Can Information Officer direct to approach other authority

[vikrambakshi67]

Sir

the information i seek is of organzation matters of first organzation A and not of issues of next organzation B.

it is just that PA has shifted from A to B.

pio of org A will seek INFO from Org B by sec 5 or sec 6 of issues of Public Auth when he was in org A.

THAT IS THE CONFUSION SEC 5 OR SEC 6

[sandeepbaheti]

Do you mean the PIO has been shifted from A to B? In that case he will not carry along your application to his new organization. It is the officer holding the position of PIO which is responsible for providing information . Your application will remain with organization A. The new PIO of organization A will have to provide information . Time limit for providing information remains 30 days from the date on which the original PIO received your application. As such, there is no question of any transfer.
I hope I have correctly understood your query. Feel free to revert if you have further doubt.

[vikrambakshi67]

Sir

Sorry for confusing you.

It is the public auth that has shifted from organzation A to organzation B.

the information i seek is of public authority issues when he was in org A

I applied for PIO of org A.

The PIO of Org A is saying there are no records held in org A of any decsion making of issues which i had sought of Public Auth when he was in Org A.

Now my query is how to force PIO of Org A to get information from Public Auth as he has now gone in Org B.

PIO of org B will deal with issues of org B.

SO what PIO of Org A does to seek information from public auth who is now of Org B . The information is concerning when that public auth was in org A couple of years back


Thanks

[sandeepbaheti]

You cannot force PIO of one PA to give information about another PA. Since the transfer has created a complex situation, it makes sense to file a fresh RTI application to the correct PIO rather than worrying about getting the earlier one transferred.

[vikrambakshi67]

sir you mean to say that i should lodge RTI to new PIO where PA has gone on transfer.

[karira]

Vikram,

Your posts a very confusing !
Please clarify what do you mean by PA ?
Is it "Public Authority" ?
How can a "Public Authority" or "information" be transferred ?

I mentioned in reply to your post in some other thread:

PIO or any other officer and staff can get transferred. The Public Authority remains.

You have to ask for information to the PIO of the Public Authority which is the custodian of the information you are seeking. From the point of RTI , it is immaterial whether anyone has been transferred are not. Just ask your self "which PA has the information ?" and you will have the answer.

[vikrambakshi67]

Sir

i mean the officer has been posted out from public auth appointment of organzation A to become public auth of organzation B.

I applied to PIO of org A to seek information OF CERTAIN ISSUES when the officer was as Public aUTH IN Org A. The PIO is saying he does not hold offical recorsd of decesion making of the officer when he was in Org A as PA. Now since he has gone to Org B,i should bother PIO of Org B.

I am asking PIO of org A to use section 5 and ask the information concerning issues of past of org A FROM THAT OFFICER who is in Org B.

Should PIO of Org A use Sec 5 or 6 from Ex Offical to trace missing files. That officer just cannot walk away unaccounted just because he is in transfer to Org B.

[karira]

It is immaterial who is the PIO , whether is his transferred from PA A to PA B, and where is he now.

The main question you have to ask yourself is "where is the information " lying. The PIO cannot carry the information from PA A to PA B when he moved there.

When the PIO told you that he does not hold official records, did he reply to you in writing or verbally, Verbal replies have no meaning under RTI . The PIO does not hold all records. They might be lying anywhere in the organisation and he has to seek them from other officers and give the information to you.

Sec 5 applies only if it is within the same organisation and there is no case made for a Transfer of application.

If the organisation is different then the recipient PIO should himself transfer the application to the PIO whose PA holds the information under Sec 6 (3). This transfer has to be made within 5 days of receiving your application and under intimation to you.

[vikrambakshi67]

Fine i am sending another RTI to original PIO where the officers were posted earlier who failed to process my case timely, the PIO is saying there are no record of my letters and also decsion making documents Ex offical have either retired or gone on posting to org B. .the questions are like this.Please correct me if i am ok


(a) Please provide me copy of Ex Offical remarks justifying reasons for not processing my application if they had any objections

or

(b) Please forwards me copy of processing my official application by them to next HQ for recommendation if they had no intention of blocking my interview with concerend seniors

(c) Please provide me dissenting and concurring documents/noting sheets of Ex offical to be accompanied with my applications

(d) Please provide me correspondence wrt quasi decisions on my applications forwarded officially by me. ( the proof i have already given)

Every Government Action and Public Auth decision is based upon law/rules/act and set procedures. Please provide me the certified copies of the guidelines/rules/procedures, the "convention" or "normal practice" followed by Org A in processing an officer application and complaints by seniors in the hieracrhy

I also want information if Ex offical have not done their duties

(a) Please now provide me copy of seeking reasons from Ex offical if they are denying of these applications being perused by them.

(b) If reply is received from them, please provide copy of that reply to me.


(c) Please provide me rules and procedure of how HQ 'A' should assess any arbitrariness in the process or voilations of its HQ established norms by its present or Ex official.


(I) How are violations of established processes dealt in HQ 'A' ?

(II) How are violations in HQ 'A' reported to higher HQ

(iii) How is HQ 'A ' taking action against an Ex offical in violation of organization process

(iv) If any action has been taken against the Ex officers for violating the rules or regulations as now reported by me , please inform me the details of the action taken, if any inquiry held, outcome of the inquiry and the final action taken on the officer

(v) If no accountablity of Ex offical is there, please specify reasons.

(vi) Does the record contain the views / opinions of any officer/authority on such voilations and what does the record says how such officer be dealt with



,

[karira]

Vikram,

Please redraft your RTI application - most of the queries will be denied as "not information " or under Sec 8 or 9.

Please refer to the online RTI act at act.rtiindia.info