DoPT circular re clarification of Sec 5(4) and Sec 5(5)

[karira]

DoPT has issued a circular No. 1/14/2008-IR dated 28 July 2008 clarifying that PIO's cannot "designate" other officers as PIO's using Sec 5(4) and 5(5).
It is the duty of the PIO to obtain information from other officers and provide to the applicant.

The RTI Act enables the PIO to seek assistance of other officers (deemed PIO's) to enable him to provide information to the information seeker BUT does not give him authority to designate these "other" officers as PIO's.

Circular copy is attached to this post.

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[dhanabalan]

Sponsorer

whether the PIO can direct the deemed PIO under section 5(4) to give information to the applicant directly? Or the PIO should get the information from deemed PIO and sent to the applicant by PIO himself?

[karira]

whether the PIO can direct the deemed PIO under section 5(4) to give information to the applicant directly? Or the PIO should get the information from deemed PIO and sent to the applicant by PIO himself?

As per various orders/decisions of the CIC and some SIC's the second course of action is in line with the RTI Act.

However, if the "deemed PIO" does reply under his own signature and normal designation and if the applicant is satisfied with the information provided, there is no point in taking the matter up further to First Appeal solely for this reason.

[jps50]

If information pertains to single PA, the PIO to whom RTI application is addressed should supply the info sought, by collecting from other sources in the same PA. Deemed PIO will come into picture only when fixing penalty by IC

[Sunil_Gupta]

If information pertains to single PA, the PIO to whom RTI application is addressed should supply the info sought, by collecting from other sources in the same PA. Deemed PIO will come into picture only when fixing penalty by IC

Mr. Shah,

May I request you to give more details in respect of your above view, as in how more clarity can be recived in this regard.

pls refer to 2 threads in the forum opened by me in this regard as under:-

51295-status-officials-sub-ordinate-officials-public-authority

40566-purpose-sec-6-3-right-information-act-2005

Your views & suggestions alongwith pertaining orders or citations in this respect shall be higly appreciated.

Thanks & Regards.

Sunil Gupta