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Thread: Second appeal to be sent to the redirected PIO or the first one PIO

  1. #1

    Second appeal to be sent to the redirected PIO or the first one PIO


    I had filed an RTI, but the PIO re-directed my application after almost 27 days and posted me the above intimation, which reached almost a month after i filed the RTI. Now, i have to file first appeal... but to whom? the initial PIO or the redirected PIO? And what is the time limit for first appeal in this case? Should i have to wait for 30 days again for the re-directed PIO to reply?

    Thanks in advance.



  2. Re: Second appeal to be sent to the redirected PIO or the first one PIO


    Wait for 35 days from receipt of response from second PIO.
    The first PIO as per Sec. 6 (3) must transfer the application to some other public authority within maximum 5 days after receipt of Application. If you want to go for first appeal on this violation to FAA of first PIO, you may, but it is sheer waste of time, money and energy.

    It is not clear from your query whether you have made 1)application to correct PIO 2)Whether transfer was to another Public authority or endorsing to same public authority.
    If PIO transferred the application after 27 days to some other dept., in his own organization, it is sheer negligence and highly irregular, as he is supposed to do the same as expeditiously as possible (forthwith)

    Every thing depends on the custodian of that record on which you have sought information.

    As a common man, let us not waste our resources in wasteful correspondence, wait for 35 days and go for first appeal to FAA of second PIO.
    Members can only guide, final decision is always left to the applicant on further course of action.

  3. #3

    Re: Second appeal to be sent to the redirected PIO or the first one PIO


    Quote Originally Posted by G.L.N. Prasad View Post
    Wait for 35 days from receipt of response from second PIO.
    The first PIO as per Sec. 6 (3) must transfer the application to some other public authority within maximum 5 days after receipt of Application. If you want to go for first appeal on this violation to FAA of first PIO, you may, but it is sheer waste of time, money and energy.

    It is not clear from your query whether you have made 1)application to correct PIO 2)Whether transfer was to another Public authority or endorsing to same public authority.
    If PIO transferred the application after 27 days to some other dept., in his own organization, it is sheer negligence and highly irregular, as he is supposed to do the same as expeditiously as possible (forthwith)

    Every thing depends on the custodian of that record on which you have sought information.

    As a common man, let us not waste our resources in wasteful correspondence, wait for 35 days and go for first appeal to FAA of second PIO.
    Members can only guide, final decision is always left to the applicant on further course of action.
    Thank you Sir for the guidance,
    1)The RTI application was directed to the correct PIO (first one) as only he can be able to reply to my RTI. The issue was about the reasons behind the rejection of my candidature for promotion in the DPC held by the higher authorities. My issue of promotion was taken up and out rightly rejected without quoting any reason whatsoever. So I had asked for reason/remarks on which basis the promotion was rejected.
    2) The delayed transfer done by first PIO was not necessary as the sought information, must be held by him and not by the other one. These are only delaying tactics, passing the buck. Actually the first PIO is higher authority for my transfer issue, the application was transferred back to my college PIO to reply. How can he reply about the reasons/decision for rejecting my promotion?? I am 100% sure, the PIO who received my transferred RTI application will never be able to answer to my RTI query. They are playing a game with me.
    I am stumped now. :-(

  4. #4

    Re: Second appeal to be sent to the redirected PIO or the first one PIO



    Quote Originally Posted by rightsaid View Post
    Thank you Sir for the guidance,
    1)The RTI application was directed to the correct PIO (first one) as only he can be able to reply to my RTI. The issue was about the reasons behind the rejection of my candidature for promotion in the DPC held by the higher authorities. My issue of promotion was taken up and out rightly rejected without quoting any reason whatsoever. So I had asked for reason/remarks on which basis the promotion was rejected.
    2) The delayed transfer done by first PIO was not necessary as the sought information, must be held by him and not by the other one. These are only delaying tactics, passing the buck. Actually the first PIO is higher authority for my transfer issue, the application was transferred back to my college PIO to reply. How can he reply about the reasons/decision for rejecting my promotion?? I am 100% sure, the PIO who received my transferred RTI application will never be able to answer to my RTI query. They are playing a game with me.
    I am stumped now. :-(
    Also, kindly clear my doubts. I have filled my RTI application on 25th Nov, the first PIO redirected my application on 23rd Dec and the this was received on 27th Dec by next PIO. So for the first appeal to FAA, which date I should file first appeal? Is it 35 days from my filing of application? Or 35 days from the date of response by redirected PIO? I am pretty sure the redirected PIO will never reply to the redirected RTI. :-(

  5. Re: Second appeal to be sent to the redirected PIO or the first one PIO


    Please go through replies given as we try to answer the query to full extent, presuming some things which are not stated in query. You can find replies in the first response itself.
    You can go for first appeal against concerned first PIO also, as you have missed each and every sentence of guidance given to you.
    Both first and second PIOs belong to same public authority.
    Then it is not transfer of RTI application, and it is just endorsement within the same authority which has to be done immediately.
    Please file first appeal to FAA immediately. (At the cost of repetition first PIO)

    First Appeal dt.28th Dec, 2017 under RTI Act filed
    Before: First Appellate Authority,...................
    Against: Public Information officer,.....................
    Appellant....................................

    Brief facts: PIO has received RTI Application on....................and as per statutory obligations is bound to endorse it to concerned PIO forthwith on date of receipt itself. Neglecting his statutory obligation, after sleeping over the application over 27 days from date of receipt, PIO has transferred the same to another PIO, who is not concerned only with only on....................
    Grounds for Appeal: PIO has endorsed the application to another PIO within same PIO after 27 days, violating the stipulation in RTI Act. Hence this appeal.
    PRAYER: Appellant prays for directions to first PIO to arrange for seeking such information by electronic means and providing that information as expeditiously as possible free of cost to appellant. Please also depute PIO for proper training on fundamentals of RTI Act. Please specifically point out the violations in FAA order, so that the violation can be raised during second appeal before IC as gross negligence towards duties and statutor obligations by PIO.

    Appellant.

  6. Re: Second appeal to be sent to the redirected PIO or the first one PIO


    If both the PIOs are from the same Public Authority then, the first PIO cannot transfer your RTI application to the second PIO.

    Kindly file a first appeal with the First Appellate Authority of the first PIO on the following grounds:

    Ground of First Appeal:

    I would hereby like to draw your Hon’ble Authority’s kind attention to the provision of section 5(4) read with section 5(5) of the RTI Act, 2005, whereby:

    - As per section 5(4), if the information is not available with the PIO’s Office, nevertheless, it is available within his Public Authority then, the PIO is supposed to seek assistance of other officer as he or she considers necessary for proper discharge of his duties and thereby access the information from that other Office and provide it to a RTI applicant, and

    - As per section 5(5), for the purpose of any contraventions of the provisions of RTI Act, such other Officer shall be treated as the PIO.

    Therefore, given the provision of section 5(4) read with section 5(5) the PIO was supposed to have sought assistance of the Officer in whose custody the information vide this RTI application, was available.

    In this regard, please also find the decision of Hon’ble Delhi High Court in CPIO Supreme Court v/s. Subhash Chandra Agarwal & Anr., the relevant except of which has been quoted below and is self explanatory:

    Quote:
    Para 23. In view of this, the question of transferring an application under Section 6(3) of the Right to Information Act by the CPIO of the Supreme Court cannot arise. It is the duty of the CPIO to obtain the information that is held by or available with the public authority. Each of the sections or department of a public Authority cannot be treated as a separate or distinct public authority. If any information is available with one section or the department, it shall be deemed to be available with the Public Authority as one single entity CPIO cannot take a view contrary to this.
    Unquote

    Thus, the PIO has disposed of the RTI application in violation of section 5(4) read with section 5(5) of the RTI Act.
    "If you think in terms of a year, plant a seed; if in terms of ten years, plant trees; if in terms of 100 years, teach the people." -- Confucius

  7. #7

    Re: Second appeal to be sent to the redirected PIO or the first one PIO


    Thank you GLN Prasad & Sunil Ahya for the guidance ,

    I was about to file first appeal to the first PIO, but i was told by second PIO that the sought information has been posted to me and to wait till i receive by indian post. But of my 2 RTI applications, the PIO has replied in response to my RTI query: Why so and so meeting was not held and cancelled without any reason attributing it, (It was a crucial DPC promotion meeting). The PIO has replied in his response that so and so DPC meeting cancellation was through a phone call. No documents were make available to me!! I am taken aback by such a reply by PIO. My another RTI application response is on the way by post, yet to reach me.

  8. #8

    Re: Second appeal to be sent to the redirected PIO or the first one PIO


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    PIO providing with uncertified copied inspite of mentioning the same in my RTI application
    rightsaid said:
    Today 03:25 AM
    PIO providing with uncertified copied inspite of mentioning the same in my RTI application
    I had applied for information documents to use them in a court of law. The PIO has been providing me with un-certified copies of the documents, one of them was a rough copy of the said document with lot of mistakes. I even approached the PIO to certify the documents provided. The PIO simply brushed me off saying, he couldnt trace the original documents available, so he is not going to certify them. This has happened in two cases till now simultaneously. I am at a loss, because the genuinity of these documents may be raised when i present them in a court of law to fight out my promotion issue. Kindly help me out what to do next, should i complain? file a first appeal? Advance thanks to you sirs

  9. Re: Second appeal to be sent to the redirected PIO or the first one PIO


    Go for first appeal stating the grounds that PIO has not been providing certified copies form of information deliberately with malafide intentions and pray for providing of such certified copies of free of cost.
    Always post the query in relevant thread. This thread is Second appeal to be sent to the redirected PIO or the first one PIO
    now you are hijacking your own thread to that of certified copies.
    You are an employee. It may not take more than 30 minutes to you to go through Sec.6,7,8, and 19 in your mother tongue.
    Focus on what is required. Do not depend on guidance and improve your skills through gathering of information.
    You have the right to call for evidence of that PIO before Court to admit documents and contact Advocate for doing needful.
    Even before enactment of RTI, a citizen can seek any copy from Public authorities for a fee.
    If they have collected such fee and not provided certified copies, it is a deficiency of service and you can even file complaint in district forum.



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