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Dear learned members

 

A PA has established a RTI cell headed by an officer called nodal officer. The PA has many PIO's and a FAA. The applications are submitted to RTI CELL. One such application was not replied by a PIO even after 40 days and first appeal was submitted to the said RTI CELL addressed to FAA. The 30 days over and no hearing was fixed, on enquiry with RTI CELL, the nodal officer said he has directed PIO to issue the information based on the appeal without the concurrence or even bring the appeal to the notice of FAA. So under these circumstances my queries are as follows:-

 

(1). Whether nodal officer empowered to direct PIO to issue documents by pasing FAA?

 

(2). The 30 days after filing first appeal is over and the documents are urgently required, SIC would be late , approaching the FAA with to consider first appeal at this is it legally valid?

 

(3). Whether the PIO bound by the direction of nodal officer issued on first appeal, the SIC or Consumer court takes congnizance of such directions of the nodal officer.

 

(3). SIC would be late , so looking for valuable suggestions from members on the issue.

 

(4). Looking for comments on the role of the nodal officer under the act

 

 

 

regards

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karira

The RTI Act only recogonises:

 

The applicant

The APIO

The PIO

The FAA

The CIC or SIC

The Competent authority

 

What the PA does is its own internal matter and for its own convenience / suitability.

 

As a citizen (and an applicant) you plainly follow the RTI Act 2005 !

 

If 30 days after filing first appeal is over - wait another 15 days (plus 5 days for postal delays). Remember the FAA has 30 + 15 days to pass his orders (read Sec 19(6)). If that period is over and you still do not have the FAAs order, then send a very strong reminder to the FAA. If the reminder also fails to elicit a response, then you have no choice but to file a Second Appeal.

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Dear kariraji

 

Second appeal is the unlitimate option, FAA in this PA is cool and not bothered about appeal as act is not strongly laid out on FAA and as there is a way for 2nd appeal and FAA obligation to RTI is unpunishable so not all bothered. Can i proceed based on nodal officer direction as has been issued by FAA himeself?

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karira
Dear kariraji

 

Second appeal is the unlitimate option, FAA in this PA is cool and not bothered about appeal as act is not strongly laid out on FAA and as there is a way for 2nd appeal and FAA obligation to RTI is unpunishable so not all bothered. Can i proceed based on nodal officer direction as has been issued by FAA himeself?

 

You do not even have a first appeal order in hand - only a verbal assurance.

What will you proceed on? - a verbal assurance ?

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Sunil Ahya

The Designation Nodal Officer has no locus standi under the RTI Act, and hence, the way a Nodal Officer chooses to handle a RTI application has no legal relevance.

 

Although a person may have been designated as a Nodal Officer by a PA, but if that person (Nodal Officer) has been delegated with the responsibility to receive RTI applications & First Appeals on behalf of a PIO & FAA, then that person implicitly become an Assistant Public Information Officer (APIO) under section 5(2) of the RTI Act.

 

If the APIO (Nodal Officer) does not handle the RTI application & FA in compliance with the provisions of the RTI Act, then that person may render himself liable to various provisions enacted for ensuring the timely disclosure of information under the RTI Act.

 

You may mail a photocopy of your second appeal addressed to the APIO (N.O.), c/o. PIO as well as the APIO (N.O.), c/o. FAA, get their acknowledgment, enclose these acknowledgments along with the Original Second Appeal and mail it to SIC. This may entail an additional opportunity to all the concerned persons that is APIO (Nodal Officer), PIO & FAA to have one more look at your RTI application, also the N.O. will become aware of his responsibility as an APIO under the RTI Act.

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dr.s.malhotra
(1). Whether nodal officer empowered to direct PIO to issue documents by pasing FAA?

 

I fully agree with views of Sh. Karira ji , Sh. Sunil ji . The Nodal Officer has no right / responsibility under RTI Act in relation to FAs .

Just to add a bit .

If the PIO has agreed and responded to directions of Nodal Officer and supplied complete Information , then everything will become legal because no one is going to move the Commission for quashing of such "ORDER / DIRECTIONS" by a senior officer in the PA .

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You do not even have a first appeal order in hand - only a verbal assurance.

What will you proceed on? - a verbal assurance ?

 

The nodal office.r has given the file no. and date of dispatch of his directions to PIO to issue documents. For your opinion .. Mr. kariraji

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I fully agree with views of Sh. Karira ji , Sh. Sunil ji . The Nodal Officer has no right / responsibility under RTI Act in relation to FAs .

Just to add a bit .

If the PIO has agreed and responded to directions of Nodal Officer and supplied complete Information , then everything will become legal because no one is going to move the Commission for quashing of such "ORDER / DIRECTIONS" by a senior officer in the PA .

 

Precisely, the PIO has not responded to the N.O. directions, and that's the crux, and who is responsible for dealy and agony to applicant is the matter for concern to proceed and how to proceed is the question?

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karira
The nodal office.r has given the file no. and date of dispatch of his directions to PIO to issue documents. For your opinion .. Mr. kariraji

 

You filed a RTI application.

PIO did not provide you the information you sought.

You filed first appeal for "deemed denial" of information.

You still have not got any first appeal order......

You have to wait for the mandated period as in Sec 19(6).

Then you have to file first appeal.

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You filed a RTI application.

PIO did not provide you the information you sought.

You filed first appeal for "deemed denial" of information.

You still have not got any first appeal order......

You have to wait for the mandated period as in Sec 19(6).

Then you have to file first appeal.

 

 

 

Application as well as first appeal filed stipulated time both have lapsed for both. But nodal officer acted on first appeal issued directions to PIO instead of FAA is a maater of conceren the validity of N.O. directions and the time limit is to be understood to proceed... please highlight your comments

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karira
Application as well as first appeal filed stipulated time both have lapsed for both. But nodal officer acted on first appeal issued directions to PIO instead of FAA is a maater of conceren the validity of N.O. directions and the time limit is to be understood to proceed... please highlight your comments

 

Please show me one place where "nodal officer" is mentioned in the RTI Act 2005 or any rules framed there under.

That is why you have to wait till you get the first appeal order (or not get it in the prescribed time limit) and file second appeal.

 

I am sorry but I cannot explain you more than or in a better manner than I already have.

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RAVEENA_O

You have to wait 45 (+5 days) from the date of receipt of your original First Appeal by FA. After that you can file 2nd Appeal with SIC. Please mark a copy of 2nd appeal to the PIO and FAA, perhaps, they may immediately supply the information. You are now entitled for free information.

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sharadphadke

If you have sent the FA to PA according to rules, who signs the order has no relevance provided you have a signed copy of the order.

 

If direction given in that order are not followed then,

File a complaint to PA for action against PIO as per service rules. In this complaint demand action under Section 166 of IPC against PIO. Copy to Nodal officer must with remark that so and so has not followed your orders and hence I have made a written complaint to head of Public Authority.

Follow this through RTI.

File a direct complaint cum appeal. Appeal is to get information. Complaint for action.

If you are not interested in information stick to complaint with strong words.

I thing jps50 has kept some documents for this type of problem and so please check up his blog.

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