Question: Is pio & first appellate authority is same in a public authority ?

[digitalit]

IN ONE OF MY RTI APPLICATION FILED IN GOVERNMENT DEPARTMENT
THE PIO & APPELLATE AUTHORITY BOTH ARE DENIED INFORMATION .
BUT THE LETTER REPLIED BY PIO & APPELLATE AUTHORITY HAVING THE SAME SIGNATURE.

IS PIO & FIRST APPELLATE AUTHORITY IS SAME IN A ONE PUBLIC AUTHORITY ?

HOW TO PROCEED WITH THIS CASE.

[sandeepbaheti]

Go for second appeal and raise this matter. Please see this thread: PIO doubling as AA!

[dhanabalan]

PIO and FAA cannot be the same. If a PIO gives a false reply, the FAA can correct the reply. If both are same person, he will continue to give false reply only. FAA must be one step above ion rank to PIO .
Dhanabalan

[anusinha]

It is possible that the PIO and FAA is one and same in a department. When you file an application for a relevant information its a kind of appeal itself. To proeed further in your effort you can go to the next higher authority after making proper enquiry. There are rules regarding this and the same is available readily.

[karira]

Originally Posted by anusinha

It is possible that the PIO and FAA is one and same in a department. When you file an application for a relevant information its a kind of appeal itself. To proeed further in your effort you can go to the next higher authority after making proper enquiry. There are rules regarding this and the same is available readily.

Can you please elaborate further on this ?

[anusinha]

Originally Posted by karira

Can you please elaborate further on this ?

I said that Its possible that in a given organization PIO and FAA is held by the same person. For instance, it may be that due to HR constraints same person is performing both the functions, which is wrong and absurd in principle! But its Indian Trademark!

Furthermore, it does not matter if same person is sitting at both the places. What matters is the official record that I have reached the FAA due to non-performance of PIO . In administrative and legal procedures, the records, due process and the designation or authority held is vital and not the name of the person who is holding the authority.

If suppose I have filed an appeal before FAA against a PIO that the said authority is not performing its such duty honestly and I found that the same person who is PIO is also the appeallate authority, and that the FAA is also reluctant to discharge his duty I can proceed further as per the RTI rules and the records of my applications to the PIO and the FAA will be considered as two distinct records when required.

[nk agarwal]

It can be an individuals perception that PIO and FAA can be same person due to manpower constraints.
The RTI Act-2005, section 19(1) says that the first appeal would lie with an officer senior to PIO , so there is no question of PIO and FAA being the same person.
Further the same person cannot be a judge of himself/herself, hence PIO and FAA cannot be the same person..

[nk agarwal]

Dear Mr Sinha,
The organisations or PAs cannot ignore and byepass the RTI Act-2005 and ask a person to discharge the functions of PIO and FAA for what ever constraints (including HR).

[anusinha]

Dear Mr. Agarwal,
I am greatful that you took pain to clear any confusion in anyone's mind. Thanks for your well informed post.
With regards.

[Atul Patankar]

Please see the relevent decision by CIC at http://cic.gov.in/CIC-Orders/AT-16102008-01.pdf clarifying that the PIO can not act as FAA