Question: RTI reply not signed as PIO/CPIO/FAA!

[mauryavip]

A Central PA seem to be RTI-illiterate.
Whenever a RTI query is sent to their PIO, it is replied by their Branch Head clearly having their official seal and designation.

and if a RTI appeal is sent, their reply comes with their Regional Head's signature and official designation/seal.

Are all those replies valid? which dont show the deptt respective PIO/CPIO/FAA posts and seals. Though, who have signed, might be the PA's PIO/CPIO/FAA

Is it not mandatory to use PIO/CPIO/FAA designations in RTI correspondence?

[rajub]

The RTI query must be answered by the PIO to whom the application was sent.

Sec 7(1) states

Subject to the proviso to sub-section (2) of section 5 or the proviso to sub-section (3) of section 6, the Central Public Information Officer or State Public Information Officer, as the case may be, on receipt of a request under section 6 shall, as expeditiously as possible, and in any case within thirty days of the receipt of the request, either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons specified in sections 8 and 9.......

Thus the Act is very clear that response must be from the PIO even though he may take help from other officer.

Similarly first appeal must be handled by the officer to whom the appeal was made.

Sec 19(6) states

An appeal under sub-section (1) or sub-section (2) shall be disposed of within thirty days of the receipt of the appeal or within such extended period not exceeding a total of forty-five days from the date of filing thereof, as the case may be, for reasons to be recorded in writing.

Here the Act does not say any officer can dispose off the appeal. Thus it must be the officer to whom the appeal is made must dispose it off.

If the applicant / appellant is satisfied with the reply the matter ends there. But if he is not satisfied he can appeal / complain to IC that application / appeal was not replied if he gets the reply from officer other than PIO / AA.

[taurus]

Strictly speaking only the PIO has to sign the info. But if the Head, who is superior to the PIO has signed it, does it really matter? As long as we get the info that we want, we should not bother much about the legal niceties. Since the seal of the office is there it must be as valid as the info furnished by the PIO.