deficient application, can the PIO reject it!

[mpai]

Originally Posted by trueblue

I think we cannot send the application to another PIO rather it should be sent to Post Office who have taken the responsibility to forward it to appropriate department.

Unless the application is of same department, the application will be rejected.

Of course Trueblue, you can send the application to any PIO whom you know. It is the duty of this PIO to forward your application to the appropriate PIO within 5 days (calander days, i.e. holidays count). Since you mentioned the Post Office, is it not to the APIO of the Post Office, that you are giving your application?

No PIO can reject your application, just on the grounds that the application submitted does not pertain to that Deptt. Say, you submit an application to the PIO , Home Deptt. asking for info from the PIO of Railways, the PIO of the Home Deptt has to forward yout application the Rail Bhavan within 5 days. They just cannot reject your application on the pain of being penalized under Section 20 .

I usually send majority of my application to the CPIO of the PMO, who are very fast in forwarding this application to the concerened PIO . And of course, that particular deptt would act faster as the application had reached them from the PMO.

Best wishes

[crusader]

Post Office has been chosen to act as nodal agency for whole of Central Government to forward the application to respective department, and hence the ACPIO of for all the Ministries:

With the coming into force in toto of the Right to Information Act, 2005 on 12th October, 2005, the Department of Posts has the responsibility to implement the Act in its own domain and also to assist other public authorities under the Central Government including Ministries, Departments, PSUs, Autonomous Bodies etc. in its implementation by acting as CAPIOs on their behalf. While its role in its implementation in the Department stems directly from the provisions of the Act, the latter role, and perhaps the more demanding one, arises out of a decision taken by the Prime Minister of India that the Department of Posts should provide its services to the whole of Central Government as a collection point for request for information under the Act by designating its CAPIOs as CAPIOs for the entire Central Government

You are right that the PMO office is forwarding the application to the right department, however, as Dr. Kushal had posted the News release from PMO Office, that PMO had requested not to send the application directly to PMO or President which is meant for another department.

It stated that, you should send the application to respective department and to proper channel. Though I too cannot find the link: May be Dr. Kushal would come to rescue


When you say:

that particular deptt would act faster as the application had reached them from the PMO.

does it mean the department gives the answer faster than what they would have otherwise done? That is an interesting thing....

But personally I feel that is the wrong way to send the application to PMO CPIO , but I am not sure of the act and provision: may be there a provision that in case of suspected reply or not able to find the correct CPIO you must send it to PMO?

[mpai]

Originally Posted by crusader

You are right that the PMO office is forwarding the application to the right department, however, as Dr. Kushal had posted the News release from PMO Office, that PMO had requested not to send the application directly to PMO or President which is meant for another department.

But personally I feel that is the wrong way to send the application to PMO CPIO , but I am not sure of the act and provision: may be there a provision that in case of suspected reply or not able to find the correct CPIO you must send it to PMO?

Unless the RTI Act itself is modified and ammended, under no circumstances, can the CPIO of the PMO stop any applicant from sending an RTI Application meant for another Deptt. to the PMO. As the PMO is the most important office and files pertaining to all Ministries and Deptts. are sent there. As such, the PMO has an updated list of all Public Authorities and their respective PIOs. So its perfectly all right to send your RTI Application to that office.

I have myself filed several dozen applications with the CPIO of the PMO and not once have they asked me to contact another deptt directly.

Maybe you might like to check out this decision concerning the CPIO of the PMO, recently decided by the CIC.

http://cic.gov.in/CIC-Orders/Decision_08012007_1.pdf

Same way, you can send in your application to the PIO of any Deptt. This is what the Act is about. The flexible clauses have been included, to facilitate the poor folks living in rural areas, where there are hardly 2-3 Govt. Deptts. and enable them to file their RTI Application at these same Deptts, who in turn will transfer the same to the concerned Deptt.

This is what democracy is about.

Best wishes

[mpai]

Originally Posted by crusader

When you say:does it mean the department gives the answer faster than what they would have otherwise done? That is an interesting thing....

Yes, they do respond faster, when they receive your application in an envelop from the PMO. There are several reasons. They have to inform the PMO when they provide you with the info. Later when they prepare their quarterly schedules on RTI Applications etc. for submission to the CIC, it will show all the details on the number of applications received from the PMO etc. Later when the higher offices scrutinize this, it can reflectly badly on the PMO, if these queries go an answered etc. I guess, I dont have to go into details.

Whatever, I did notice, that the CPIOs jump from their seat, when they receive application from the PMO.

Try it and see it for yourself.

Enjoy ;-)

[mpai]

Originally Posted by crusader

does it mean the department gives the answer faster than what they would have otherwise done?

Another positive note is, your Post Man! Either the Speed Post guy or the regular one. Once you start receiving covers, containing letters transfering your applications, from the PMO, these poor blokes will also start jumping.

They will be extra fast in delivering the mail to you and also take extra care that these flimsly brown cover dont tear or get wet. My neighbours complain that both these blokes the Speed Guy and the regular post man, deliver my letters first before they start with the rest. Earlier the Speed Post man used to come around 5 pm. Now he always comes before lunch time.

Any comments?

[maneesh]

Is there any order in this regard that post offices will forward the application to respective PIO .
Do they have details in this regard?

[aparna]

yes, it is an order that Postal department will act on behalf of all central government ministries.

With the coming into force in toto of the Right to Information Act, 2005 on 12th October, 2005, the Department of Posts has the responsibility to implement the Act in its own domain and also to assist other public authorities under the Central Government including Ministries, Departments, PSUs, Autonomous Bodies etc. in its implementation by acting as CAPIOs on their behalf. While its role in its implementation in the Department stems directly from the provisions of the Act, the latter role, and perhaps the more demanding one, arises out of a decision taken by the Prime Minister of India that the Department of Posts should provide its services to the whole of Central Government as a collection point for request for information under the Act by designating its CAPIOs as CAPIOs for the entire Central Government

CONTENTS

[maneesh]

Thank you Aparna,
I guess Kushal is doing a good job on behalf of his department

[hkdubey]

As per my knowledge a PIO should extend all resonable assistance to the citizen to get the Information Sectio 6 of RTI act and information can be denied only due to reasons mentioned in section 8 and 9 of the act.
If a querry is rejected for any other reason I think it tantamounts to denial of information and can be appealed for a disciplinary action against the CPIO and fine can be imposed at Rs250/- per day.

[vijendra singh]

I learnt from experience &CIC decisions thatPIO's rejection is valid if RTI application does not indicate exactly what information is to be supplied.To verify , pl read the CIC's various decisions.