R.T.I. Act.
Querist :
Anonymous
(Querist) 11 June 2011
This query is : Resolved
Can some one give me citations on section 6 of R.T.I. Act.
prabhakar singh
(Expert) 11 June 2011
Decision Notice
As given in the decision
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000448
ORDER
Background
1. The Applicant filed an RTI Application dt.15.7.10 with the PIO, Central Railway Mumbai seeking information against 28 points running into 17 pages with regard to irregular fixation of pay scale and cash allowances of the staff of Accounts Department, which leads to variation of pay scale between Accounts Department and other departments. Shri V.A.Malegaonkar, PIO replied on 13.8.10. With regard to points 1 to 12, 18, 19 and 25, he requested the Applicant to deposit 18/ towards supply of 9 pages of documents. With regard to other items, he stated that the RTI application does not pertain to his Railway and advised the Applicant to approach the appropriate Public Authority for the same. The Applicant filed an appeal dt.20.8.10 with the Appellate Authority stating that the RTI application ought to have been transferred to other 41 other Public Authorities u/s 6(3) of the RTI Act. Shri S.V.Arya, Appellate Authority replied on 28.9.10. With regard to Applicant's query regarding nontransfer of RTI application to concerned public authorities, the Appellate Authority replied as follows:
'It is settled law that under section 6(1) of the RTI Act, 2005 applicant is required to apply to the 'concerned' public authority. In the instant case, DGM & PIO(HQ), Central Railway is not the concerned public authority for several items as yourself have admitted by mentioning that the RTI application should have been transferred under section 6(3) to different ministries. Since you are aware of the concerned public authority you may, therefore, apply directly to the concerned public authority under 6(1) of the RTI Act. In this regard it is settled law that section 6(1) is a general rule wherein every information seeker is required to seek information from 'concerned' public authority. Section 6(3) is only an exception and it cannot be read independent of section 6(1) of the Act.' The Appellate Authority also provided 9 pages of documents. Being aggrieved with the reply, the Applicant filed a second appeal dt.16.12.10 before CIC running into 11 pages stating that information against points 6 and 7 are important to him. Decision
2. The Appellant is advised to seek information which is clear and focused on a particular issue and which is available in material form in the records of the Public Authority as explained under section 2(f) of the RTI Act. From the RTI application running into 17 pages, it is not clear as to what exactly the Applicant is seeking against several points. Most of the contents of the RTI application relate to the Applicant's grievance with regard to the functioning of the Railways. It is noted that the PIO has made genuine efforts to glean some information that is being sought from the 17 pages and has provided the information on payment of Rs.18/. The Appellant's complaint regarding irregular fixation of pay are grievances related to his service matters and the Commission is not in a position to grant any relief in this regard. The Appellant is advised to approach an appropriate forum for redressal of his grievances.
3. Nevertheless, the Commission reviewed the information sought against points 6, 7, 8 and 16 and after hearing the submissions of the Respondents directs the PIO to transfer the RTI application to PIO, Railway Board against these points along with a copy of this Order directing the PIO, Rly Board to furnish the information directly to the Appellant by 12.6.11 . With regard to the Appellant's complaint about nontransfer of RTI application to other Public Authorities, the Commission upholds the decision of the Appellate Authority. The Appellant is advised to file a fresh RTI application with the concerned Pubic Authority for the information, if he so desires.
4. The appeal is disposed of with the above directions. (Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
