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bhaskar92

Is section 6(3) is applicable for First appeal ?

Question

bhaskar92

Respected members ...I filed an RTI to head office of electricity department of andhrapradesh ...later they transferred it to other office where the information solicitated by me is available...but that PUO haven't provided information to me ...now I don't know the FAA details of this office ...can I make my FAA to the head office of electricity department of andhrapradesh... Will section 6(3) help me to reach to the correct appealate authority.

Thank you

 

Sent from my Moto E (4) Plus using RTI INDIA mobile app

 

 

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Prasad GLN

Before jumping into the fray of RTI, it is proper to understand at least two important sections Sec.6 and Sec.19 in Telugu.

Sec.6 deals with providing information by SPIO to applicants.

Even after 12years of enactment PIOs still could not understand single section 6  applicable to them and interpret them as they like.

Sec 6 (3)

If the information is available within the same public authority, the receiving SPIO has to endorse the application "forthwith"

In your case, the information is available within same public authority i.e Electricity dept., but in a separate office/ wing/section.

The proper way of the first PIO is to immediately endorse the application immediately to concerned SPIO under intimation to the applicant.

If the application is transferred to other depts (other than the Electricity) like Revenue, Corporation, Home etc which are other Public Authorities, then only Sec.6 (3) is applicable and time frame of 5 days steps in.

So, fist PIO transferring RTI application to some other office of same electricity dept., is improper.

As we can not go on corresponding or arguing with idiots, we have to wait for second PIO response for  30 days + 5 days for postal transit and then go for the first appeal to the second PIO.

Again, PIOs blame the applicant for not locating correct SPIO as it is the applicant's responsibility as per Delhi HC Judgment.

Sec.19 states of First Appeal procedure and there is no link in between Sec.6 (3) at all.

You have to search the website of the Electricity dept., find out the First Appellate authority's address of second PIO.

Wait for 35 days from the date of such receipt from second PIO and file the first appeal to First Appellate authority of second PIO.

 

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Sunil Ahya

Section 6(3) is for public authority and not for a RTI applicant.

On what date your RTI application was transferred to the second PIO?

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bhaskar92
Section 6(3) is for public authority and not for a RTI applicant.
On what date your RTI application was transferred to the second PIO?
8th June 2018 it was transferred to second PIO


Sent from my Moto E (4) Plus using RTI INDIA mobile app

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