TRANSFER OF APPLICATION WITHIN PUBLIC AUTHORITY

Applicants are facing a situation when PIO transfers application to other PIO within the same public authority and advises applicant to collect the same from that PIO.

Under these circumstances, while filing first appeal following paragraphs should be quoted.

A] As per sub sections 4 and 5 of section 5 of RTI Act PIO to whom application is submitted is duty bound to collect information from any source within the public authority and to supply to the applicant. Transfer of RTI application within public authority is against provisions of RTI Act.

B] PIO has also violated directives issued by Government of India
Department of Personnel & Training, North Block, New Delhi as contained in its notification No.1/14/2008-IR dated 28-07-08, which deals with transfer of applications.

C] CIC has been quoted as under in judgement pronounced on 02.09.2009 by HIGH COURT OF DELHI in W.P. (C) 288/2009
CPIO, SUPREME COURT OF INDIA, versus
SUBHASH CHANDRA AGARWAL & ANR [Judges’ assets case]

“23. In view of this, the question of transferring an application under Section 6(3) of the Right to Information Act by the CPIO of the Supreme Court cannot arise. It is the duty of the CPIO to obtain the information that is held by or available with the public authority. Each of the sections or department of a public Authority cannot be treated as a separate or distinct public authority. If any information is available with one section or the department, it shall be deemed to be available with the Public Authority as one single entity CPIO cannot take a view contrary to this.”

Note: I will not advise filing of first appeal, if you get proper information even when application is wrongly transferred. Above paragraphs can be highlighted only when filing first/second appeal for non-receipt of reply or incomplete reply.