PIO did not write about FAA

[Shaheen]

I sent an RTI application to a PIO. He replied but did not write the name and address of FAA. Is it optional by the PIO to write the details of FAA? Pls clarify.

[Dr. M. Faiyazuddin]

It is mandatory by the PIO to write the name and address of the FAA. Now you get the details of FAA from any other source and complain against that PIO.

[Atul Patankar]

Most PIOs ignore this point. I have made an habbit of asking FAA details as a query in my original application itself.

In your case, if you have received the information you asked for, you can ignore this issue. If the information is rejected, and you plan to make first appeal, just address it to 'First Appellate Authority under the RTI Act'. It becomes the authorities headache to find the correct one. In reasons for appeal, mention sepcifically that PIO ignored provisions of section 7(8):

8. Where a request has been rejected under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall communicate to the person making the request,—
i) the reasons for such rejection;
ii) the period within which an appeal against such rejection may be preferred; and
iii) the particulars of the appellate authority.

[DineshK]

Under section 7(8) of RTI Act the details of FAA has to be provided by PIO only if the information has been rejected under section 7(1) of the RTI Act.

In case your application has been replied by PIO, he has no obligation to provide the name of FAA.

[Dr. M. Faiyazuddin]

Suppose the PIO considers his reply proper and does not give the name and address of FAA but the applicant is not satisfied by th reply. What will happen then? It is the applicant who will decide whether he needs the address of FAA or not.

[karira]

This is one of the points which are not very clear in the RTI Act.

As Atul has suggested, please add this as the last item of information being sought in your RTI application:

X) Name, Designation, Address, Telephone Number, Mobile Number and email id, of the First Appellate Authority, to whom a First Appeal shall lie under Sec 19(1) of the RTI Act 2005, if I am aggrieved by the order of the PIO in reply to this RTI application.

This not only binds the PIO to give you the information in the reply without fail, but also indicates to him that you are ready to file a First Appeal in case you are aggrieved by his reply.