deficient application, can the PIO reject it!

[anu]

If I submit an application for information, but is deficient in asking or incomplete, should the information Officer call for better particulars or can he straight way reject the application?

[kushal]

Since the information Officer is expected to help the applicant in making the application, he should call for better particulars and shall not reject the application. If he rejects the application he is deemed to have rendered service which is deficient.

[anu]

Thanks Kushal

[crusader]

This is really important as many of our's applications are rejected because of this. I wonder if this is known to PIO's?

[ganpat1956]

A very valid doubt indeed. I think we have a twin-task before us in the matter of RTI. We have to educate the general public about their rights and also the officials about their duties and responsibilities.

[kushal]

Yes, indeed. Once we are confidant of our support and community support and also are through with final release of RTI India many of the Officers are going to join us. Many of the Officer's approach me outside the purview of this portal and I had not insisted them to get the answer here as of now.
Hopefully, this thread at that time would work as a reference point.

[maneesh]

Originally Posted by ganpat1956

A very valid doubt indeed. I think we have a twin-task before us in the matter of RTI. We have to educate the general public about their rights and also the officials about their duties and responsibilities.

Along with that we should also try to alleviate the fear from the minds of the officials as many times the infomration is denied in such cases when question is not right as they think this may leads to more problems if they give correct information.

The environemnt of fear will always force officials to resort to such methods when the application is deficient.

[mpai]

Originally Posted by crusader

This is really important as many of our's applications are rejected because of this. I wonder if this is known to PIO's?

You have not mentioned, on what grounds the PIO has rejected your applications. There are very few grounds for the PIO to reject any RTI Application, made in good faith. He is supposed to act diligently while dealing with any such application.

If the ground are vague or he did it on purpose, you can lodge a complain with the CIC. The erring PIO can be penalized under Section 20. This would work, only if your complain to the CIC is drafted well and to the point.

However, I would recommend that it would be better to phrase out our queries in the original application properly. Submit the application any good PIO in a particular Deptt whom we know, with a request to forward this application to the PIO of the concerned Deptt. from whom we need the information. A lot of problems can be solved at this level.

Manoj Pai
Ahmedabad

[trueblue]

Originally Posted by mpai

Submit the application any good PIO in a particular Deptt whom we know, with a request to forward this application to the PIO of the concerned Deptt. from whom we need the information.

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.

[babloo]

Anu why would anyone knowingly want to to apply to the information officer in a deficient manner?

[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