role of cpio --clarifications

[vinaykala]

dear sir,

i sought information from cpio(south zone) of municipal corp of delhi (mcd) about property located physically located at south delhi and now under mcd jurisdiction of south zone.

the queries related to an earlier period when the said property was under the jurisdiction of central zone of mcd.

the cpio south zone sent my app to cpio central zone for disposal stating to me that the app is tfd to central zone.

the cpio central zone in his reply to me generally stated that records were not available with them . he also stated that as the property now lies under juridiction of south zone he cant give any input in the matter. he also stated that he could not give infor about information i had sought from commissioner mcd as that infor was in another office.

my queries are

1. is it not incumbent on the part of the cpio to whom the app was sent to collate data from different offices of mcd and provide the info. i have read that they cannot take this excuse that information lies with other office.

2. if information relates to various offices of the same organisation where one writes to senior officers like commissioners for redressal of grievance would not writing to cpio of zone where property is located suffice.

3. when i file cic apeal to whom should i sent a copy, to cpio south zone or cpio central zone.the property today is located at south zone of mcd.

vinay kala apr 24 09

2.

1. is it

[sandeepbaheti]

Answering your queries:

1) You are absolutely right about the duties of PIO.

2) File your appeal to the senior officer of the CPIO to whom you addressed your RTI application. Mention the particulars and reply of the CPIO to whom the application was transferred (call him deemed PIO).

3) Copies of second appeal should be filed to all concerned parties: the CPIO, deemed PIO and FAA.

[karira]

The PIO's of MCD have been adequately warned about this practice.

Please see:

http://cic.gov.in/CIC-Orders/SG-06032009-01.pdf

section 6 (3) permits transfer of RTI application from one public authority to another public authority and that’s how the application has been transferred to the MCD. section 5 (4) of the RTI Act permits PIOs to seek the assistance of any other officer as he or she considers it necessary for the proper discharge of his or her duties and the onus then lies on the officer whose assistance has been sought to give the information to the PIO. While, the officer whose assistance has been sought by the PIO can seek the assistance of others, the responsibility lies with him to collate and submit the information to the PIO. The officer whose assistance has been sought by the PIO can not absolve himself of his responsibilities by simply forwarding the applications to numerous others and asking them to directly provide the information to the citizens. It is his administrative responsibility to obtain the information and provide it.
The aim of the aforesaid provision is to ensure availability of complete and consolidated information to the citizens at one point and not to make them run from pillar to post to get information from multiple officers with in a public authority. The practice of transferring the application to various other officials and asking them to directly send the information to the applicant would result in applicants receiving bits and pieces of information and such fragmented piece of information might be of no relevance to the applicant. Besides the responsibility of providing the information and the consequent penal action has been fixed on the officer whose help has been sought. This responsibility cannot be transferred as per the provisions of the Act.

[vinaykala]

Thanks sir,

then i conclude that under sec 6(3) the pio to whom app is addressed is to collect infor from other offices and provide.thanks.

Sir transfer of app to another office of mcd is not transfer from one public authority to another.and does not come under those rules.

Public authority would mean from one organisation to other.

Vinay kala

[karira]

Sec 6(3) DOES NOT become applicable within the same Public Authority.
It is ONLY APPLICABLE when the RTI application is transferred from one PA to another.