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Thread: Duty Of A Govt. Officer On Receipt Of A Request For Information

  1. Duty Of A Govt. Officer On Receipt Of A Request For Information


    Public authorities are not too sure as to what they should do if they receive a request for information, particularly when they are not a CPIO or CAPIO.

    A. WHEN REQUEST RECEIVED FROM THE PUBLIC
    1. They should return back the request saying that they are not competent under the RTI Act,
    or, ]
    2. They should inform the correct CPIO/CAPIO detail where the request should go,
    or,
    3. They should forward the application to their immediate CPIO (of their organisation) under intimation to the applicant?

    B. WHEN REQUEST COMES FROM ANY CPIO FROM ANOTHER ORGANISATION
    (It is not clear as to whether any other CPIO can directly write to an authority for providing information, or he has to write to the concerned CPIO only.
    1. The request from another CPIO is to be forwarded to one's CPIO
    or,
    2. The information has to be directly given to the CPIO who has asked for it (in such a case who would decide as to whether the information can be provided on the request of the applicant)



  2. Re: Duty Of A Govt. Officer On Receipt Of A Request For Information


    1. Normally the request are only to be entertained at the CPIO or ACPIO, but a common sense should drive one to direct to CPIO.
    2. If the information so asked is from the same department, You must read this https://www.rtiindia.org/forum/3031-post2.html
    3. If the information pertains to another department, off course you can transfer the case to another CPIO (only) of the concerned department.

  3. #3
    Posts
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    Name:
    NK Agarwal
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    Re: Duty Of A Govt. Officer On Receipt Of A Request For Information


    Pl. read the link given by Kushal.
    Further pl. read the RTI Act-2005, it gives all information that you want to know.
    If still not satisfied, pl. bank on rtiindia.org and post your query.

  4. Re: Duty Of A Govt. Officer On Receipt Of A Request For Information



    Section 6.3 of the RTI Act is very clear on this matter. An application cant be returned to applicant in any case.

    6(3) Where an application is made to a public authority requesting for an information,—
    (i) which is held by another public authority; or
    (ii) 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:
    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.

  5. #5
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    NK Agarwal
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    Re: Duty Of A Govt. Officer On Receipt Of A Request For Information


    An application under RTI ACt-2005 is sent to a CPIO of the CHQ of a department, the CPIO sends the application to another CPIO/APIO of the regional office which has nothing to do with the information as the requested information is available at CHQ only.
    In turn the CPIO/APIO of the regional office returns the original application back to the CPIO of CHQ.
    Is this transaction and transfer of applicatiuon ok, Can the concerned applicant file a complaint?
    To whom such a complaint can be filed?
    thnks

  6. Re: Duty Of A Govt. Officer On Receipt Of A Request For Information


    The transfer of application is required to be done within 5 days. Thus total 10 days lost in transit between CPIOs. Wait and watch for 35 days to get the information.

    Thereafter please file an Appeal before FAA and seek information free of cost.



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