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p.esakkimuthu

Ministry refused to act as persec 6(3) of RTI Act saying that they can not do the Postman work of others.

Question

p.esakkimuthu

The RTI Act provides for transfer of information u/s 6(3) if the information is/are held by other PIO/PIOs. I asked 15 infromations from the Ministry of Finance. Out of these 15 informations, 12 informations are to be answered by other ministries.Whether the Ministry of Finance is leagally liable to transfer the 12 informations to other PIOs u/s 6(3) of the RTI Act. The inance Ministry refused to act as persec 6(3) of RTI Act saying that they can not do the Postman work of others.What is the position with regard to this aspect.

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karira

They are misinformed.

They not only have to transfer your application within 5 days but have to inform you in writing about the transfer of your application !

 

3. Where an application is made to a public authority requesting for an information,—
i. which is held by another public authority; or

ii. the subject matter of which is more closely connected with the functions of another public authority, the public authority, to which such application is made, shall transfer the application or such part of it as may be appropriate to that other public authority and inform the applicant immediately about such transfer:

Provided that the transfer of an application pursuant to this sub-section shall be made as soon as practicable but in no case later than five days from the date of receipt of the application.

 

The above is absolutely clear. Why are they having any doubts ? Finance Ministry babus should be very apt at understanding the above, after all they draft some of the most complex circulars which normal citizens can never understand.

 

If the PIO has informed you in writing, please go for 1st appeal.

If the PIO has informed you verbally , ask him to give it in writing.

 

Once you have it in writing, go for first appeal.

 

You can refer to several decisions by CIC in this matter:

 

http://www.cic.gov.in/CIC-Orders/Decision_12072006_2.pdf

(PIO in Rashtrapati Bhawan transfering application to Min of Petr.)

 

http://www.cic.gov.in/CIC-Orders/Decision_15092006_5.pdf

 

http://cic.gov.in/CIC-Orders/Decision_22012007_2.pdf

 

http://www.cic.gov.in/CIC-Orders/Decision_26072006_2.pdf

(PIO being penalised because although he did transfer the application under Section 6,3 but did not inform the applicant about the transfer.)

 

http://cic.gov.in/CIC-Orders/Decision_28022007_08.pdf

 

CENTRAL INFORMATION COMMISSION

 

http://cic.gov.in/CIC-Orders/CIC_Order_Dtd_25022006.pdf

(DDA arguing that they have transferred the application under Section 6(3))

 

There are atleast a hundred more decisions.

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vijayarajan

Thank you Sir.

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ganpat1956

Jeetsinghmann, Karira will provide you the reply. But please take due note that we do not encourage posts directly/indirectly provoking other members.

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karira
Mr. Kaira ,

Plz refer http://www.rtiindia.org/forum/11706-crucial-feature.html'>http://www.rtiindia.org/forum/11706-crucial-feature.html . Just dont give violent reply, but also consider other aspect.

 

Have been accused of many things - but first time being accused of violence in my replies !

 

In the thread you refer to (http://www.rtiindia.org/forum/11706-crucial-feature.html) the poster has clearly asked whether he can send one application asking for information which he very well knows is lying with other PA's and has to be supplied by other PIO's.

 

In this thread,the poster asked for information not knowing where is it lying and it was the Ministry which informed him that they will not act like postman.

 

That is precisely the reason why I did not reply in the other thread (since it was adequately replied to by other members) and also did not give a cross reference to this thread.

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GAUTAM BHATTA

One SAPIO of Co op Department, West Bengal transferred one RTI application to the concerned SPIO of another Public Authority , 55 days after receiving the same, that too after submission of 1st appeal to the FAA. Three letters have come up in two local news papers. Two complaints were submitted to the SIC, in August & Sept. 2008-- but no response received from the SIC. Information was furnished after a period of seven months . When asked about the status of one complaint , it was informed that there was no binding of replying all queries/ complaints on the part of SIC. WHAT IS TO BE DONE ?

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jeetsinghmann
Have been accused of many things - but first time being accused of violence in my replies !

 

In the thread you refer to (http://www.rtiindia.org/forum/11706-crucial-feature.html) the poster has clearly asked whether he can send one application asking for information which he very well knows is lying with other PA's and has to be supplied by other PIO's.

 

In this thread,the poster asked for information not knowing where is it lying and it was the Ministry which informed him that they will not act like postman.

 

That is precisely the reason why I did not reply in the other thread (since it was adequately replied to by other members) and also did not give a cross reference to this thread.

 

 

I just want to say that RTI act is for the benefit of common man initiated by Govt. We should ask always relevent question and the relevent deptt. , here what I feel in this thread, the poster , if want any information from say Ministries of Education , but just sent all his query to Ministry of Finance as one of his query relates to Ministry of Finance , but send all his query directly to ministry of finance and want them to send his query to relevent deptt. as then only you can get such absurd reply of that of postman. (Though I might be wrong in understanding). But we should think that the main reason for so many pending cases in CIC is that , people just ask for sake of asking and not for genuine reason and dont understand that this only affect those who genuinely need information. Also refer http://www.rtiindia.org/forum/241-central-information-commission-asks-applicants-not-misuse-right-information-act.html and http://www.rtiindia.org/forum/317-frivolous-right-information-application-central-information-commission-objects-them.html .

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Shantanu Shivaji Wavhal

(ii) the subject matter of which is more closely connected with the functions of another public

authority, the public authority, to which such application is made, shall transfer the application

or such part of it as may be appropriate to that other public authority and inform the applicant

immediately about such transfer: Provided that the transfer of an application pursuant to this

sub- section shall be made as soon as practicable but in no case later than five days from the date

of receipt of the application.

 

 

 

CENTRAL INFORMATION COMMISSION

Complaint No.ICPB/C1/CIC/2006

March 6, 2006

Shri P. Rajan VS. Ministry of Company Affairs

Before I deal with the appeal, it is necessary to clarify certain aspects of the provisions of the RTI Act, in view of the stand taken by the Ministry of Company Affairs that each CPIO is a separate public authority and information within his jurisdiction has to be obtained only from him by an applicant. Even though, in terms of Section 5(1) & (2) of RTI Act, a public authority could designate as many CPIOs/ACPIOs, the Act does not confer any specific jurisdiction in respect of each such officer either in terms of geographical or subject wise or the like. The Act also does not prescribe that each CPIO is a separate public authority by himself. He is only a part of the public authority which has designated him as such. The object of designation of many CPIOs/ACPIOs is only with the view that the citizens have a proximity of approach. Once a citizen applies to a CPIO of a public authority, irrespective of where and with whom the information is available within the same public authority, it is the duty of that CPIO to furnish the information sough for in relation to that public authority, if necessary by obtaining the same from the concerned CPIO with whom the information sought may be available. There is no scope to either ask the citizen to approach another CPIO within the same public authority or send the request for information to another CIPO with in the same public authority. Only in a case, where the information sought is held by another public authority, other than the one which has designated him as CPIO, he can transfer the request to that public authority for furnishing information to the applicant direct (Section 6(3))

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Prasad GLN

Whenever, members want to reply to a post, they should verify whether it was more than adequately replied in the same post by other members, and post only the latest decision for use of other members.

 

I still have doubts as I could not find CIC decision on issue of 'information from multiple PIOS"that belongs to several PIO wherein information of each dept.,/jursdictional (states/districts0 has to be collected. whether applicant has to file so many applications to each PIO or the PIO who received application himself has to send the same to other PIOs, and get information consolidated or direct PIO to approach each PIO separately.

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