DoPT circular re clarification of Sec 5(4) and Sec 5(5)

[karira 5,897]

DoPT has issued a circular No. 1/14/2008-IR dated 28 July 2008 clarifying that PIO's cannot "designate" other officers as PIO's using Sec 5(4) and 5(5).

It is the duty of the PIO to obtain information from other officers and provide to the applicant.

 

The RTI Act enables the PIO to seek assistance of other officers (deemed PIO's) to enable him to provide information to the information seeker BUT does not give him authority to designate these "other" officers as PIO's.

 

Circular copy is attached to this post.

Clarification re Sec 5(4) and 5(5) - deemed PIO's.pdf

[dhanabalan 9]

whether the PIO can direct the deemed PIO under section 5(4) to give information to the applicant directly? Or the PIO should get the information from deemed PIO and sent to the applicant by PIO himself?

[karira 5,897]

whether the PIO can direct the deemed PIO under section 5(4) to give information to the applicant directly? Or the PIO should get the information from deemed PIO and sent to the applicant by PIO himself?

 

As per various orders/decisions of the CIC and some SIC's the second course of action is in line with the RTI Act.

 

However, if the "deemed PIO" does reply under his own signature and normal designation and if the applicant is satisfied with the information provided, there is no point in taking the matter up further to First Appeal solely for this reason.

[jps50 1,580]

If information pertains to single PA, the PIO to whom RTI application is addressed should supply the info sought, by collecting from other sources in the same PA. Deemed PIO will come into picture only when fixing penalty by IC

[Sunil_Gupta 3]

If information pertains to single PA, the PIO to whom RTI application is addressed should supply the info sought, by collecting from other sources in the same PA. Deemed PIO will come into picture only when fixing penalty by IC

 

Mr. Shah,

 

May I request you to give more details in respect of your above view, as in how more clarity can be recived in this regard.

 

pls refer to 2 threads in the forum opened by me in this regard as under:-

 

51295-status-officials-sub-ordinate-officials-public-authority

 

40566-purpose-sec-6-3-right-information-act-2005

 

Your views & suggestions alongwith pertaining orders or citations in this respect shall be higly appreciated.

 

Thanks & Regards.

 

Sunil Gupta

[jps50 1,580]

A] As per sub sections 4 and 5 of section 5 of RTI Act CPIO to whom application is submitted is duty bound to collect information from any source within the public authority and to supply to the applicant. Transfer of RTI application within public authority is against provisions of RTI Act.

 

B] Directives issued by Ministry of Personnel, Public Grievances & Pensions, Department of Personnel & Training, North Block, New Delhi as contained in its notification No.1/14/2008-IR dated 28-07-08, which deals with transfer of applications.

 

C] CIC has been quoted as under in judgement pronounced on 02.09.2009 by HIGH COURT OF DELHI in W.P. © 288/2009 CPIO, SUPREME COURT OF INDIA, versus

SUBHASH CHANDRA AGARWAL & ANR [Judges’ assets case]

 

“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.”

[Sunil_Gupta 3]

Mr. Shah,

 

A little more inquisiteness. I see you mentioning in the mail in the other forum as under:-

 

I have recently quoted as under when application was transferred within single PA:”

 

In light of the same, may I once again request you to update further as follows:-

 

1. what was the fate of the matter where you filed the said application.

2. any decisions of FA & SA in the matter

 

Thanks & Regards.

[karira 5,897]

2. any decisions of FA & SA in the matter

 

Please read:

 

http://www.rtiindia.org/forum/18836-role-cpio-clarifications.html

http://www.rtiindia.org/forum/5754-failure-comply-6-3-a-2.html#post20359

http://www.rtiindia.org/forum/3378-dopt-circular-creating-single-point-right-information-applications-if-more-than-one-cpio.html

[jps50 1,580]

The above paras were quoted in first appeal and FAA [Chief General Manager of SBI] agreed to my contention and ordered CPIO to collect information himself and supply, rather than transferring part of RTI application to LHO Delhi and asking the applicant to follow up at Delhi LHO.