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Copy of Liability of PIO&caselaw

No. CIC/AT/A/2006/000662 · 2008-04-29
Historical — likely supersededCircularticket-checking
Historical — likely superseded. This circular predates 2020 and has probably been replaced. Treat it as a record of what the rule was, not what it is. The official Railway Board PDF always prevails over anything shown here.

No official Railway Board PDF has been traced for this entry yet. The text below was read from the document held in the library.

Circular numberNo. CIC/AT/A/2006/000662
Date2008-04-29
TypeCommercial Circular
Topicticket-checking
CurrencyHistorical — likely superseded

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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