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  1. #17
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    C J Karira
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    Re: Is Signature of PIO/CPIO a must on the reply...


    Quote Originally Posted by abhijeet View Post
    I had received many replies signed by the new PIO, in case of those applications transferred under Sec 6(3). To me this procedure was correct. But what should be the role of APIO ? Is he or she entitled to send reply under his/her signature in stead of that of PIO ? Yesterday I received one order of 1st appeal , in which AA did not sign , copy of his order was attested by the SAPIO and sent to me . Will it be the AA only to sign the order ?
    Abhijeet,

    APIO signing for PIO or for AA
    ====================

    Please see the following decision of the CIC:

    http://cic.gov.in/CIC-Orders/Decision_05052006_3.pdf

    The appellant has complained that the APIO, rather than the PIO had furnished
    him the reply dated 8.11.05, which did not carry the name of the designated PIO, nor did
    it mention the name of the appellate authority before whom the appellant could file his
    appeal against the order of the PIO. It is the appellant’s case that the APIO’s
    responsibility under Section 5(2) of the RTI Act is limited only to receiving the request
    for information or an appeal and to transmit the same to the appropriate PIO or to the
    Central Information Commissioner as the case may be. The APIO cannot take on himself
    the duties and the liabilities of a PIO as contained in Section 5, sub section (1), (3) (5)
    and Sections 6 and Section 7 of the Act. It is the contention of the appellant that the
    failure of the APIO to mention the name of the PIO in his order dated 8.11.05 was a
    serious error which was further compounded by the APIO’s misjudgement in
    unauthorisedly stepping into the shoes of the PIO.

    From the stand-point of the technicality of the RTI Act, the appellant, no doubt,
    has a point. The Act has surely limited the APIO’s role only to receiving applications for
    information and appeals and transmitting the same to their proper destination. His
    responsibilities are not co-extensive with the PIO’s.

    We would, however, like to limit our examination of the case only to the point
    whether this action of the APIO created any special disability for the appellant in
    exercising his rights under the Act.

    We agree with the appellant that in the normal course an applicant for information
    has a right to receive the reply from the PIO and the PIO only. We, however, see no legal
    difficulty in the PIO using the services of an APIO to transmit the former’s decision on
    the application for information through the APIO. In our understanding, this will not lead
    to any miscarriage of justice or place undue restriction on an information seeker’s rights
    under the RTI Act. We, however, like to caution that any order issued by a APIO on
    behalf of PIO must clearly state that the former was only transmitting the orders of latter
    and should also state the name and the designation of the PIO on whose behalf the
    AAPIO might be acting. This will enable the information seeker to bring against the PIO
    any charge of delay etc. if that happens to be the case.



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  2. #18
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    Col NR Kurup (Retd)
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    Re: Is Signature of PIO/CPIO a must on the reply...


    I donot agree with the contention of the CIC.

    The CIC says that " they see no legal difficulty in the PIO using the services of APIO to transmit the former's decision on the application for information through the APIO" . Here there is no proof that the PIO has used the services of an APIO. It could be the APIO fraudulently misappropriating the powers of PIO to cover up his own corruption. The RTI Act has made only the PIO accountable and not the APIO. The APIO may say that he is issuing under the orders of PIO. How does an applicant know that such orders are issued by APIO is with the concurrance of the PIO ? The PIO may not even know it.

    The APIO might use this opportunity to hide his own deeds which he does not want the PIO to know. But at a later stage when the entire episode is exposed the PIO can get away with a plea that he is not at all aware of it. If the PIO take such a stand an applicant or even the CIC will not be able to do anything. Therefore it is a legal matter.

    It will involve miscarriage of justice as the PIO can safely stand scot free defeating the very fundamental aim of accountability envisaged in the Act

    The reply therefore has to be signed by the PIO himself as it is a question of accountability.

  3. #19
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    Re: Is Signature of PIO/CPIO a must on the reply...


    Sirs,

    I fully agree with the comments of colnrkurup ji, and further want to add one point that some of the certified copies of documents are signed by the some officers who are not the custodians.

    Hence I suggest that the certified copies should be signed by at least of the rank of Group A officer, and should be counter signed by PIO for attenticity.

    rakatkam.

  4. #20
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    Re: Is Signature of PIO/CPIO a must on the reply...



    I look at this way. One ask the PIO for an information after paying in advance the charges prescribed for his services. As per Section 7, the PIO, on receipt of a request under Section 6 shall as expeditiously as possible,................either providethe informationon payment ................or reject the request.......... Unless it is personally signed by the PIO he cannot claim or prove that HE has provided the information. If HE has not provided the information legetimately, it is as good as rejected or denied etc.............

  5. #21
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    C J Karira
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    Re: Is Signature of PIO/CPIO a must on the reply...


    Please also see the following thread:

    http://www.rtiindia.org/forum/3584-a...html#post12325
    Twitter: @cjkarira

  6. #22
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    Nimesh Dave
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    Re: punishment other than PIO?


    Sir
    I had applied more than 10 different applications under RTI Act. in a government office. Some of the replies of my applications were given and signed by other junior officers/clerical employees. These replies were not given by the PIO of the office. Recently there is a news in local news paper about forged signature scandal in that office. I have a doubt that my RTI applications were wrongly replied by other than PIO of the office. My queries are

    Whether any officer other than designated PIO can reply under RTI act ?

    What remadies are available to me in my case because I have doubt that I am not provided correct Information. ?

  7. #23
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    C J Karira
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    Re: punishment other than PIO?


    Quote Originally Posted by nimeshdave View Post

    Whether any officer other than designated PIO can reply under RTI act ?

    What remadies are available to me in my case because I have doubt that I am not provided correct Information. ?
    Your post has been merged with another thread on the same subject/topic.
    Please read the full thread above - there are 2 pages.


    You should have first filed a first appeal and then a second appeal - citing this as a ground for appeal (besides the other grounds you had).

    The first appeal time limit is 30 days and the second appeal time limit is 90 days (Time limits specified in the RTI Act - Guide)
    Maybe the time limits are over and it is too late now.
    Twitter: @cjkarira

  8. #24
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    Atul Patankar
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    Re: Is Signature of PIO/CPIO a must on the reply...


    Nimesh,

    May be you can make a fresh application listing your applications (and inward number/ date if any) and the replies you received (and outward reference/ date). You may ask for the name and designation of the person signing reply. You may make a seperate application asking for copies of appointment letters of PIOs in the office.

    This may give you sufficiant material to either file a compliant with information commission; or if you feel there is some forgery, for a police complaint .

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