PIO doubling as AA!

[Atul Patankar]

I had filed an application under RTI with Nashik municipal Corporation. As a routine, I added to my query an additional question asking designation and address of Appellete Authority. The PIO (Chief Accounts officer) replied that she herself was having additional Charge as Appellete Authority as well !. I objected to this at appeal proceeding, and insisted upon my attendance and objection being noted. I was orally told that fresh appeal date will be set. Now the 30 day period for appeal hearing is over. Please guide me as to what I shall do next, while submitting complaint/ appeal with SIC.

[taurus]

Sponsorer

Normally the chief of the PA is nominated as the AA. Therefore, if he goes on leave or a vacancy of that post is caused otherwise, it becomes difficult to name an alternate AA. The other routine duties of the Officer may be performed by some other officer - on this case it appears to be the PIO. The concerned Govt should cater to such eventualities and nominate a proper alternate PIO also who will be senior to the PIO. Since no such nomination has been made in this case you can go on second appeal to SIC.

[karira]

Atul,

The PIO can never hold additional charge as FAA.

Did you ever get a First Appeal order ?

Just wait for another 20 or 25 days (because the FAA technically has 30 + 15 days) and send a reminder to the FAA. Do not bother as to who is the FAA. If there is no reply, the only option is to file Second Appeal before the SIC/CIC. Please mention this fact of dual charge in the Second Appeal and take it up very strongly.

The PA is supposed to designate a alternate FAA if the FAA is transferred or is on leave. As per Sec 19(1), the FAA must be a Officer "higher" than the PIO. Therefore, since the PIO can never be a "higher officer" than himself, he cannot officiate as a FAA.

Moved thread from New Member Introduction

[colnrkurup]

It is not the applicant who decide to accept or not the FAA appointed by the PA.. Often there could be cituation where the PIO has to perform the duties of the FAA also. On such occassions the PIO has to sign the order as AA. Irrespective of who is performing the duties of AA, a formal first appeal has tobe made. For example, I had come across a Taluk Office where the Additional Tahsildar is the PIO and the Tahsildar is FAA. In the absence of Tahsildar, the Additional Tahsildar hold the charge of Tahsildar. I had a case where the Additional Tahsildar had furnished information malafidely. I had made the first appeal to the Tahsildar fully knowing that the Additional Tahsildar is holding charge. The Additional Tahsildar has dispossed of my first appeal as FAA specifically ordering that "I have nothing more to add to what the PIO has replied"
. I went for the second appeal.

[Atul Patankar]

Thanks for such quick and to-the point reply. I wil go into second appeal, and keep you posted about devlopments