12 Hours Ago
Don't complicate the issues. It is so simple. You have filed RTI Application to the PIO, who did not respond your application within 30 days but after filing FA, PIO transferred your application to another PIO u/s 6(3) after 30 days.
Post no.4 above clearly stipulates the line of action required.
Since there is a further development after filing FA, if you want to bring it to the notice of FAA, you may file Addendum stating the changed situation and add such prayers as may be necessary, since the PIO failed to transfer the application within 5 days to the other PIO. Previous PIO is not the custodian of information and his only lapse is delay in transfer. FAA may or may not call you for hearing. As per the legal position now emerged, the FAA may intimate the appellant about the date of hearing, but it is not mandatory for the Appellant to appear for hearing.
In this case, it may not be necessary that FAA may be same. It is possible that after transfer of application to different PIO, the FAA may be different also. In that case, you need to file fresh appeal, 30 days after receipt of RTI Application by the new transferee PIO or within 30 days after receipt of new PIO's reply, whichever is earlier.
3. Can we file written argument before the FAA at the time of hearing and disclose the facts in that written argument.
In case you attend for FAA hearing, you can definitely file written notes of arguments. Unless you know the defence point of PIO before the FAA, it would be difficult to frame written notes of arguments. The appeal u/s 19(1) shall be limited for the purpose of RTI Application and supply of information. Other issues or grievances shall not be considered and adjudicated in FA.
It was your duty to keep a copy of application and appeal or any such submissions made by you, for your record. You may request for a copy on payment of document charges.
The FAA is required to dispose off the FA within 30 or max 45 days. So the hearing must be done within this 45 days.
As per section 19(5), in any appeal proceedings, the onus to prove that a denial of a request was justified shall be on the Central Public Information Officer or State Public Information Officer, as the case may be, who denied the request.
Please remember, that the definition of information, as it occurs in Section 2(f), lays down scope of the type of information an applicant can seek. The underlying idea is clearly that the Applicant’s entitlement for information is only in respect of the categories of information mentioned in Section 2(f) read with Sec.2(i) and (j). It is not open to an applicant to ask, in the guise of seeking information, queries to public authorities about the nature and quality of their actions. The RTI Act also does not cast on public authority any obligation to answer queries. Applicant’s right extends only to seek information as defined in Section 2 (f) & (j) either by pinpointing the file, document, paper, record or sample etc, or by mentioning the type of information as may be available with the specified public authority. RTI Act is also not a tool to settle Service Grievances. These are to be decided on merit by appropriate authority of each Public Authority.
If you have not pinpointed the documents, but only raised queries eliciting answers from the PIO, he may definitely say that the information is not available with him in material form.