Jump to content
News Ticker
  • NPAs under PM Modi's Mudra scheme jumped 126% in FY19
  • shows RTI
  • RTI query reveals banking frauds of ₹ 2.05 Trillion reported in the last 11 years
  • 509 per cent rise in cases under child labour law: Study
  • The Central Information Commission has allowed disclosure of file notings on the mercy petition of a rape and murder convict, rejecting the government's contention that the records cannot be disclosed as these are privileged documents under Article 74(2) of the Constitution.
  • Electoral bonds worth over ₹5,800 crore were bought by donors to fund political parties between March 1, 2018 and May 10, 2019, a Right to Information reply has said.
  • Don't pay 500/- for answer sheet now- Supreme Court says if Answer sheet is asked under RTI, RTI Fees will be governed
  • Sign in to follow this  

    A citizen is obliged to make an application under the RTI Act only before the CPIO of the concerned Public Authority


    rtiindia

    a citizen is obliged to make an application under the RTI Act only before the CPIO of the concerned Public AuthorityIn on the decision Appellate Authority of Central Information Commission has decided that a citizen is obliged to make an application under the RTI Act only before the CPIO of the concerned Public Authority.


    The provision under Section 6(3) has to be read in the context of Section 6(1) of the RTI Act. In other words, Section 6(1) lays down a rule while Section 6(3) is an exception. If every applicant is allowed to submit all petitions concerning various Public Authorities to one single Public Authority, then virtually every Public Authority would be rendered into a Post Office, whose only task would be to transfer a RTI application to the concerned CPIOs. This will put the whole system unworkable. This could not have been the intention of the Legislature while enacting Section 6(3) that each and every person can submit applications seeking information wherever he likes.


     It was stated that "If a harmonious construction is attempted of the two provisions, a citizen is obliged to make an application under the RTI Act only before the CPIO of the concerned Public Authority. There may be situations where a citizen may not be able to ascertain as to who would be the appropriate CPIO/Public Authority who has the information. Only in such exceptional cases, he should file an application before some other Public Authority. Some other Public Authority also cannot be each and every Public Authority, it has to be in some way or the other related to the subject-matter of the request for information".




    A right not available under a law cannot be made available through an appeal.


    The decision can be read and downloaded from our website here! FAAD_25052009_01


    Sign in to follow this  


    User Feedback

    Recommended Comments

    1 What is thr difference Between RTI Act 2005 and DRTI act 2001 2 When Rs 25 Postal order not available in tge post office then from where we get it 3 When we have to fill details of concerned Public Authority Name it s very difficult to know in whose name Postal order to fill

    Share this comment


    Link to comment
    Share on other sites
    The interpretation of section 6 is justifiable. Many disgruntled elements are filing frivolous RTI applications without any larger public interest. These type of decisions of CIC are welcomed.

    Share this comment


    Link to comment
    Share on other sites
    The application under RTI to concerned CPIO is very important but how a citizen do know that particular CPIO

    Share this comment


    Link to comment
    Share on other sites


    Join the conversation

    You can post now and register later. If you have an account, sign in now to post with your account.
    Note: Your post will require moderator approval before it will be visible.

    Guest
    Add a comment...

    ×   Pasted as rich text.   Restore formatting

      Only 75 emoji are allowed.

    ×   Your link has been automatically embedded.   Display as a link instead

    ×   Your previous content has been restored.   Clear editor

    ×   You cannot paste images directly. Upload or insert images from URL.


×
×
  • Create New...

Important Information

By using this site, you agree to our Terms of Use & Privacy Policy