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Can a Assistant PIO send back the RTI request letter to information seeker
This is a discussion on Can a Assistant PIO send back the RTI request letter to information seeker within the Ask for RTI Query forums, part of the RTI Community Support category; When I sent a letter to Highways RTI PIO, he/she had sent back the request letter back to me in original along with a reply stating that I need to ...
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About LinkBacks- 03-25-2010, 02:00 PM #1
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Can a Assistant PIO send back the RTI request letter to information seeker
When I sent a letter to Highways RTI PIO, he/she had sent back the request letter back to me in original along with a reply stating that I need to contact the other department. As per my knowledge on this RTI Act 2005, they have to send the request letter by themselves to the appropriate office and they can mark a copy to me. Am I Correct ?
Whether I can appeal on this ?
Regards
Mohan
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- 03-25-2010, 02:38 PM #2
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Re: Can a Assistant PIO send back the RTI request letter to information seeker
Hello Mogan,Sponsorer
Welcome to RTI India Portal.
Yes, u r correct.The PIO should have transfered ur application to the concerned Pubilc Authourity under Sec 6(3) of the Act.If u feel that the PIO has intentionally returned ur application knowing the address of the correct PA where the information is actually held, than ur 1st appeal would be effective.
But in my opinion you go for a fresh RTI application to the correct PIO to get ur information quickly.
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MOHANPS (03-25-2010)
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Re: Can a Assistant PIO send back the RTI request letter to information seeker
Please file a first appeal stating that PIO has not complied to section 6(3) of the RTI Act. Retain the copy of the envelope and produce the same at the time of hearing.
Send the copy of first appeal to PIO too. I am sure he will wake up and take immediate action.
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MOHANPS (03-25-2010)
- 03-26-2010, 09:09 AM #4
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Re: Can a Assistant PIO send back the RTI request letter to information seeker
Also check the dates...
When did the PIO reply ?
Under Sec 6(3) he is supposed to transfer the RTI Application within 5 days of receiving it. Did he do that ? If not, mention it as a ground for first appeal.
By the way, Sec 6(3) is only applicable if the RTI application is transferred from one Public Authority (PA) to another.
It is not applicable if the other PIO is in the same public authority. In that case, it is the duty of the first (recipient) PIO to collect the information from the other PIO and provide to you or ask the other PIO to reply to you directly under his own signature.
Was the PA different in your case (since you mention the word "department").
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