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Thread: Can Information Officer direct to approach other authority

  1. #17

    Re: Can Information Officer direct to approach other authority


    Sir

    i mean the officer has been posted out from public auth appointment of organzation A to become public auth of organzation B.

    I applied to PIO of org A to seek information OF CERTAIN ISSUES when the officer was as Public aUTH IN Org A. The PIO is saying he does not hold offical recorsd of decesion making of the officer when he was in Org A as PA. Now since he has gone to Org B,i should bother PIO of Org B.

    I am asking PIO of org A to use section 5 and ask the information concerning issues of past of org A FROM THAT OFFICER who is in Org B.

    Should PIO of Org A use Sec 5 or 6 from Ex Offical to trace missing files. That officer just cannot walk away unaccounted just because he is in transfer to Org B.



  2. #18
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    Re: Can Information Officer direct to approach other authority


    It is immaterial who is the PIO, whether is his transferred from PA A to PA B, and where is he now.

    The main question you have to ask yourself is "where is the information" lying. The PIO cannot carry the information from PA A to PA B when he moved there.

    When the PIO told you that he does not hold official records, did he reply to you in writing or verbally, Verbal replies have no meaning under RTI. The PIO does not hold all records. They might be lying anywhere in the organisation and he has to seek them from other officers and give the information to you.

    Sec 5 applies only if it is within the same organisation and there is no case made for a Transfer of application.

    If the organisation is different then the recipient PIO should himself transfer the application to the PIO whose PA holds the information under Sec 6(3). This transfer has to be made within 5 days of receiving your application and under intimation to you.

  3. #19

    Re: Can Information Officer direct to approach other authority


    Fine i am sending another RTI to original PIO where the officers were posted earlier who failed to process my case timely, the PIO is saying there are no record of my letters and also decsion making documents Ex offical have either retired or gone on posting to org B. .the questions are like this.Please correct me if i am ok


    (a) Please provide me copy of Ex Offical remarks justifying reasons for not processing my application if they had any objections

    or

    (b) Please forwards me copy of processing my official application by them to next HQ for recommendation if they had no intention of blocking my interview with concerend seniors

    (c) Please provide me dissenting and concurring documents/noting sheets of Ex offical to be accompanied with my applications

    (d) Please provide me correspondence wrt quasi decisions on my applications forwarded officially by me. ( the proof i have already given)

    Every Government Action and Public Auth decision is based upon law/rules/act and set procedures. Please provide me the certified copies of the guidelines/rules/procedures, the "convention" or "normal practice" followed by Org A in processing an officer application and complaints by seniors in the hieracrhy

    I also want information if Ex offical have not done their duties

    (a) Please now provide me copy of seeking reasons from Ex offical if they are denying of these applications being perused by them.

    (b) If reply is received from them, please provide copy of that reply to me.


    (c) Please provide me rules and procedure of how HQ 'A' should assess any arbitrariness in the process or voilations of its HQ established norms by its present or Ex official.


    (I) How are violations of established processes dealt in HQ 'A' ?

    (II) How are violations in HQ 'A' reported to higher HQ

    (iii) How is HQ 'A ' taking action against an Ex offical in violation of organization process

    (iv) If any action has been taken against the Ex officers for violating the rules or regulations as now reported by me , please inform me the details of the action taken, if any inquiry held, outcome of the inquiry and the final action taken on the officer

    (v) If no accountablity of Ex offical is there, please specify reasons.

    (vi) Does the record contain the views / opinions of any officer/authority on such voilations and what does the record says how such officer be dealt with



    ,

  4. #20
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    Re: Can Information Officer direct to approach other authority



    Vikram,

    Please redraft your RTI application - most of the queries will be denied as "not information" or under Sec 8 or 9.

    Please refer to the online RTI act at act.rtiindia.info

  5. Re: Can Information Officer direct to approach other authority


    Sir, I have asked information relating a GO that is mentioned in a proceedings(orders) issued by an office.
    But they have sent that ," the information asked by you is not related to that department. and you have to ask information relating that department."
    But , I have asked information on an orders issued by the same office.They didnt follow Sec 6 (3). And even they didnt direct me to approach another department.And that too information was provided after I filed my first appeal, that the PIO didnt gave me information.

    What should I do now??Go for Second appeal in State Information commission or addendum to First appelate authority again??

  6. #22
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    Re: Can Information Officer direct to approach other authority


    Quote Originally Posted by jps50 View Post
    I invite kind attention to OM of DoPT dated 12-06-2008. It clarifies the whole issue of transfer.
    This circular was struck down by SG vide decision No. CIC/SM/A/2011/000278/sg/12906 dated a6 June 2011, as it was inconsistent with the provision of law as contained in Section 13 of the General Clauses Act 1897.

  7. Re: Can Information Officer direct to approach other authority


    Sir, I have asked information relating a GO that is mentioned in a proceedings(orders) issued by an office.
    But they have sent that ," the information asked by you is not related to that department. and you have to ask information relating that department."
    But , I have asked information on an orders issued by the same office.They didnt follow Sec 6 (3). And even they didnt direct me to approach another department.And that too information was provided after I filed my first appeal, that the PIO didnt gave me information.

    What should I do now??Go for Second appeal in State Information commission or addendum to First appellate authority again??
    Right to information means the right to information accessible under this Act, which is held by or under the control of any public authority .... . Thus, your right is only to seek information held by that particular authority. You cannot file RTI Application with the PIO of Police Station and seek the List of BPL Card Holders of that area. The question of transfer comes when the public authority which receive the RTI application knows as to which other pubic authority hold the demanded information. If you file RTI Application with the District Employment Officer and seek - the list of employees retired from Thane District during 2010, what the PIO is expected to do?

    Wait for 30 to 45 days from the date of submission of first appeal and thereafter file Second Appeal, if you do not receive any decision from him.

    SECOND APPEAL GUIDE (Central) by jps50
    https://www.rtiindia.org/forum/blogs/...uidelines.html

    SECOND APPEAL FORMAT (Central) by jps50
    https://www.rtiindia.org/forum/blogs/...ic-format.html

    SECOND APPEAL STATE by jps50
    https://www.rtiindia.org/forum/blogs/...formation.html
    Satyameva Jayate सत्यमेव जयते

  8. #24

    Re: Can Information Officer direct to approach other authority


    Dear Senthil and All friends,
    As per section 6(1), one has to make an application to the PIO of the concerned Public Authority (PA). In case the Information is not held or under control of that concerned PA and the PIO knows that another PA holds the information only in that case he will transfer the application under section 6(3). The PIO is not supposed to transfer the application to many PAs as the act has used another word in sec 6(3). So one should be very careful and make the application to the PIO of the concerned PA. However within the PA the PIO can not ask to approach another PIO nor transfer the application to another/other PIO/PIOs who holds the Info. In the matter of P Rajan V/S Ministry of Company affairs Complaint No.ICPB/C1/CIC/2006 March 6, 2006 and Sarbajit Roy V/S DDA Appeal No. 10/1/2005-CIC deecided on 25.02.06 the full bench if Central Info Commission has very well settled the issue. Both the decisions are available on the web side of Central Info Commission. Please read the decisions.
    Nitin Singhvi

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