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Thread: Ministry refused to act as persec 6(3) of RTI Act saying that they can not do the Postman work of others.

  1. re: Ministry refused to act as persec 6(3) of RTI Act saying that they can not do the Postman work of others.

    (ii) the subject matter of which is more closely connected with the functions of another public
    , 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: Provided that the transfer of an application pursuant to this
    sub- section shall be made as soon as practicable but in no case later than five days from the date
    of receipt of the application.

    Complaint No.ICPB/C1/CIC/2006
    March 6, 2006
    Shri P. Rajan VS. Ministry of Company Affairs
    Before I deal with the appeal, it is necessary to clarify certain aspects of the provisions of the RTI Act, in view of the stand taken by the Ministry of Company Affairs that each CPIO is a separate public authority and information within his jurisdiction has to be obtained only from him by an applicant. Even though, in terms of Section 5(1) & (2) of RTI Act, a public authority could designate as many CPIOs/ACPIOs, the Act does not confer any specific jurisdiction in respect of each such officer either in terms of geographical or subject wise or the like. The Act also does not prescribe that each CPIO is a separate public authority by himself. He is only a part of the public authority which has designated him as such. The object of designation of many CPIOs/ACPIOs is only with the view that the citizens have a proximity of approach. Once a citizen applies to a CPIO of a public authority, irrespective of where and with whom the information is available within the same public authority, it is the duty of that CPIO to furnish the information sough for in relation to that public authority, if necessary by obtaining the same from the concerned CPIO with whom the information sought may be available. There is no scope to either ask the citizen to approach another CPIO within the same public authority or send the request for information to another CIPO with in the same public authority. Only in a case, where the information sought is held by another public authority, other than the one which has designated him as CPIO, he can transfer the request to that public authority for furnishing information to the applicant direct (Section 6(3))

  2. re: Ministry refused to act as persec 6(3) of RTI Act saying that they can not do the Postman work of others.

    Whenever, members want to reply to a post, they should verify whether it was more than adequately replied in the same post by other members, and post only the latest decision for use of other members.

    I still have doubts as I could not find CIC decision on issue of 'information from multiple PIOS"that belongs to several PIO wherein information of each dept.,/jursdictional (states/districts0 has to be collected. whether applicant has to file so many applications to each PIO or the PIO who received application himself has to send the same to other PIOs, and get information consolidated or direct PIO to approach each PIO separately.

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