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nk agarwal

RTI Applications/Appeals Disposal

Question

nk agarwal

(1) What is the provision in RTI Act-2005  for disposal of RTI Applications and Appeals?

(2) Can PIOs shunt/transfer  RTI Applications under section 6(3) from one officer to another within the same Public Authority located in the same city and asking him to directly reply to the applicant?

(3) What if the letters from these officers are issued without the name of the signatory?

(4) What if the Appellate Authority too sends a letter without giving his name below the signature?

Are there any decisions of CIC and/or courts on such issues?

(These questions are important as many of the Public Authorities maintain a "damn care attitude" towards RTI  and are bent upon violating the "sense" of the RTI Act-2005).

In one of my 2nd Appeal I would also  like to raise these issues before the SIC; so need to understand it.

regards

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Prasad GLN

First go through RTI Act as there are stipulations on time frame for disposal of applications as 30 days from receipt and first appeals within 30 days from receipt and 45 days in case of reasons specified.  There is no time frame fixed for disposal of second appeals.

2.Applications within same authority are treated as endorsement and it should be done forthwith on receipt and as expeditiously as possible.  The transfer is permitted only in case the custodian of information is another public authority..  Inspite of 14 years of enactment still some publc authorities never understand the difference.  For example If one files application to SP of police, he can endorse the application to the concerned SPIO of a police station, he can not transfer under Sec. 6 (3)

Educate them by providing DOPT directives which clearly state a format of response for PIOs to reply RTI Applications in which it was clearly stated that PIO should mention name, designation, mobile no and e mail ID of both PIO and FAA .

The experts committee it went to these type of grievances remarked that there was no such procedure stated in RTI Act and they have only recommended to Public Authority's to use uniform format and prescribed that PIO and FAA must provide name, designation, mobile no, e mail ID invariably.

As a common man one is not concerned with trivial things and we should focus only on information alone.  These things can be commented in appeals as routine praying IC for such directions to Public authority for their future guidance.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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