kavksatyanarayana (subregistrar/supdt.(retired)) 05 June 2013

Rti-whether pio can reject the application

Dear Experts, i am putting this in academic interest.

No doubt the RTI Act prevents corruption and is a weapon in the hands of the citizens of India. All citizens of India have a right to seek information from a public authority. but, for example:

A PIO under RTI Act has received an application under RTI. The applicant requested to send information regarding the appointment of out-sourcing staff such as JR.Asst., Typist, and other lower category posts in all the Govt.departments in the entire district for the period from the year 2007 to till date with roster points etc... In this regard, the applicant may seek information actually what he wants. but in this case the information sought for is for the entire district and for all departments. so can the pio may give the information which is available with him? or shall the PIO obtain the information from all the departments in the district and after receipt of full information, send to the applicant?

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1 Replies

(Guest)

@Querist,

Before saying anything to you,I would like you to take a look over what the act(here act means RTI Act 2005)says-

6. Request for obtaining information.—(/) A person, who desires to obtain any information under this Act, shall make a request in writing or through electronic means in English or Hindi or in the official language of the area in which the application is being made, accompanying such fee as may be prescribed, to—

.........

Provided that where such request cannot be made in writing, the Central Public Information Officer or State Public Information Officer, as the case may be, shall render all reasonable assistance to the person making the request orally to reduce the same in writing.

..................

(3) Where an application is made to a public authority requesting for an information,—

(i) which is held by another public authority; or

(ii) the subject matter of which is more closely connected with the functions of another public authority, the public authority, to which such application is made. shall transfer the application or such part of it as may be appropriate to that other public authority and inform the applicant immediately about such transfer:

Provided that the transfer of an application pursuant to this sub-section shall be made as soon as practicable but in no case later than five days from the date of receipt of the application.

See the above highlighted sentences.

Now,these sentences are self-explanatory where it's clear that the information which is held by another public authority would only be given by that public authority and there shall be the duty of the PIO/CPIO to inform the information seeker about what matter has been transferred to other public authorites but the concerned information will be given right there.

Further.....(if need so arises)

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,