Re: Commission forwarded RTI Application to wrong address
Originally Posted by vashisthvivek
As per the details / points submitted vide post at No. #7, the Commission can not be punished.
I do not agree with you for the following reasons:
1. SIC is a PA as defined under the RTI Act.
2. Under Section 5(1) every PA is to appoint a PIO.
3. Therefore WBSIC should have a PIO.
4. If linardni made a application which said right at the top:
"Application under RTI Act 2005"
(or something to that effect)
the application should have gone to the PIO of the SIC and not to
anyone else in the SIC (like Registrar, IC, Secretary, etc...)
5. I am sure that the application did not say anything to the effect like:
First Appeal under section 19
Complaint under Section 18
So why does it go to anyone else but the PIO of WBSIC ?
6. If the PIO gets a application which seeks information whose subject matter is closely related to some other PA, he is obligated to transfer the application under section 6(3) within 5 days of the RTI Act and inform the applicant accordingly.
7. If he does not do that, then he is liable for penalty under Section 20 of the RTI Act, because in this case it was purely the fault of the PIO that the application was transferred to the incorrect address as well as the fact that it was not answered within the specified time limit because of this reason...so the fault lies with the PIO of the SIC).
Even some SIC's send the Second Appeals and Complaints which pertain to the jurisdiction of CIC and are wrongly addressed/submitted to the SIC. Please see:
http://cic.gov.in/CIC-Orders/Decision_05012008_08.pdf In the absence of the Complainant, the Commission heard the Respondents and noted that the RTI-application of 5 July 2007 was filed with the State Information Commission which forwarded the application to the Central Information Commission – which means that the Regional Passport Office, Chennai, does not have the RTI-application till date.
http://cic.gov.in/CIC-Orders/Decision_05012008_10.pdf Shri Malik Salamat Hussain of Mumbai filed an RTI-application with the Public Information Officer, Passport Office, Patna, on 30 May 2007 alongwith the first Appeal dated 30 July 2007 to the Bihar State Information Commission, for seeking information regarding the non-issue of passport. The State Information Commission vide its letter dated 8 August 2007 forwarded his RTI-application to the Central Information Commission.
Therefore, if the SIC's can "transfer" even the Second Appeals and Complaints to the correct SIC/CIC (for which there is no legal provision in the RTI Act 2005), then why shouldn't they transfer the RTI application to the correct PIO as per Section 6(3) (for whch there is a provision in the Act) ?