CIC | Is there an obligation under RTI Act for public authority concerned to transfer RTI application in case of subject-matter not being under its ambit? Commission throws light

Central Information Commission (CIC): Amit Pandove (Information Commissioner) while addressing the present appeal observed the essence of Section 6(3) of the Right to Information Act, 2005.

In the instant, RTI application information was sought pertaining to the Group-A officers who were drawing reimbursement of tuition fee for their children along with those who had adopted children.

CPIO provided a reply to the appellant and on being dissatisfied, appellant filed the first appeal, FAA upheld the CPIO’s reply.

Aggrieved by the above order, the second appeal was filed under Section 19 of the Right to Information Act on the ground that incomplete information was furnished by the respondent. By the second appeal, the applicant requested Commission to take disciplinary action against the CPIO concerned and sought direction towards CPIO to provide the information.

Appellant submitted that the respondent furnished partial information in response to his RTI application. It was further submitted that the adoption certificate was not provided to him till date on the ground that the original documents are not available in respondent’s office.

Appellant contended that if the service book was not available in their office, the respondent should have transferred the RTI application to the division concerned as per the provision contained in Section 6(3) of the RTI Act.

Respondent submitted that since the then CPIO, was not sure as to where the service book was, he did not transfer the RTI application.

Decision

Commission observed that as per Section 6(3) of the RTI Act, where an application is made to a public authority but the subject matter of the RTI application pertains to another public authority, the CPIO of the public authority receiving the RTI application has to transfer the same to the public authority concerned within 5 days of receipt of the application.

In the present case, the then CPIO instead of transferring of application to the authority concerned merely stated that the information sought for was not available in their office.

The above-stated merely indicates the vacuous and lackadaisical approach towards matters relating to RTI.

Commission taking every serious view of the lapse, stated that,

“Public information officers are entrusted with the responsibility of providing information to the citizen under the RTI Act and it is expected that the CPIO on receipt of a request shall as expeditiously as possible provide the information sought for by the applicant.”

In the instant case, it is pertinent to note that, not only the then CPIO failed to comply by the provisions of the RTI Act, the FAA also disregarded the same.

In view of the foregoing, the Commission directs the respondent to furnish a categorical reply to the appellant with respect to the adoption documents sought by him, as per the provisions of the RTI Act. [Mallikarjun v. CPIO, 2020 SCC OnLine CIC 989, decided on 21-10-2020]

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