Need Help: DPC proposals to UPSC

[nk agarwal]

I have requested for info from UPSC on copies of proposals for DPC for particular years as received from my department. I may add here that UPSC is involved in the DPC procedure and has to accept the proposals before DPC can be conducted. The DPC is chaired by Chairman or member of the UPSC. This is not a third party info nor it is confidential.
The CPIO (refused) informed that the proposals emanated from your department so ask for this info from your own departemnt.
In this kind of situation what are the options available to me
nk agarwal

[jiwateshwar]

If the requested information is available with the CPIO's department, then there can be no grounds for denial of information other than those specified in ss8 and ss9. The reason given by the CPIO in this case is not a valid one under RTI Act. It would be advisable that you shoot a letter to the CPIO challenging his decision. Ask him to as to under which clauses or sub-sections of ss 8 and 9 has he chosen to decline the request for information. Tell him that you were not able to find any thing in the RTI Act which would support his decision. Further tell him that if he so thinks that the information has to be divulged by another organization, then he is required to forward your application to the other CPIO (of the other PA) under provisions of ss6(3) of RTI Act.

Further instruct him that the application was received by him on X date and thus the information becomes due on y (x+35) date under provisions of ss7(1) which is further subject to proviso of ss.6(3) and ss.5(2). Since ss5(2) is not applicable here thus he can only be allowed max of 35 days to deliver the information. The act states that the first CPIO must forward the application within 5 days of receiving it, failing which he would be directly liable for the delay. tell him that he may forward the application if he so desires but you do not intend to wait any longer than 35 days and upon not receiving the information within the time frame, you intend to file a direct complaint under ss18 of the RTI act to the CIC against the CPIO for having malafidely rejected your application without any grounds (as those specified in RTI Act 2005) for doing so. Tell him that
.....1> if he desires he may furnish the requested information within the time frame as the information is directly or readily available with his PA
.....2> forward the application under ss6(3) while making sure that the other CPIO delivers the information within the time frame in which he himself was required to provide it.
.....3> he may reply to this letter rejecting the application with appropriate grounds for rejection directly quoting the relevant section and their sub-section from the rti act and also provide the contact details of First Appellate Authority of his department.

Note for Aggarwal Saab: Do check as to if we can really ask him for forwarding the application under ss6(3) or not. Kindly go through the pdf at this link. CLICK HERE
Since I do not know the PA that the CPIO is asking you to contact, thus I could not decide as to if he is required to forward your application or not. Please go through the above pdf and decide accordingly.