Can Information Officer direct to approach other authority

[senthil]

Can the Information officer instead of furnishing information direct the applicant to appraoch some other authority insted of himself securing and supplying information from such authority?

[Dr. Pathak]

No. He should secure it himself and convey the information to the applicant.

[maneesh]

Dear Senthil,
The answer to your question is yes as well as no.

YES:
Information officer are apponited by Public Authority for dissemenation of Officer. RTI empowers a public authority for appointing more than one CPIOs. If a public authority has more than one CPIO then information asked from any one of the CPIO though not falling under his specific jurisdiction but under the same public authority has to be provided by collecting from the other CPIOs of the same public authority.

NO:
In case information is asked from a CPIO of a public authority about another public authority then public authority can transfer the application to anotoher public authority and inform the applicant.
Section 6 subsection 3 provides for the same:

(3) Where an application is made to a public authority requesting for an information,—
(i) which is held by another public authority; or
(ii) the subject matter of which is more closely connected with the functions of another public authority,

the public authority, to which such application is made, shall transfer the application or such part of it as may be appropriate to that other public authority and inform the applicant immediately about such transfer:

[sandeepbaheti]

Well Maneesh, the question raised is whether the PIO can direct the applicant to approach another authority. The answer is a straightforward no. Either he should collect the information himself and provide to the applicant or forward it to appropriate PIO but in no case can he direct the applicant to approach another authority.

[Mahadevan]

Section 6 subsection 3 provides for the same:

(3) Where an application is made to a public authority requesting for an information,—
(i) which is held by another public authority; or
(ii) the subject matter of which is more closely connected with the functions of another public authority,

the public authority, to which such application is made, shall transfer the application or such part of it as may be appropriate to that other public authority and inform the applicant immediately about such transfer:

In case such a transfer is made and the applicant is informed about it, is the first public authority duty bound to ensure that the second public authority (to whom the application is transferred) provides the information to the applicant? Or will the applicant be made to run from pillar to post to get the reply?

[advocate rajesh]

no a spio or cpio can not direct an applicant to collect the information as there is no provision in RTI act. In one of my case it has been recently held that it was the duty of the BDPO to collect the information from sarpanch and hand over the same to the applicant instead of directing the applicant to contact the sarpanch.

[jps50]

I invite kind attention to OM of DoPT dated 12-06-2008. It clarifies the whole issue of transfer.

[karira]

I invite kind attention to OM of DoPT dated 12-06-2008. It clarifies the whole issue of transfer.

The Circular referred to is available here:


http://www.rtiindia.org/forum/5962-d...lications.html

The Section "RTI Act & Circulars" also contains many other important and interesting circulars/guidelines/notifications related to RTI.

Members who are interested should regularly visit that section to keep themselves well informed about RTI.

[vikrambakshi67]

hI
My issue is I have addressed application to CPIO of a Public Auth of Organzation A about Ex Public Auth OF Organzation A who is public auth of organzation B

Should the CPIO ask information from org anzation B public auth under section 5 or since issues are of organzation A, we are talking here of organzation and not individuals so cpio of orgnaztaion B cannot transfer my application under section 6

Correct me if i am wrong

[sandeepbaheti]

Vikram, let's keep things simple. If the application does not relate to recepient PIO's PA, he has no option but to forward it to appropriate PIO. If he does not forward it for some reason then he is himself responsible for providing the information.