Home Case Index All Cases Indian Laws Indian Laws + Commission Indian Laws - 2014 (1) TMI Commission This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (1) TMI 1092 - Commission - Indian LawsRight to information - Held that:- sub-section (3) can be invoked when RTI application is to be transferred from one ‘public authority’ to another ‘public authority’. However, this Commission has interpreted this sub-section to mean that RTI applications can be transferred by one PIO to another PIO within the same public authority. This interpretation has been made for practical reasons - it is permissible for a CPIO to transfer RTI application of part thereof to another CPIO within the same public authority - CPIO can transfer the RTI application in entirety or in part. We expect the queries to be self speaking. If so, the ‘subject matter’ thereof becomes irrelevant - As per Section 5(2), APIO is empowered only to receive RTI applications and then transmit them to the CPIO concerned. On the other hand, CPIO is empowered not only to receive RTI applications directly but also to respond to them. Hence, the functions of the CPIO and APIO are distinct and not co-equal. If FAA in PHQ is the FAA of competent jurisdiction, then he is required to decide the first appeal on merits. But if FAA/PHQ is not the jurisdictional FAA, then he or anybody on his behalf can transfer the first appeal to the jurisdictional FAA - An FAA can transfer the first appeal to another FAA if he does not have jurisdiction over it and the transferee FAA has territorial jurisdiction in the matter - Only one First Appeal can be filed from the order of the CPIO. The law does not contemplate filing of two First Appeals before two different FAAs. Hence, the passing of two different orders by two different FAAs in the same matter is not understandable - Decided in favour of appellant.
|