It is surprising to see that some States have not designated PIOs and AA etc for the Offices of the Chief Minister. Therefore, it gets difficult to obtain information from these offices. Moreover, it seems the violation of the provisions of the
RTI Act. Since, I intend to file complaints with the respective Information Commissions in this regard, therefore, I want to discuss the issue on this esteemed forum as to whether the Offices of the Chief Ministers and other ministers are Public Authorities under the Act. The reason for non-designating the PIOs etc. in these offices seems to be that in the Rules of business of the States, the o/o C.M. and Minister's offices are not Administrative Departments. No specific work has been alloted to these offices in "Rule of business". However, to me this doesnot seem to be the correct interpretation of Law. The Public Authority is not designated on the basis of the work it is doing. S2(h) of Act provides that any authority or body or institution constituted under the Constitution or bv notification or order issued by the State Government is public authority. Secondly, the organisations funded directely or indirectly by the Government are also PA. Since the salary etc. of the employees posted in the these offices are drawn from the public exchequre, therefore, these offices are P.A. Thirdly, directions are also issued to all departments from these offices, therefore, it cannot be said that these offices do not carry out any work under the rules of business.
Expert opinions of the members are solicited please.