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Transferred RTI


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Sundeep Nigam

If I receive a RTI transferred to me under sec6(3) and if some points in that RTI are related to some other PIO.Can retransfer those points under 6(3) or I should ask RTI seeker to directly contact that PIO

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Prasad GLN

Yes.  You have such responsibility of severance and it was discussed in Sec.6 sub section. 

If the other PIO belongs to same authority, the responsibility of collecting such information rests with the first PIO of public authority.  First PIO should endorse that points to the other PIO of the same dept., and ask him to provide the information to first PIO and the first PIO can just enclose the information received from second PIO with his information. 

(This information belonging to several departments in same public authority is still in dispute and not settled.  In case of Post offices belonging to entire country , a decision was given that Citizen has to file RTI Application to the individual custodian of that information even in same department.)

However in case of transfer this is still complicated as the other PIO may not consider that transfer as valid in absence of prescribed fee.  So a polite rejection and asking the applicant to file such part of information solicited from concerned public authority with such fee directly payable to them.   Some PIOs transfer RTI Application, and inform the applicant to pay such fees direct to the second PIO of that public authority.

There are simple several issues to be decided on such transfers even after 15 years.  For example a Ministry may recommend for closure of complaint basing on such letters/statements from their subordinate departments.  Those complaints may be closed and the complainant may not be knowing about the closure.  If after some years if  complainant  finds that the concerned authority has closed the issue on recommendation of that Ministry, the ministry who prepared the report in consultation with their subordinate never takes such responsibility, and transfers the applications basing on their own report under Sec. 6 (3) to subordinate organisation !!!!

 

Edited by Prasad GLN
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