View Poll Results: Are we being cheated by the PIO's, who gives vague Replies

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    15 88.24%
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    1 5.88%
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Thread: What steps are to be taken in order to get the information, which is not available with the PIO?

  1. #9
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    Re: What steps are to be taken in order to get the information, which is not available with the PIO?


    MAHADISCOM, as it is generally known has a massive organisation ,having twenty one PIOs and the same number of AAs at HO,Mumbai.General Admn.Deptt,where you sent your application ,probably is really not the right dept for the information you are seeking. Because Appellate Authority of the addressed PIO is GM (Testing) and not GM(Personnel).
    There is a full fledged Vigilance and Security Dept,with their own PIO and Director(V&S) as AA.That ,probably,is the department responsible for the information you are seeking.
    In any case ,as given at post 1,you have already sent two more applications to Registrar Dist.Courts Thane and ACB Thane respectively.


    › Find content similar to: What steps are to be taken in order to get the information, which is not available with the PIO?


    Last edited by opsharma; 24-06-08 at 11:47 PM.

  2. #10
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    Re: What steps are to be taken in order to get the information, which is not available with the PIO?


    Quote Originally Posted by opsharma View Post
    MAHADISCOM, as it is generally known has a massive organisation ,having twenty one PIOs and the same number of AAs at HO,Mumbai.General Admn.Deptt,where you sent your application ,probably is really not the right dept for the information you are seeking. Because Appellate Authority of the addressed PIO is GM (Testing) and not GM(Personnel).
    There is a full fledged Vigilance and Security Dept,with their own PIO and Director(V&S) as AA.That ,probably,is the department responsible for the information you are seeking.
    As per Sec 5 of the RTI Act, MAHADISHCOM is at liberty to appoint ALL its officers as PIO's. No one stops them from doing that.

    An applicant cannot know (and is not supposed to know) which department, how many departments, who is the relevant PIO, how many PIO's, etc....
    Even if the application goes to the wrong PIO, he is supposed to get the information from the custodian PIO and provide to the applicant. There is no case of transfer under Sec 6(3) since it is the same PA.

    Fortunately in this case, the application dealt with only one subject matter.

    If the application dealt with several subject matters - all related to MAHADISHCOM - it is obligatory on the recipient PIO to "divide" the application into several parts, send it to the "relevant" PIO's and get the replies, consolidate them (or simply forward them as they are) and provide to the applicant.

  3. #11
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    Re: What steps are to be taken in order to get the information, which is not available with the PIO?


    One apt doubt has just cropped up after reading the above reply. When the receipient PIO transfer part of the request to another PIO, is it obligatory on the first PIO to keep a track of it, collect and consolidate the replies or he can consider it as finally transferred and forget it ? This aspect is very critical

  4. #12
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    Re: What steps are to be taken in order to get the information, which is not available with the PIO?



    Quote Originally Posted by colnrkurup View Post
    One apt doubt has just cropped up after reading the above reply. When the receipient PIO transfer part of the request to another PIO, is it obligatory on the first PIO to keep a track of it, collect and consolidate the replies or he can consider it as finally transferred and forget it ? This aspect is very critical
    It is OBLIGATORY for the recipient PIO to collect the information from other PIO's and provide information / give a reply (can be either consolidated reply or piecemeal reply) to the applicant. There is no question of transfer since the matter is in the same PA and Sec 6(3) cannot be invoked.

    There are many CIC orders in this regard and I will upload them later today, since they are on a different machine.

    Readers should also note that DoPT has issued detailed guidelines in respect of situations where a PA has "multiple" CPIO's and the creation of "nodal PIO". Please see the following thread:


    http://www.rtiindia.org/forum/3378-d...-one-cpio.html

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    Re: What steps are to be taken in order to get the information, which is not available with the PIO?


    Quote Originally Posted by karira View Post
    As per Sec 5 of the RTI Act, MAHADISHCOM is at liberty to appoint ALL its officers as PIO's. No one stops them from doing that.

    An applicant cannot know (and is not supposed to know) which department, how many departments, who is the relevant PIO, how many PIO's, etc....
    Even if the application goes to the wrong PIO, he is supposed to get the information from the custodian PIO and provide to the applicant. There is no case of transfer under Sec 6(3) since it is the same PA.

    Fortunately in this case, the application dealt with only one subject matter.

    If the application dealt with several subject matters - all related to MAHADISHCOM - it is obligatory on the recipient PIO to "divide" the application into several parts, send it to the "relevant" PIO's and get the replies, consolidate them (or simply forward them as they are) and provide to the applicant.
    Thank you Karira,was searching for that circular and below quoted CIC decision ,and in absence of these wrote about the concerned PIO(VIgilance and Security).

    Col.Please see : Appeal No 10/1/2005-CIC , Sarbjit Roy Vs DDA of 20/2/06. That deals with CIC decision wrt multiple PIOs within same Public Authority.

  6. #14
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    Re: What steps are to be taken in order to get the information, which is not available with the PIO?


    Thank you. But my doubt is on course of action pertaining to PIOs of differant public authorities.

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    Re: What steps are to be taken in order to get the information, which is not available with the PIO?


    Quote Originally Posted by colnrkurup View Post
    Thank you. But my doubt is on course of action pertaining to PIOs of differant public authorities.
    Unless contrary decision by CIC exists, I interpret section 6(3) as follows:-

    If Application is transferred in toto because information is entirely held in that new organisation ,the new PIO becomes Nodal PIO and old PIO addressed have nothing to do with that case anymore.

    If only part information of the application is requested from another PIO,then the orginally addressed PIO remains the Nodal PIO and responsible for all consequences.

    In both above cases "under intimation to the appellant" is understood to have been followed.

  8. #16
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    Re: What steps are to be taken in order to get the information, which is not available with the PIO?


    Besides the citation given by opsharma, here are some more orders for multiple PIO's in the same PA:

    1. Appeal No.CIC/WB/A/2006/00605 dated 14-8-2006

    If on the other hand the information sought is found to pertain to a
    separate wing of the same public authority the CPIO receiving the
    information will seek the information required from the officer/ PIO
    dealing with the subject u/s 5 (4) and either (a) provide that information
    to the applicant or (b) direct the officer to whom it has been forwarded
    to so provide.


    2. Appeal No.102/ICPB/2006

    In so far as
    the information sought in serial No 2 is concerned, as rightly pointed out by the
    appellant and as has also been decided by this Commission, if the information sought
    relates to a single public authority, even if it has designated more than one CPIO,
    then, the first CPIO who deals with an application should collect information from
    other CPIOs within the same public authority and furnish the same to the information
    seeker. Forwarding the application to another CPIO within the same public authority
    is not envisaged in the Act. Only when the information pertains to another public
    authority, then the application can be forwarded in terms of Section 6(3).


    3. Appeal No.1816/ICPB/2008

    In respect of query no.5, the PIO has stated that the appellant can collect this information from CWC, Bhopal. When a citizen files an application under RTI Act it is for the PIO to collect the information from the person and provide it to the appellant. It is not expected that the applicant should approach various authorities under the same public authority to collect the information. I, therefore, direct the PIO to collect this information and provide the same to the appellant within 15 daysí

    If the PIO's are in different PA's, then Sec 6(3) comes into play. There is no obligation on the recipient PIO to follow up, collect the information from the "second" PIO, and provide to the applicant. At the most, if the recipient PIO wants to be extra cautious, then he will forward the RTI application to the "second" PIO with the request to keep him informed about the reply sent to the applicant.



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