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No. CIC/AT/A/2006/000662 · 2008-04-29
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Circular numberNo. CIC/AT/A/2006/000662
Date2008-04-29
TypeCommercial Circular
Topicticket-checking

Summary

If there is a relationship between the information held by public authority addressed and the public authority that holds information, citizen can rightly expect PIO to forward it to appropriate public authority – Section 6(3).

Text of the circular

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# ROLE OF Central Public Information Officer & 1st Appellate Authority  UNDER Right to Information Act 2005

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# DIFFICULT -TERRINS

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UNSETTLED
LEGAL CONCEPTS

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PIO

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POOR RECORD
MANAGEMENT
SHORTAGE OF
INFRASTUCTURE

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VOLUMINOS
QUERIES

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Duties of PIO
Receiving the request
Scrutinizing
Transferring to other
PIO / other Public Authority
Seeking information from
concerned officials
Making Decision on
Personal Information
Third Party information
Compiling
& Replying
within permitted time

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# Qualification of PIO
QUALIFICATION NOT PERESCRIBED

AS MANY PIOs AS NEEDED

SHOULD BE A GAZETTED OFFICER

IF NEED BE CAN APPOINT AN APIO

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# Vague /absurd request
PIO TO CALL REQUESTER

CLEAR CONFUSIONS

EVEN IF NO SUBSTANCE - REPLY

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# Request in official capacity
Sec-3: All  citizen have right to information.

GS, Kerala People’s Forum request denied by PIO

Denied by PIO as Kerala people’s Forum is not citizen.

Vide order No. CIC/AT/A/2006/000662 Dt.06.03.07 upheld the decision of PIO.
Request for Information in letter head by an individual cannot be denied. [Ms. J.D. Sahay v/s Ministry of Finance/NDLS-CIC/AT/A/2008/00027-Dt. February 6, 2009]

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# APPLICATION WITHOUT FEE
PIO to inform requester to remit application  fee of Rs. 10/- if not received with request.

No such fee will be charged from the person residing BPL as per section 7(5)

Not to reject request if excess amount paid

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# FEE NOT THROUGH PROPER MODE
IPO in name of wrong authority. Requester informed.

No  denial of information.  Requester to remit fee in name of authority specified by PIO. [CICWB/C/2008/00258/SG/1698 Mr. Kishore Kumar v/s.   PIO/Vigilance Department/MCD/NDLS Dt.16/02/09.]

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# Information already in public domain
Information like Act, Rules,  etc.  already in public domain  and are easily accessible. No obligation to PIO to furnish the same. [Ashish Khare v/s Fishery Survey of India-CIC/AT/2006/00336. Dt.25.10.06.]

However, information available website, request to be considered. (CIC/OK/A/2006/00046 -02.05.06)

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# VOLUMINOUS QUERIES
Upheld PIO’s advise to requester to come  to and inspect concerned file and authorized to take photocopies of  documents  on payment of prescribed fee.[S. Kalyanasundaram V/s  Southern Railway-No.CIC/OK/A/2007/01437 / 29 April 2008]
Disproportionately diverting resources.  Commission asked requester to prioritize the issues to not more than 5 to 6. [Mr.L.Arputharaj v/sSouthern Railway, Ponmalai -CIC/OK/A/ 2008/  00906-AD -Dated June 18, 2009

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# VOLUMINOUS QUERIES

EXCEPTIONAL APPROACH :
Several types of information for so many years requested. PIO supplied  some information, which were readily available, and informed requester that to compile & supply extra person has to be engaged & emoluments will work out to Rs.23,593/-. There would be additional cost involved for  sending staff to other stations for collecting information.
Commission’s Order : Directed requester to :
(i) scale down his request for information and make it more limited, so that the information can be compiled easily by the respondents; or
(ii) to accept the offer of the respondents to visit the office for himself, go through the  records, an get photocopies of the documents ;or
 (iii) pay the amount asked for by the Department .
K.R. Ram Kumar v/s S Railway /CIC/OK/A/2007/01430-30/04/ 2008.

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#
If information is given to comply with the provisions of other Acts/Rules,PIO cannot ignore request for providing it  under RTI.
[Mr. Mahavir Prasad 

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