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Thread: PIO can act as Appellate Authority also ?

  1. #1

    PIO can act as Appellate Authority also ?


    Can a serving PIO act as Appellate Authority also.This matter is of Chhatarpur district (M.P) where I have filed an RTI application with the concerned PIO since no satisfactory answer is received to I went for appeal.Now the same PIO is dealing with the appeal.



  2. #2
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    Re: PIO can act as Appellate Authority also ?


    No.

    As per Sec 19(1) of the RTI Act, a First Appeal will lie with a officer higher in rank to the PIO.

    It can happen that between the time of your filing the initial RTI application and the First Appeal, the PIO was promoted and became the Appellate Authority (yes, it happened in one case). Just make sure, that was not the case.

    Otherwise direct complaint to CIC/SIC
    Twitter: @cjkarira

  3. #3

    Re: PIO can act as Appellate Authority also ?


    Even today he is working as a PIO cum Joint Collector,Chhatarpur (M.P)and the Appellate Authority is Collector,Chhatarpur(M.P) .I have addressed my first appeal to Collector cum the Appellate Authority under RTI Act-2005 on 29/03/2008.But till today (after approx 30 days) no reply is given by Collector.However a letter is received from Joint Collector cum PIO on 26/04/2008 stating/informing that as per your appeal the direaction were issued to the concerned department to provide the info in five days.Here officer dosent want to give reply & they are directing the Surpanch & village Panchayat Secy. to reply.The amazing thing is that the part of information is regarding the updating of website of District.How a village Surpanch or village Panchayat Secy. can give answer to my point.On 03/04/08 I have again requested the Appellate Authority to clarify that is village Panchayat is also holding the charge of Information and Technology department of the entire district.But no answer till date.

  4. #4
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    Re: PIO can act as Appellate Authority also ?



    shakti,

    Thanks for giving the complete picture.

    The procedure followed seems to be correct. What must have happened, is that, based on your First Appeal, the FAA would have given "spoken orders" to the PIO and directed disclosure of the information. Therefore the PIO has written to you ".....that as per your appeal the direaction were issued to the concerned department to provide the info in five days...."

    Just wait for a few days more (to account for the 5 days plus some additional days for postal delay etc.) and if there is still no reply, please send a reminder to the FAA drawing his attention to DoPT circular No. 10/23/2007-IR Dated 9th July, 2007 on the subject of "Disposal of First Appeals under the RTI Act 2005" which is available here:

    https://righttoinformation.gov.in/Cir...23_2007_IR.pdf

    Regarding your additional part about "Information & Technology", it is very difficult to say anything without knowing details of your RTI application and the First Appeal.



    Twitter: @cjkarira

  5. #5

    Re: PIO can act as Appellate Authority also ?


    Thanks a lot for your advice.I am enclosing the copy my RTI Application,First Appeal and Contiuation of First Appeal

    THROUGH SPEED POST


    Thursday, February 14, 2008

    To

    Joint Collector
    Cum
    Public Information officer
    Chhatarpur-471001 (M.P)

    Subject: Information required under section 6 of the RTI Act, 2005.

    Dear Sir,

    You are requested to provide the following information point wise under section 6 of RTI Act, 2005. The information required is regarding the total Budget, expenditure and all record(s) mandatory under Law / Panchayat Act for the financial year 2006-2007 & 2007-2008 (till the date of receipt of application under RTI Act,2005) of the Panchayat of Village Gourgayan District Chhatarpur (M.P) and update of web site (Welcome to Chhatarpur District)

    1. Total budget for all kind(s) / any kind(s) of work(s) / development work(s) for the above said financial year(s).
    2. Complete Detail(s) of each and every work and expenditure during the above said financial year(s). (Please provide detail(s) of each and every work separately).
    3. Name(s) and designation(s) of the officer(s) and / or government employee(s) / Public Servant(s) who were/are responsible / answerable / duty bond to give direction(s) and proper marking(s) to the Sarpanch / Panchayat Member (s) etc before starting/execution of any work /development work (s) during the above said financial year(s). (i.e. village roads/village inner roads/drainage system/sewerage system etc)
    4. Name(s) and designation(s) of officer(s) and / or government employee(s) / Public Servant(s) who are responsible and have personally or/and officially checked the quality & quantity of the each and every work in each and every respect during the above said financial year(s).
    5. Name(s) and designation(s) of the official(s) and / or government employee(s) / Public Servant(s) who will be held directly and indirectly liable/responsible in case of any kind of loss to State Government / Center Government. Due to any kind of litigation (s), illegal work(s) ,sub standard work(s)/material(s) , unjustified work(s), malpractice(s), favoritism(s) etc by any person(s) regarding the work(s) of Panchayat.(As directed / decided by Supreme Court of India & Hon’ble High Court(s) in various Judgment(s))
    6. Name(s) and detail(s) of contractor(s) and / or laborer(s) etc. Who were / are employed / related to the development and or any kind of work during the above said financial year(s). (Please provide the exact amount date wise on which the payment was/is given in each and every case)
    7. Provide complete detail(s)/proof(s) (i.e. Photocopy(s) of bill(s) receipt(s) etc) of each and every Purchase, Gift received and/or given or Donation received and/or given during the above said financial year(s).
    8. Copy(s) of each and every record (As required / mandatory under M.P. Panchayat Act / Panchayati Raj Act).
    9. Circular(s) and / or any kind of written and / or oral/speaking instruction(s)/ direction(s) given to the all / any office bearer(s) of Village Gourgayan Panchayat by the Government / Panchayat Department / official(s) of department / Panchayat Department.(Please provide the detail(s)/copy(s) of each and every written circular/order & detail(s)/content(s) and date(s) of oral orders instruction(s) issued/given during the above said financial year(s)).
    10. Is there any provision or the department is in process of taking picture(s) and / or making video / movie of full & final work(s) / complete work(s) and Lab test(s) report(s) of material(s) used in/for development work(s) for office record(s).So that the Nation’s / State’s Valuable Money / Resources can be saved for future planning / next planning.
    11. You are also requested to give this information also that why your website is not updated till date (i.e. change in the name of PIO due to transfer, retirement etc). Which official/officer is responsible for this lapse and in what time, it has to be updated by your officials/officers and that if this is not updated in that time, whether any action is to be taken against that/those official(s)/officer(s)?

    I am enclosing an Indian Postal Order no 66E 536875 for Rupees Ten only as required under Right to Information Act 2005.
    You are requested to inform/provide/supply the above said information in question as per rules / under the provisions of the RTI Act, 2005 at the earliest. I am ready to deposit the amount (if any) after receiving the written advice/instructions from your end.

    Thanking you,

    Yours truly,


    Shakti Paul Sharma
    Son of Sh.Krishan Paul Sharma
    House no.116 Sector – 7
    Panchkula – 134109(Haryana),

    THROUGH SPEED POST


    Saturday, March 29, 2008

    To

    Collector
    Cum
    The Appellate Authority under
    Right to Information Act -2005
    Chhatarpur-471001 (M.P)

    Subject: First Appeal under RTI Act-2005 for directing the concerned/providing the Information required under section 6 of the RTI Act, 2005.

    Dear Sir,

    I have applied/submitted/requested/given an application under RTI Act-2005 with Joint Collector Cum Public Information officer Chhatarpur-471001(M.P) on 14/02/2008 through speed post no.EE772194755IN.Copy of the same is annexed as ‘Annexure-I’

    The same was delivered on 19/02/2008.Copy of the delivery report as available on the web site Welcome to the Indiapost Web Site is annexed as ‘Annexure-II’

    But the same and/or any kind of information/reply have not been supplied / received to the applicant till date (i.e.29/03/2008)

    I have also tried to contact the Joint Collector,Chhatarpur(M.P) cum PIO Sh.S.N.Shukla on his mobile no.09425137923 and on his office/offical phone no.07682-241500.

    You are again requested to supply and/or direct the concerned Public Information officer to provide the complete and detailed information in question as mandatory/required under the provisions of Right to Information Act-2005.

    In the interest of Justice and to save the valuable time and money of the citizens of India and/or State and Nation.

    I am also enclosing the IPO no. 35G 495949 for Rs.50/- as mandatory in the State of Madhya Pradesh for filling first appeal under RTI Act-2005.


    Thanking you,

    Yours truly,


    Shakti Paul Sharma

    THROUGH SPEED POST

    Thursday, April 03, 2008

    To

    Collector
    Cum
    The Appellate Authority under
    Right to Information Act -2005
    Chhatarpur-471001 (M.P)

    Subject: In continuation to my First Appeal under RTI Act-2005 for directing the concerned/providing the Information required under section 6 of the RTI Act, 2005.

    Dear Sir,

    I have filed/sent/submitted my first appeal under RTI Act-2005 on 29th March 2008 through speed no.EE70026370IN to/with your goodself. (Copy(s) of my first appeal, counterfoil of IPO for Rs.50/- & receipt of speed post are annexed as ‘Annexure-I’)

    On 02/04/2008 I received an Registered A.D. Post/letter No.FLAD A 1381 dated 25/03/08.Name of Dispatching Post office FATEHPUR HPO <212601>(UTTAR PRADESH).Exact location of the post office as available on the web site of Welcome to the Indiapost Web Site is annexed as ‘Annexure-II’

    The above said letter bearing S.No.Q/2A/Panch/2007-2008/dated 18/03/2008 but the same was posted on 25/03/2008.Photocopy of the same along with the both sides of envelope are annexed as ‘Annexure-III’.

    As per the reply sent by Sh.Vinod Kumar Sharma claming himself as Secretary Panchayat of village Gourgayan.

    Respected Sir, I have a strong apprehension that either this reply/letter is forged or the same has been sent by some unofficial / unauthorized / unknown / undesignated / incompetent person(s). Reason(s) for the same are given below:-

    a. That the is reply/letter is not sent by the PIO Cum Joint Collector, Chhatarpur(M.P)
    b. That the letter is posted from the Post office Fatehpur situated in Kanpur Region ,Uttar Pradesh Circle. Whereas the village Gourgayan is under the Post office of Dhamora,District Chhatarpur (M.P) and every kind of postal facility are available in District Chhatarpur and in the State of Madhya Pradesh.
    c. The address mentioned as sender is in a personal name/capacity. No designation and/or his position as Public Information Officer is mentioned.
    d. The Letter and/or envelop does not bear any rubber stamp/authorized seal/State Government Stationery etc.
    e. That the place for the signatures of the village Sarpanch is there but that too without any signatures and/or rubber stamp/seal.
    f. That the above said reply of Panchayat Secy. is mentioning the serial number 42 and date 07/03/2008 regarding the transfer of application/request letter received from the office of Collector RTI application branch. How it is possible that he has been directed to provide/give the requisite information after the 17 days of receipt of my RTI application (i.e.19/02/2008 date of receipt of my speed post as per postal department).Whereas as per section 6(3) of the RTI Act-2005 the application should be transferred as soon as practicable but in no case later than five days from the receipt of the application. Copy of the same/ page no.6 from the Gazette of India, RTI Act-2005 no.22 of 2005 dated 21st June 2005 is annexed as ‘Annexure-IV’
    g. Till date(i.e.03/04/2008)the applicant has not received any kind of information regarding this transfer as it is mandatory under RTI Act-2005.The above said annexure annexed as ‘Annexure-IV’ is self explanatory.
    h. How the Panchayat Secy. can provides the information regarding the updating of official web site of the entire district or the village Panchayat is also holding the duel charge of Information and Technology also.(Even today the web site Welcome to Chhatarpur District is showing the name of Sh.K.L.Jatav as PIO whereas Mr.K.L.Jatav is no longer in service since long)
    i. Whereas the Panchayat Secy. is mentioning that answer(s) of 01 to 11 points as requested in my application dated 14/02/2008 under RTI is ready consisting of 800 pages and he further directed/advised me to deposit Rs.2/- per page total amounting Rs.1600/-
    j. Flatly he directed me to deposit Rs.1600/- as cash or through cheque. No detail(s) and bifurcation of charge(s) are given.

    It is the duty/responsibility of the concerned legally appointed/designated Public Information Officer/Government official(s) to provide the exact figure(s)/detail(s)/document(s) etc and not the duty of Village Panchayat Secy. to provide the information. If no information is available in the/ with the / from the concerned department(s) only than it can be presumed that there are no rule(s) / act(s) / provision(s) / direction(s) of the State and/or Central Government to keep the detailed / complete record(s) of Panchayat(s) with the concerned department(s).

    Even if it is presumed that the above said Secy. Panchayat is legally/officially authorized by the State Government to act as a PIO of Panchayat even then how he can give the reply of my each and every point as requested in my application dated 14/02/2008 sent to the concerned Public Information officer under RTI Act-2005.The copy of the same is annexed as ‘Annexure-V’.

    I am ready to deposit the above said amount of Rs.1600/-(Rupees Sixteen hundred only) for getting complete/detailed information, without prejudice to my right(s) & after receiving the detail(s) of each and every expenditure/document etc separately/individually and/or as per the rules(s) / regulation(s) / direction(s) / latest Judgment(s) / latest decision(s) under RTI Act-2005.

    You are once again requested to supply and/or direct the concerned Public Information officer to provide the complete/satisfactory and detailed information in question directly under his Name. Signature and Official seal as PIO instead of sending it/ sending the same through some unofficial/unauthorized/unknown/undesignated/incompetent person(s) etc as mandatory/required under the provisions of Right to Information Act-2005.

    In the interest of Justice and to save the valuable time and money of the citizens of India and/or State and Nation.

    Thanking you

    Yours truly



    Shakti Paul Sharma

    C.C (For information and necessary action)
    1. Sh.Wajahat Habibullah, Chief Information Commissioner
    Central Information Commission
    New Delhi- 110067
    2. Chief Information Commissioner
    State Information Commission, Madhya Pradesh
    Bhopal (M. P.), PIN - 462011





    I have sent around 5-7 reminders to FAA on his offical e-mail.id

    Last edited by ganpat1956; 17-08-08 at 03:12 PM.

  6. #6
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    Re: PIO can act as Appellate Authority also ?


    shakti,

    That is a very good application, first appeal and follow up.

    Please try to visit this website often and help other members and guests, who might not be as familiar with the "nuances" of RTI, as you are.

    Since you made the First Appeal on 29 March, the FAA has time to reply till 29 April (30 days) or even till 14 May 2008 (30 + 15 = 45 days), provided he gives reasons in writing for the delay. Add another 5 days for postal delays or so.

    Please wait till then and if there is still no reply from AA or PIO, then please file a Second Appeal with SIC. Since the PA is under Madhya Pradesh RTI Rules, please check them to see if there is any specific format/fees/attestation required.

    You have 90 days from the receipt of AA's orders or from the day the orders were supposed to be received, for filing the Second Appeal.

  7. #7

    Re: PIO can act as Appellate Authority also ?


    Thanks for everything I am planing to file a complaint under Section 18 of RTI Act.No fee is required to file a complaint before CIC,M.P.

  8. Re: PIO can act as Appellate Authority also ?


    I submitted a RTI application in August , 2007 to the SPIO of one Govt. Dept. SAPIO sent me a reply of queries mentioning --- I am directed to etc. Afterwards I had submitted FA . But by this time the concerned SPIO became the FAA, and SAPIO became the SPIO of that same Department. I had to attend the appeal hearing to the FAA, to whom the RTI application was submitted (then he was SPIO) . Now my point is whether it was logical to hear the FA by the person , to whom the RTI application was submitted and reply was provided by him only. The decision of FA was supplied by the present SPIO --- I am directed ...... this time also. Not by the FAA. I have to go for Second appeal / Complaint, as I am not satisfied . But point is whether the whole procedure was correct/ ethical or not ?

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