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rtiindia posted a post in CIC DecisionsThe Commission finds no merit in the complaint filed by Shri Sudhir Goyal on CPIO contention that there are over 75 ministries/departments and as per the decision of a three-member Bench of the Commission in the case of Shri Ketan Kantilal Modi Vs CBEC, dt 22.9.2009, CPIO is not under obligation to transfer RTIs to multiple organisations. (If you want to file RTI Online visit our guide here) Vide RTI, addressed to the PMO, Complainant had sought information on 7 points relating to details of various programmes started by the Central government on completion of four years of UPA government , decisions taken by the government in relation to the programmes, amount spent on these programmes, budget allocated for the same and related issues. The CPIO told to the applicant that the information pertains to various Ministries and the Complainant was advised to file separate RTI applications to each ministry with regard to the remaining information. Transfer RTIs to multiple organizations The Complainant has filed a complaint u/s 18 on the grounds of not transferring the RTI application u/s 6(3) DECISION The Commission finds no merit in the complaint filed by Shri Sudhir Goyal and the same is disposed of. Citation Details: File No.CIC/SM/C/2013/000573/RM dated 17.07.2014. You can discuss this decision at our forum here! This is an extract of the decision available on the CIC public website, and is meant for generating interest in our readers only. For the true detailed and authentic copy you must download the decision from the CIC website!
rtiindia posted a post in CIC DecisionsIn a much relief for an RTI applicant, CIC has given a judgement that claim by Public Information Officer that similar RTI application was earlier answered is no defence for denial unless that claim is proved. Secondly CIC ruled that giving reference to website alone to obtain information sought is not complete provision of information under RTI Act. It should be accompanied by offer of supply of hard copies on payment of cost of copying. (If you want to file RTI online visit this article to know about it) If the RTI application is a repetition and information was furnished, the PIO has to discharge the burden of proving the same. He should have to at least sent a copy of the same information to the appellant with reference to the present RTI application also, as non furnishing of information to the RTI application will be viewed seriously by the Commission and the respective PIO will be liable for penalty u/s 20 of the RTI Act. Reference to website by PIO alone to obtain information sought is not complete The respondent/PIO should also note that every appellant may not have the facility of checking their website for downloading the desired information. They should see that the appellant is furnished the required information by collecting the costs, even though the same is available on the website. CIC Decision: Aseem Takyar Vs. Delhi Jal Board, GNCTD file number: CIC/AD/A/2013/001911SA dated 18-07-2014 You can discuss this decision at our forum here! This is an extract of the decision available on the CIC public website, and is meant for generating interest in our readers only. For the true detailed and authentic copy you must download the decision from the CIC website!
If the Public Authority has not transferred the RTI application to another public authority who is holding information under the RTI Act, they are themselves responsible to collect the information from the said departments and furnish the same. As per Section 6 (3) Where an application is made to a public authority requesting for an information, which is held by another public authority; or 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. For any queries on RTI, kindly post at our forum here! To know about the basics of RTI, go ahead and read our Guide segment which contain all the answers relating to RTI. Transfer or Reply - You cannot ignore RTI While hearing appeal, CIC recorded that: "The respondent authority claimed that the questions Nos. 6 to 9 are pertaining to Electrical and Horticultural Departments. As they have not transferred the same to those departments under section 6(3) of the RTI Act, they are responsible to collect the information from the said departments and furnish the same to the appellant within 20 days." If you want to know more about transfer of RTI Application, please follow this blog by @abhi987 here: Transfer of a RTI Application - Sec. 5(4) + 5(5) OR Sec. 6(3). Citation details: Dr. Vijay Kr. Mittal Vs. Public Works Dept, GNCTD File No.CIC/AD/A/2013/001265SA dated 18-06-2014 The article has been taken from the CIC decision available on the public website and post here is only meant for RTI awareness.
asinghee posted a question in Ask for RTI SupportI have observed that RTI applications in Nagar Nigam Jaipur and Rajasthan Housing Board, my applications have transferred multiple times by one PIO to another PIO and in some cases, it is handled like a ping pong ball i.e. First to send and second to first again.Is it permissible under sec 6(3) of RTI Act 2005.