Public Information Officer
Mr. Rahul Chhabra
Minister (Press, Information & Culture)
Indian Embassy <st1 =""><st1:city w:st="on">Washington</st1:city> <st1:state w:st="on">DC</st1:state></st1>
Sub: Application under RTI Act 2005
Please provide the following information pursuant to the RTI Act of 2005:
The Embassy of India in Washington DC has the following language on its website under the RTI section: “It may also be pointed out that as per section 6(1) (a) of the RTI Act, 2005, a person who desires to obtain information under the Act is required to submit the application to the Information Officer of the “concerned public authority”. Applicants are, therefore, advised to send their requests under the RTI Act to the Embassy only when the subject matter can reasonably be presumed to pertain to the Embassy. While section 6(3) provides for the transfer of an application by a receiving PIO to another [concerned] PIO, this is clearly meant to cover situations where the application is addressed to a PIO on the assumption that it has been directed to the concerned PIO. Where the information required obviously does not pertain to the Embassy, the application may be addressed to the concerned PIO directly. “
- Please provide the legal rationale or opinion from the Chief Information Commission / any other officer of the<st1 =""> Republic</st1> of<st1 =""> India</st1> that was used by the Indian Embassy in <st1 =""><st1:city w:st="on">Washington</st1:city> <st1:state w:st="on">DC</st1:state></st1> in putting up the language on its website in violation of literal reading of section 6(3) of the RTI Act of 2005.
<o =""></o> <table class="MsoTableGrid" style="border: medium none ; border-collapse: collapse;" border="1" cellpadding="0" cellspacing="0"> <tbody><tr style=""> <td style="border: 1pt solid windowtext; padding: 0in 5.4pt; width: 6.15in;" valign="top" width="590"> Section 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.
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- Please provide the name of the individual in the Embassy who interpreted the statute and provide the file notings of the said action.
- Please provide the number of RTI applications filed at the Embassy during June and July 2007 and the number of these applications that the Embassy PIO did not forward to the PIOs concerned based on the Embassy’s above said interpretation.
<o =""></o>Yours Sincerely,