CPIO suggest to file New RTI to SPIO

[SJkumar 0]

Hello,

 

I have filed my RTI application to the CPIO of the Central Government and his replies is as follows:

 

“It is informed that, section 6(1) of the Right to Information Act, 2005 provides that a person who desires to obtain any information shall make a request to the public information officer of the public authority concerned. The information sought by you is not held by this office and is concern of the State Government. You are advised to make separate application to the public authority concerned in the State Government for obtaining information”

 

 

My queries are:

1. As per the provision of the RTI Act, Can CPIO disposed my RTI application by stating that this is a state subject or he has to mandatory transfer my RTI application u/s 6(3) to the SPIO of state Government.

 

2. Is their any provision in the RTI Act as per which CPIO of Central Government can suggest the applicant to file new RTI to SPIO of State Government and disposed the RTI application accordingly?

 

Please help!!

[Prasad GLN 1,760]

What do you want ? Information. Is it right ? Then instead of being worried about other things, find out concerned SPIO and file fresh RTI Application. This is simple rather than discussing about CPIO's action. (yes. CPIO must have atleast hinted the name of the correct PA in the state)

[jps50 1,580]

If information pertains to a State Govt, CPIO or SPIO of other state is not supposed to transfer to SPIO of the State which holds information. This may give rise to problems of transfer of fee from central govt to state govt and other jurisdictional issues. You may refer attached decision of 2012 of CIC.

 

I append below para from OM No. NO.10/2/2008-IR dated 12-06-2008 of DoPT, GoI

 

"If a person makes an application to a public authority for some information

which is the concern of a public authority under any State Government or

the Union Territory Administration, the Central Public Information Officer

(CPIO) of the public authority receiving the application should inform the

applicant that the information may be had from the concerned State

Government!UT Administration. Application, in such a case, need not be

transferred to the State Government!UT Administration"

 

Hence please file RTI with concerned SPIO and obtain information.

TRANSFER OUTSIDE STATE GOVT 081012.pdf

[MANOJ B. PATEL 21]

Section 6(3) is reproduced below.

 

(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:

 

So the CPIO should transfer the RTI application to the concerned PA.

[SJkumar 0]

Sir,

 

Very thanks for your valuable reply, I know that I have very simple and easy solution i.e. to file the RTI application to the concern SPIO of the state Government but as a matter of fact I want to know the legal position on this. I believe that knowing our legal right and to implement the same is the only way to which we can achieve our goal and for which if we have do the hard work I can do that. My point is this can I file the appeal before the FAA to direct the CPIO to transfer my RTI application u/s 6(3) to SPIO.

 

Please understand…… I just want the exact legal point on this.

 

Regards

[SJkumar 0]

Sir,

 

I have received very valuable information form the members of this forum i.e. from you, G.N.L Prasad and JPS 50 but I got confused while reading the replies.

 

I just want the exact legal point on this i.e. can I file appeal before the FAA of CPIO with a prayer to direct my RTI application to the SPIO of the state Government u/s 6(3) and the same is admissible or not.

 

Regards

[jps50 1,580]

There are certain gray areas in every law including RTI Act. These are filled-in by CIC/SICs or Courts when such matter come to them. You may peruse attachment to my post No. 3 above. You can file first appeal. However, second appeal may clarify exact position.

[Prasad GLN 1,760]

I always prefer getting information alone as top priority under RTI Act, as PIO is also like a human being and have his own attitude,ego etc., I do not recommend for legal/retaliatory measures for simple things, when information is not urgent and important. This the reason, I keep myself distant from such challenging posts from some members who are experts by themselves in RTI Act, already decided a solution, and wants that some one should confirm that their action is the proper way.

[RAVEENA_O 529]

Section-6 reads as under:

 

[h=3]Section 6: Request for obtaining information[/h] 6. (1) A person, who desires to obtain any information under this Act, shall make a request in writing or through electronic means in English or Hindi or in the official language of the area in which the application is being made, accompanying such fee as may be prescribed, to—

 

 

(a) the Central Public Information Officer or State Public Information Officer, as the case may be, of the concerned public authority;

 

 

As an applicant, it was your responsibility to submit the RTI request to the concerned CPIO or SPIO, as the case may be. The information is held by and under the custody of the SPIO. Therefore you have not sumitted your application to the concerned SPIO, as he is the custodian. The RTI Act clearly specify submitting applciation before CPIO or SPIO, as the case may be, meaning thereby you have to submit application to SPIO for information held by State Public Authorities and to CPIO for ilnformation held by Central Public Authorities.

 

Therefore, CPIO has no obligation to transfer your RTI request to the SPIO.