Re: [rti4empowerment] First Appeal before FAA - DoPT

Dear Roy Sir, thanks for your clarification.
 
Once again you are confused and  wrong in respect of  point A of your post  where you said that "CPIO is not supposed to accept RTI/ Fees from the applicants".

The appointment of ACPIOs in  all administrative units  or offices is only to help the RTI applicant to approach the public Authority which is nearer to him. The application has to  reach  CPIO ultimately in physical form since it is CPIO who has to supply the information. Section 5 you referred  deals with the appointment of CPIO and ACPIO's . so, it is wrong to say that CPIOs is not supposed to receive the application.

 The proper section you need to refer in this aspect is  section 6(1)(a) of the Act where it is clearly mentioned that

"6. (1) 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—

            (a)        the Central Public Information Officer or State Public Information Officer, as the case may be, of the concerned public authority."

so,  an applicant can surely make an application to CPIO and he is duty to bound to receive the same. The time starts from that  date of receipt of application and five days grace period is not applicable in such case.Since CPIO is functionary of the Public Authority it is deemed to be received by him.

The Judgment given by shri. M.K.Gupta too would support above stand. In many cases, I have submitted the application personally to the office of CPIO by obtaining his seal and signatures. Hence, CPIO is legally  duty bound to accept the application and provide information as per the provisions of the Act.

Regards.

umapathi.s 

   

On Sat, Mar 26, 2011 at 8:46 AM, Sarbajit Roy <sroy.mb@gmail.com> wrote:

Dear Mr Umapathi

What you are saying is not a new view, it has been previously discussed threadbare on the RTI_India forum with valuable inputs from our esteemed members like Ashish Kumar (who wrote the book - now in its 12th ?? edition and 935 pages - on how PIOs can evade giving information to silly little RTI activists whose heads are filled with nonsense).

In short

A) A CPIO (as defined in 5(1)) is not supposed to accept RTIs / fees from the applicants. That is the job of the CAPIO (defined in 5(2)) who acts as a postman.

B) The job of the CPIO is to "deal with" information requests and assist the applicants. The CPIO can only deal with (3rd party notice/fee computation/denial in 30 days for 7-1 etc.)  the RTI request after he "receives" it. The time for transmission of a RTI request to the "dealing" CPIO is limited to 5 days in the ACT.

Hence there is no basis in law - RTI Act - for you to say that 30 days begins when RTI application is received by PA, the Man of OffProc notwithstanding. <----- note this carefully.

Sarbajit

On Mon, Mar 21, 2011 at 8:16 PM, umapathy subramanyam <umapathi.s.rti@gmail.com> wrote:

Dear sir, Technically, Mr. Roy is wrong to say that the PIO's clock ticks only from the date of receipt of application physically by PIO. Section 6(1) of RTI Act says that the application to be submitted to PIO of concerned public Authority. so, when the application  reaches the Public Authority , not the PIO , the countdown of  30 days begins. Moreover,  Same section also stipulates that the application can be submitted through electronic means. so, the best way is to send the application to PIO by e-mail  followed by hard copy by speed or registered post.

Regards.

umapathi.s

On Tue, Mar 22, 2011 at 8:25 AM, Manoj Pai <manojpai@yahoo.com> wrote:

So one would have to do a Prof Ansari against them. Use their own manual against the CPIO, which clearly states that all letters / communications should be diarised on the same day of its receipt in the office. Later, it should be sent to the concerned officer on the same or next working day. Which means, the application should be delivered to the concerned CPIO latest by the next working day. If what you say is true, the onus would then be on the CPIO, that he was not in his chamber for the next 15 days. Of course, he will conceal the fact that all officers have to maintain a Movement Register. So it is all open to us, to seek inspection of not only the diary register, but the Movement register of the CPIO as well. Manoj PS: It was Prof. Ansari who used the DoP&T Manual of Officer Procedure, against them in the full bench CIC Decision, in the matter of Pyarelal concerning file notings. --- On Tue, 3/22/11, Sarbajit Roy <sroy.mb@gmail.com> wrote: From: Sarbajit Roy <sroy.mb@gmail.com> Subject: Re: [rti4empowerment] First Appeal before FAA - DoPT To: rti4empowerment@googlegroups.com Date: Tuesday, March 22, 2011, 7:04 AM The DoPT PIO's clock starts ticking only when the RTI request reaches him physically. So although it may have been received by the DoPT's dak section on date 1, it usually takes about 15 days extra to reach the PIO's desk