Dear Mr. Karira,
I am lost in the new format of the forum. Let me reorientate myself. For the time being I am searching for the private message you had sent to me. Still I could not locate
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The reply to RTI application has to be signed by the PIO himself. Even if he has not signed himself the designated PIO in person will be responsible for the furnished answer. As for as the applicant is concerned he should reckon the reply as authrentic and proceed further as if the reply is genuinely furnishedf by the PIO. If the reply is very vital and worth persuing, I would have sought inspection of the files containing the genuine signature of the designated PIO. I would have made an application for inspection wording in such way that I suspect the authenticity of the signature of the reply.
I am sharing my experience with the Mumbai Police when one of my applications was transferred to all police station. The Senior Inspectors of each police station responded. The information/s were furnished to me with the signature of the regional PIO of each Police Station's jurisdiction. This ensured that the PIO who had transferred the application to other public authority has ensured that the information is furnished. Even the Regional offices were kept in the loop. Hence the application was responded though mostly misleading and false information/s were furnished and some Police Stations did not prefer to respond because the response could have inculpate the Senior officers of these Police Station. Some even demanded that I pay Rs.6 for the response wherein I had put my foot down and told them that furnishing information cannot be termed as generation of information hence they not enjoy the powers to charge me. Matter was decided ex-parte by the SIC but it was noted on the order that the issues raised by the applicant are of serious nature and a copy of this order be forwarded to the Commissioner of Police for appropriate action. I think in such a situation to follow this route would ensure that the PIO has at least signed the cover page. Happy information seeking.
According to my knowledge that in RTI act the PIO has the only authority to give reply to rti application. but in Rampura Phul City's Muncipal Office all the RTI applications are dealt only by APIO. The APIO had given reply to every letter u/s rti and he had alone represent his office at State Information Commission.
Please guide me is that pratice is correct. If not, then but steps will be taken in the matter.
I think Section 5 (5) is clear on this subject.
Section-7(1) provides that CPIO or SPIO, as the case may be, on receipt of request under Sec-6 shall, as expeditiously as possible, and in any case within thirty days of receipt of request, either provide information on payment of such fee as may be prescribed or reject request for any of the reasons specified in Sections-8 and 9. In view of this, it is the CPIO or SPIO who should provide information or reject the request.
In terms of Sec-5(2), the duty cast upon the APIO is to receive applications for information or appeals under the Act for forwarding the same forthwith to the CPIO or SPIO or senior officer specified under Sub-Sec(1) of Sec-19 (FAA) or CIC or SIC.
In terms of Sec-7(2), if the CPIO or SPIO, as the case may be, fails to give decision on the request for information within the period specified under sub-Sec(1) of Sec-7, the CPIO or SPIO, as the case may be, shall be DEEMED TO HAVE REFUSED THE REQUEST.
Further, in terms of Sec-7(3), when decision is taken to provide information, intimation shall also be sent to the person making request by the CPIO or SPIO.
APIO is not the prescribed statutory authority to give decisions and intimation in terms of Sec-7 of the RTI Act. The Act is crystal clear on this aspect.
Satyameva Jayate सत्यमेव जयते