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sandeepbaheti

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sandeepbaheti

A CPIO transferred my RTI application under Sec 5(4) to his senior officer who also happens to be the FAA. The transfer was made under written intimation to me but I have not received any response thereafter.

How should I go about it:

 

1) Ignore the written intimation and file a normal first appeal against the PIO.

2) File first appeal to FAA jointly against CPIO and deemed PIO (who is same as FAA)

3) File appeal to the head of the PA instead of the normal FAA

4) File direct complaint to CIC citing that one cannot be a judge in his own cause.

 

The RTI application was the standard one on proactive disclosure available on http://www.rtiindia.info

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karira

Solution 3 is the best - file First Appeal with the head of the PA and clearly mention in your First Appeal that since the normal FAA is the deemed PIO, there is no question of his also acting as a FAA in the present case, since he becomes a "interested" party to the dispute. Therefore he cannot give you a unbiased hearing as per the principles of natural justice.

 

Please see: http://www.rtiindia.org/forum/8484-public-information-officer-doubling-aa.html

 

If PIO cannot double as FAA, then definitely "deemed" PIO can also not double as FAA.

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