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deemed PIO

This is a discussion on deemed PIO within the RTI General Discussions forums, part of the RTI Community Lounge category; An application for information was sent to a CPIO. The CPIO, in turn, asked for some details from a subordinate formation in this regard. The PIO of the subordinate formation ...


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  #1  
Old 03-09-2008, 06:51 PM
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deemed PIO

An application for information was sent to a CPIO. The CPIO, in turn, asked for some details from a subordinate formation in this regard. The PIO of the subordinate formation furnished these details to the CPIO. The CPIO, while furnishing the info to the seeker of info, enclosed a copy of the PIO's communication to the CPIO, to explain the position.
The info seeker made an appeal to the AA of the PIO alleging that the info provided by the PIO is incomplete etc.

Should this be considered as an appeal by the AA? Since the PIO did not furnish any info to the info seeker directly, where is the question of the info seeker appealing to the AA of the PIO? If at all he was aggrieved he should have made the appeal to the AA of the CPIO.

Can this 'appeal' be treated as an application for info by the PIO and dealt with instead of treating it as appeal?
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Old 03-09-2008, 07:23 PM
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Re: deemed PIO

In this case the PIO of the subordinate formation clearly becomes a "deemed" PIO under Section 5(4) and 5(5).
The First Appeal should be to the AA of the CPIO because that is where the application was first given. There is no need for the new AA to get involved since there is no transfer to another PA under Sec 6 (3). It is the same PA.
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