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


    The RTI Act provides for transfer of information u/s 6(3) if the information is/are held by other PIO/PIOs. I asked 15 infromations from the Ministry of Finance. Out of these 15 informations, 12 informations are to be answered by other ministries.Whether the Ministry of Finance is leagally liable to transfer the 12 informations to other PIOs u/s 6(3) of the RTI Act. The inance Ministry refused to act as persec 6(3) of RTI Act saying that they can not do the Postman work of others.What is the position with regard to this aspect.



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


    They are misinformed.
    They not only have to transfer your application within 5 days but have to inform you in writing about the transfer of your application !

    <table style="line-height: 2;" border="0" cellpadding="0" cellspacing="0"><tbody><tr style="vertical-align: baseline;"><td style="width: 15px;">3.</td><td>Where an application is made to a public authority requesting for an information,—</td></tr></tbody></table><table style="line-height: 2;" border="0" cellpadding="0" cellspacing="0"><tbody><tr style="vertical-align: baseline;"><td style="width: 15px;">i.</td><td>which is held by another public authority; or</td></tr></tbody></table>
    <table style="line-height: 2;" border="0" cellpadding="0" cellspacing="0"><tbody><tr style="vertical-align: baseline;"><td style="width: 15px;">ii.</td><td>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: </td></tr></tbody></table>
    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.

    The above is absolutely clear. Why are they having any doubts ? Finance Ministry babus should be very apt at understanding the above, after all they draft some of the most complex circulars which normal citizens can never understand.

    If the PIO has informed you in writing, please go for 1st appeal.
    If the PIO has informed you verbally , ask him to give it in writing.

    Once you have it in writing, go for first appeal.

    You can refer to several decisions by CIC in this matter:

    https://www.cic.gov.in/CIC-Orders/Dec...12072006_2.pdf
    (PIO in Rashtrapati Bhawan transfering application to Min of Petr.)

    https://www.cic.gov.in/CIC-Orders/Dec...15092006_5.pdf

    https://cic.gov.in/CIC-Orders/Decision_22012007_2.pdf

    https://www.cic.gov.in/CIC-Orders/Dec...26072006_2.pdf
    (PIO being penalised because although he did transfer the application under Section 6,3 but did not inform the applicant about the transfer.)

    https://cic.gov.in/CIC-Orders/Decision_28022007_08.pdf

    CENTRAL INFORMATION COMMISSION

    https://cic.gov.in/CIC-Orders/CIC_Order_Dtd_25022006.pdf
    (DDA arguing that they have transferred the application under Section 6(3))

    There are atleast a hundred more decisions.

  3. #3

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


    Thank you Sir.

  4. #4

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



    Mr. Kaira ,
    Plz refer https://www.rtiindia.org/forum/11706-...l-feature.html . Just dont give violent reply, but also consider other aspect.

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


    Jeetsinghmann, Karira will provide you the reply. But please take due note that we do not encourage posts directly/indirectly provoking other members.
    Defeat is not final when you fall down. It is final when you refuse to get up.

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


    Quote Originally Posted by jeetsinghmann View Post
    Mr. Kaira ,
    Plz refer https://www.rtiindia.org/forum/11706-...l-feature.html . Just dont give violent reply, but also consider other aspect.
    Have been accused of many things - but first time being accused of violence in my replies !

    In the thread you refer to (https://www.rtiindia.org/forum/11706-...l-feature.html) the poster has clearly asked whether he can send one application asking for information which he very well knows is lying with other PA's and has to be supplied by other PIO's.

    In this thread,the poster asked for information not knowing where is it lying and it was the Ministry which informed him that they will not act like postman.

    That is precisely the reason why I did not reply in the other thread (since it was adequately replied to by other members) and also did not give a cross reference to this thread.
    Twitter: @cjkarira

  7. #7

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


    One SAPIO of Co op Department, West Bengal transferred one RTI application to the concerned SPIO of another Public Authority , 55 days after receiving the same, that too after submission of 1st appeal to the FAA. Three letters have come up in two local news papers. Two complaints were submitted to the SIC, in August & Sept. 2008-- but no response received from the SIC. Information was furnished after a period of seven months . When asked about the status of one complaint , it was informed that there was no binding of replying all queries/ complaints on the part of SIC. WHAT IS TO BE DONE ?

  8. #8

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


    Quote Originally Posted by karira View Post
    Have been accused of many things - but first time being accused of violence in my replies !

    In the thread you refer to (https://www.rtiindia.org/forum/11706-...l-feature.html) the poster has clearly asked whether he can send one application asking for information which he very well knows is lying with other PA's and has to be supplied by other PIO's.

    In this thread,the poster asked for information not knowing where is it lying and it was the Ministry which informed him that they will not act like postman.

    That is precisely the reason why I did not reply in the other thread (since it was adequately replied to by other members) and also did not give a cross reference to this thread.

    I just want to say that RTI act is for the benefit of common man initiated by Govt. We should ask always relevent question and the relevent deptt. , here what I feel in this thread, the poster , if want any information from say Ministries of Education , but just sent all his query to Ministry of Finance as one of his query relates to Ministry of Finance , but send all his query directly to ministry of finance and want them to send his query to relevent deptt. as then only you can get such absurd reply of that of postman. (Though I might be wrong in understanding). But we should think that the main reason for so many pending cases in CIC is that , people just ask for sake of asking and not for genuine reason and dont understand that this only affect those who genuinely need information. Also refer https://www.rtiindia.org/forum/241-ce...ation-act.html and https://www.rtiindia.org/forum/317-fr...ects-them.html .

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