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Thread: Commission forwarded RTI Application to wrong address

  1. Commission forwarded RTI Application to wrong address


    I had sent a RTI Application dated 30-08-2007 to the SPIO, Youth Services Department, Govt. of West Bengal through the WB Information Commission, Kolkata since I was not sure about the address of the SPIO. On 11-09-2007, I received a copy of letter which was forwarded from the Commission to the concerned SPIO along with my RTI Application. After the expiry of 35 days, I received no response from the SPIO and submitted a First Appeal to the State Information Commission. Only after that I received a letter from the Commission dated 01-10-2007 that my original RTI Application was inadvertently sent in wrong address. Hence it's forwarded again to the correct address.<o></o>
    Please let me know from which date will the 35 days count down start? From the date of receipt of the RTI Application initially or from the date on which it was redirected to the correct address. Moreover what may be the fate of my first appeal? Do I have any move or will I rest as of now?<o></o>
    <o> </o>


    Last edited by linardni; 22-10-07 at 08:12 PM. Reason: to delete emoticons

  2. #2
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    C J Karira
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    Re: Commission forwarded RTI Application to wrong address


    linardni,

    This is slightly strange. The WBSIC which is supposed to enforce the RTI Act in West Bengal itself does not know the right PIO ! Then how can a ordinary citizen know which PIO is the correct one ?

    1. Under Section 6(3) your application should have been transferred within 5 days. That is the first ground for Second Appeal.

    2. 35 days start from the date the application was received by the PIO in the WBSIC.

    I suggest that just sit back and relax.
    When you get the reply from the PIO, you have the above 2 grounds for filing First Appeal.
    You also have a ground for your Second Appeal with the WBSIC.
    During the Second Appeal make a plea for WBSIC to impose penalty on itself.

    Please do not laugh.

    There is a instance when the CIC has penalised "itself".
    Now looking for the link...will post it later.

  3. #3

    Re: Commission forwarded RTI Application to wrong address


    During the Second Appeal make a plea for WBSIC to impose penalty on itself. Please do not laugh.
    There is a instance when the CIC has penalised "itself".
    Hello Karira,
    How can WB SIC impose penalty on itself?
    It' the PIO who will be penalised.

    Isn't it true that PIO and PA are separate

    Sidmis
    Last edited by sidmis; 22-10-07 at 09:38 PM.

  4. #4
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    Col NR Kurup (Retd)
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    Re: Commission forwarded RTI Application to wrong address



    Firstly in your present case please do not split the hairs too much on 35 days affair if your aim is to get the information only. The period of 30 days will commence from the date of receipt of your application by the correct PIO. Secondly I think what sidmis meant is that "the WB SIC's impossing penalty on his own PIO ". PIO of WB SIC is not a public authority.

  5. Re: Commission forwarded RTI Application to wrong address


    I agree with colnrkurup Sir. The period of 30 days will commence from the date of receipt of application by the correct PIO. I do not agree with the Karia sir that the application should have been transferred with 5 days. The provision of S.6(3) applies only when the application has been made wrongly to other Public Authority, but not in case of information commission. Secondly, when the PIO receives the application, the period only 30 days is allowed and not 35 days.
    Wish you all HAPPY DIWALI

  6. #6
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    Re: Commission forwarded RTI Application to wrong address


    vashisthvivek,

    1. Section 6(3) comes into play since linardni gave the RTI Application
    to the WBSIC, whihc is also a PA as defined in RTI.
    The PIO of WBSIC should have transfereed the application within 5 days to
    the Youth Services Department.
    2. Nowhere in the RTI Act, is it stated that if a application is submitted to the
    CIC or SIC then Section 6(3) will not be applicable.
    3. 30 days allowed for reply normally + 5 days under Section 6(3) = 35 days
    35 days from date of receipt by PIO in WBSIC.

  7. Re: Commission forwarded RTI Application to wrong address


    Sir,
    I think the application was not forwarded to the PIO of the Information Commission, but to the Commission, who is the apex body under the RTI Act. The powers and functions of the Information Commission have been discussed under S.18. There is no time limit on the Commissions to forward the application to the concerned PA. Similarly, there is no time limit prescribed for the commssion to decide the appeal.
    The functions of the Information Commission as an apex body under the RTI Act is different and its functions as a Public Authority are different. To make the things clear, I am citing an example. Every High Cout is a Public Authority. However, it does not mean that one files application under the RTI Act in the registry of the Court and expects that the application will be forwarded to the concerned PA within a period of 5 days. The case will be different, if the application under the Act is sent to the PIO of the Court. In this case the PIO of the HC is under obligation to transfer the application to the concerned PA within 5 days.
    Therefore, when the application is filed with the commission, there is no time limit prescribed under the Act, within which the Commission will have to forward the application to the concerned PA.

  8. Re: Commission forwarded RTI Application to wrong address


    sir, the 30 days period would commence from the date of receipt of the petition by the correct PIO.however, nothing would result from the appeal petition as the commission has admitted its error. 'whether it is punishable is a moot point. i know of no precedents on this point.

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