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Transfer of RTI application under Section 6(3)


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RTI Act - Section 6(3) Where an application is made to a public authority requesting for an information,— (i) which is held by another public authority; or

(ii) the subject matter of which is more closely connected with the functions of another public authority,

the public authority, to which such application is made. shall transfer the application or such part of it as may be

appropriate to that other public authority and inform the applicant immediately about such transfer:

Provided that the transfer of an application pursuant to this sub-section shall be made as soon as practicable but in

no case later than five days from the date of receipt of the application.

 

Cabinet Secretariat is a public authority under RTI Act. It has number of departments/sections located in various buildings in Delhi. Recently a CPIO in Cabinet Secretariat transferred my RTI application to another CPIO in Cabinet Secretariat under Section 6(3) of RTI Act. I filed first appeal against this decision as Section 6(3) is for transfer of RTI application from one public authority to another public authority. To my surprise FAA rejected my appeal saying that as other CPIO is sitting in another building CPIO has rightly transferred the RTI application under Section 6(3).

 

I request your views on this.

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Please refer to

Central Information Commission (CIC) which has been quoted as under in judgment pronounced on 02.09.2009 by HIGH COURT OF DELHI in W.P. © 288/2009 in CPIO, SUPREME COURT OF INDIA, v/s SUBHASH CHANDRA AGARWAL & ANR:

 

“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.”

The order copy can be accessed from the website of High Court of Delhi at:

http://lobis.nic.in/dhc/SRB/judgement/02-09-2009/SRB02092009CW2882009.pdf

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Make a second First Appeal to same FAA and quote the above judgement and ask him to review his decision (Attach a copy of Judgement if possible). If you go for 2nd Appeal straight away it will take a long time before it gets admitted and comes up for hearing. While waiting for FAA to respond you can also try this idea given by Shri J P Shah at:

http://www.rtiindia.org/forum/blogs/jps50/1504-reminder-first-appeal.html

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  • 3 years later...

W.P. © 4172/2017 Page 1 of 1

$~8

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.© 4172/2017

SHIKHA BAGGA ..... Petitioner

Through Mr K.B. Jha, Advocate and Ms Shikha

Bagga, Advocate.

Versus

PUBLIC INFORMATION OFFICER, DIRECTORATE OF

EDUCATION & ANR ..... Respondents

Through Mr Sanjoy Ghose, ASC with

Ms Aparajita Sharma and Ms R. Jetley, Advocates

for GNCTD.

Mr Kamal Gupta, Advocate.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 13.07.2017

1. The petitioner has filed the present petition, inter alia, impugning the

letters dated 18.04.2017 and 22.04.2017 issued by the Public Information

Officer of Directorate of Education/ Deputy Director of Education. The

petitionerÂ’s grievance is that the petitioner had sought certain information

from the Director of Education under the Right to Information Act, 2005

(hereafter 'the Act') and instead of providing the information as sought for,

the PIO has transferred the application to the Offices of the Deputy Director

of Education (29 in number). The said offices had in turn transferred the

petitionerÂ’s application to various schools (which petitioner claims is over

W.P. © 4172/2017 Page 2 of 2

1400).

2. Mr Sanjoy Ghose, learned counsel appearing for the respondents

states that some of the information sought by the petitioner was confidential

in nature and thus the Director may not be in a position to supply the same.

He also referred to the decision in order dated 06.01.2011 passed in the case

of Delhi State Public School Management Association v. Directorate of

Education and Anr.: W.P. © 21/2011 and submitted that a coordinate

bench of this Court had stayed the order directing dissemination of certain

information on the website.

3. The question involved in the present case does not entail examination

of whether the information sought for is confidential or is to be withheld

from the petitioner. The petitionerÂ’s grievance is regarding transfer of her

application to other PIOs and thereafter to various schools.

4. Clearly, transferring the petitionerÂ’s application to various schools is

unsustainable. The PIO is required to provide all such information as sought

for, subject to the exceptions as provided under the Act.

5. In the circumstances, the writ petition is allowed and the impugned

letters/orders dated 18.04.2017 and 22.04.2017 transferring the petitionerÂ’s

application to various officers and various schools are set aside. It is directed

that the petitionerÂ’s application be considered by respondent no.1 in

accordance with law.

6. It is clarified that this Court has not expressed any opinion on the

question whether the information sought for ought to be made available to

W.P. © 4172/2017 Page 3 of 3

the petitioner under the provisions of the Act; that question would be

examined by respondent no.1 (PIO) in the first instance.

7. The petition is disposed of.

VIBHU BAKHRU, J

JULY 13, 2017

pkv

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