what to do Filed RTI with Police Commissionerate, They replied, File RTI Apps with separate police stations

[azzharee 1]

Respected Friends,

I did file an RTI Application with the PIO, Office of the Police Commissioner, seeking information pertaining to cases of certain nature registered in the District Limits. The PIO replied that the information cannot be provided from this office and that you need to file separate RTI applications with different police stations for the purpose.

 

What Am I supposed to do? File First Appeal? Furnishing what?

Thank so much in advance.

[Prasad GLN 1,759]

I am afraid some thing is wrong in communication.

There is a system of preparing charge wise details every year, like pending cases, new cases, disposed cases for Thefts, Murders , against women etc and Commissioner officer must collect to have effective control over progress / performance during the year.

When separate information is available with Commissioner office station wise for consolidation, there is no need to transfer to each and every station. The record must be in the custody of Commissioner's office. The information is being displayed in each police station in Black board showing performance.

First get oral confirmation of availability of such record and then file first appeal stating the grounds clearly

 

 

Please also learn the differences of information available within same public authority and with other public authority.

When this information is not available either PIO can endorse it to that one or two police stations and ask them to provide information directly.

Legally RTI applicant should seek information from relevant public information officer and it is his duty in normal circumstances.

 

Sect 6-3 serves for a different purpose and do not club and confuse yourself about this stipulation.

If that information is available with some other public authority other than police, like Revenue, Collector, Treasury etc then under 6 (3) Application has to be transferred within 5 days from date of receipt.

 

The proper way before filing RTI Application is knowing fundamentals and keeping one A4 size copy of RTI Act in mother tongue with

Sec.2h 5, 6, 7, 8, 11 and 18, 19, and 20. (All these sections can come within one page..Preserve that copy)

These sections are more than sufficient for a normal RTI Applicant .

[Sunil Ahya 782]

File a first appeal on the following ground:

Grounds of First Appeal:

 

I had filed a RTI Application with the PIO, Office of the Police Commissioner, seeking information pertaining to cases of certain nature registered in the District Limits. The PIO has replied stating that the information cannot be provided from this office and that this appellant needs to file separate RTI applications with different police stations for the purpose.

 

In this regard, I would hereby like to draw your Hon’ble Authority’s kind attention to the provision of section 5(4) read with section 5(5) of the RTI Act, 2005, whereby:

 

 

• As per section 5(4), if the information is not available with the PIO’s Office, nevertheless, it is available within his Public Authority then, the PIO is supposed to seek assistance of other officer as he or she considers necessary for proper discharge of his duties and thereby access the information from that other Office and provide it to a RTI applicant, and
  
• As per section 5(5), for the purpose of any contraventions of the provisions of RTI Act, such other Officer shall be treated as the PIO.
  

 

Therefore, given the provision of section 5(4) read with section 5(5) the PIO was supposed to have sought assistance of the Officer in whose custody the information vide this RTI application, was available.

 

In this regard, please also find the decision of Hon’ble Delhi High Court in CPIO Supreme Court v/s. Subhash Chandra Agarwal & Anr., the relevant except of which has been quoted below and is self explanatory:

 

Quote:

Para 23. In view of this, the question of transferring an application under Section 6(3) of the Right to Information Act by the CPIO of the Supreme Court cannot arise. It is the duty of the CPIO to obtain the information that is held by or available with the public authority. Each of the sections or department of a public Authority cannot be treated as a separate or distinct public authority. If any information is available with one section or the department, it shall be deemed to be available with the Public Authority as one single entity CPIO cannot take a view contrary to this.

Unquote

 

Thus, the PIO has disposed of the RTI application in violation of section 5(4) read with section 5(5) of the RTI Act.

[avinash_hyd007 10]

File 1st appeal U/s 19(1) stating that the RTI application should be transferred U/s 6(3)(ii) of RTI Act and the PIO may also refer Sec 5(3)&(4)

 

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