It is surprising to see that some States have not designated PIOs and AA etc for the Offices of the Chief Minister. Therefore, it gets difficult to obtain information from these offices. Moreover, it seems the violation of the provisions of the RTI Act. Since, I intend to file complaints with the respective Information Commissions in this regard, therefore, I want to discuss the issue on this esteemed forum as to whether the Offices of the Chief Ministers and other ministers are Public Authorities under the Act. The reason for non-designating the PIOs etc. in these offices seems to be that in the Rules of business of the States, the o/o C.M. and Minister's offices are not Administrative Departments. No specific work has been alloted to these offices in "Rule of business". However, to me this doesnot seem to be the correct interpretation of Law. The Public Authority is not designated on the basis of the work it is doing. S2(h) of Act provides that any authority or body or institution constituted under the Constitution or bv notification or order issued by the State Government is public authority. Secondly, the organisations funded directely or indirectly by the Government are also PA. Since the salary etc. of the employees posted in the these offices are drawn from the public exchequre, therefore, these offices are P.A. Thirdly, directions are also issued to all departments from these offices, therefore, it cannot be said that these offices do not carry out any work under the rules of business. Expert opinions of the members are solicited please.
I agree with Mr. vashisthvivek that the offices of the Chief Minister and Ministers should be public authorities. The PMO is also a Public Authority, then why can't be the office of CM and other ministers
I think the issue was not clear from my previous post. I agree that the offices of the C.M are funded by the State fund (Kindly see the orginal thread), but the problem is that the office of CM is not separately recognised as department under the Rules of business. Therefore, officers in the CM office pleads that no independent PIOs should be designated in the office of CM and the information with regard to the CM Office should be provided by the PIOs of the other department as each function of CM office has some relation with other departments.
On calling the CM's office in AP, the Chief PRO informed me that the CM's office comes under the General Administration Department (GAD) and applications under RTI can be addressed to the PIO of the GAD who will provide the information related to the CM's office.
Please also bear in mind that most of the CM's have charge of one or more ministries. Therefore the applications under RTI can also be routed through them.
In any case, the definition of PA under the RTI Act has nothing to do with the work alloted to the PA. Further more, do you mean to say that the CM's office is not the holder of any information ? Difficult to believe that....in that case, what are those offices with so much staff doing ? If there are no PIO's in the CM's office, please complain to the relevant SIC's.
Further more, do you mean to say that the CM's office is not the holder of any information ? Difficult to believe that....in that case, what are those offices with so much staff doing ? If there are no PIO's in the CM's office, please complain to the relevant SIC's.
In this regard it is submitted that these are not my views but the view of the officers in the CM office in HP. I submitted an application with the PIO of GAD, but he forwarded the same to the PIO of Education Department. The PIO of the Edu Deptt sent back may application to the GAD. However, the GAD again sent back the application to the Education Department. In the absence of clear orders, the applications are being tossed up. Moreover, there is no justification of non-designating PIOs in the CM office.
Why don't you address the application to "The State Public Information Officer, Office of the Hon'ble Chief Minister, HP". In case such an application also undergo the above type of metamorphosis, prefer a first appeal addressed to "AA, C.M's Office" If it does not produce any satisfactory result, proceed with complaint to SIC. This is likely toproduce result.
Respected Colnrkurp Sir,
No PIO or appellate athority has been designated in the office of Chief Minister. I approached the CM office personally, but since no PIO or AA was designated, the application could not be delivered.