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Thread: transfer of RTI query to another CPIO(of a different public authority)

  1. Re: transfer of RTI query to another CPIO(of a different public authority)


    It is first appeal.


    Satyameva Jayate सत्यमेव जयते

  2. #10
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    Re: transfer of RTI query to another CPIO(of a different public authority)


    Satyameva Jayate

  3. Re: transfer of RTI query to another CPIO(of a different public authority)


    Thanks a lot everybody who answered the query.
    Meantime I have got the decision of the first appeal and the First A. authority has upheld the decision of the CPIO i.e. of not transferring the relevant portion of the application to the concerned CPIO. During the hearing, CPIO pleaded that there is a circular by concerned ministry that the CPIO need not transfer the application/part of application to the other CPIO as it only overburdens the CPIOs. I was directed to make a fresh application to the concerned CPIO and the appellate authority (same for both the CPIOs) talked to the other CPIO and directed him to make all the information/documents sought available within seven days. I made the application along with the tentative cost of documents, but have not received any reply so far.
    Should i make a second appeal? Apparently the CPIO and the FAA are wrong technically.
    Is it essential to be present in the appeals? can they be decided on the basis of written pleadings and citings?

  4. Re: transfer of RTI query to another CPIO(of a different public authority)



    [1] There is no provision for hearing by FAA under the Act. They called you to fool you!.

    [2] Circular issued by ministries, contrary to the provisions of section 6(3) of the Act, is not binding on applicants. Nobody can issue directives contrary to the provisions of the Act. Please Obtain a copy of the circular and upload.

    [3] Please file Second Appeal before IC within 90 days from receipt of FAA's reply.

    SECOND APPEAL STATE by jps50
    http://www.rtiindia.org/forum/blogs/...formation.html

    SECOND APPEAL FORMAT by Karira
    http://www.rtiindia.org/forum/7008-my-first-ever-second-appeal.html
    Satyameva Jayate सत्यमेव जयते

  5. #13

    Re: transfer of RTI query to another CPIO(of a different public authority)


    Quote Originally Posted by Viv Sharma View Post
    Thanks a lot everybody who answered the query.
    Meantime I have got the decision of the first appeal and the First A. authority has upheld the decision of the CPIO i.e. of not transferring the relevant portion of the application to the concerned CPIO. During the hearing, CPIO pleaded that there is a circular by concerned ministry that the CPIO need not transfer the application/part of application to the other CPIO as it only overburdens the CPIOs. I was directed to make a fresh application to the concerned CPIO and the appellate authority (same for both the CPIOs) talked to the other CPIO and directed him to make all the information/documents sought available within seven days. I made the application along with the tentative cost of documents, but have not received any reply so far.
    Should i make a second appeal? Apparently the CPIO and the FAA are wrong technically.
    Is it essential to be present in the appeals? can they be decided on the basis of written pleadings and citings?
    Since the first appeal part is over you have to go for Second Appeal/Complaint as the case is fit. But do stress in the case it is CPIO's duty to transfer the application to other PA if the information is related to other Public Authority. Check this decision:
    Decision No. CIC/SM/A/2011/000278/SG/12906 of 16 June 2011
    On this order's basis my one application was forwarded to 30 different PA in one stroke.

    If it is same PA but different CPIO then refer Judges assets case. There is a HC decision in this matter. (LPA 501/2009, pronounced on 12.1.2010) Delhi High Court.

    Since matter is over to get information if Information is urgently require put a second application and get the information.

    If you are talking about Second Appeal or Complaint many times the decision is given on the basis of appeal and pleading. You have to inform 8 days in advance if you are not attending.
    Last edited by sharadphadke; 28-11-11 at 10:39 AM. Reason: Clearification added

  6. #14
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    Re: transfer of RTI query to another CPIO(of a different public authority)


    [QUOTE=sharadphadke;210822] But do stress in the case it is CPIO's duty to transfer the application to other PA if the information is related to other Public Authority.

    Section 6(3) says : 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.
    Emphasis on BOLD PRINT.
    There is no mention of the PIO in this Section and there is no role of PIO in transferring the Application/

  7. #15

    Re: transfer of RTI query to another CPIO(of a different public authority)


    [QUOTE=smbhappy;210839]
    Quote Originally Posted by sharadphadke View Post
    But do stress in the case it is CPIO's duty to transfer the application to other PA if the information is related to other Public Authority.


    Emphasis on BOLD PRINT.
    There is no mention of the PIO in this Section and there is no role of PIO in transferring the Application/
    Who's roll is to transfer application? PA can not transfer so has to be done by ACPIO or CPIO.
    Roll of PIO start from receipt of application and hence he has to do transfer.

  8. #16
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    Re: transfer of RTI query to another CPIO(of a different public authority)


    See next Post please.

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