Many Indian citizens use the Right to Information (RTI) Act to get information from government departments. Sometimes, the information you need might be held different department. This case highlights an important question: Does the Public Information Officer (PIO) have to chase down information from other public authorities for you? Let’s explore this crucial aspect of RTI and what it means for your applications.
Background: What Information Was Sought
An applicant filed an RTI request with the President’s Secretariat. They wanted to know what action had been taken on their representation. This representation was about seeking legal advice from the President to potentially approach the Supreme Court for changes in certain recruitment rules. The Public Information Officer (PIO) of the President’s Secretariat responded that the applicant’s petition had been forwarded to the Secretary of the Ministry of Defence for further necessary action. The PIO advised the applicant to approach the Ministry of Defence directly for the information.
How the Public Authority Responded
The PIO’s response indicated that the President’s Secretariat had forwarded the representation to the Ministry of Defence. They did not provide details about the action taken Ministry of Defence. Instead, they directed the applicant to the relevant ministry, suggesting it was the applicant’s responsibility to follow up there.
The CIC Hearing: What Happened
During the hearing before the Central Information Commission (CIC), the appellant argued that the PIO should have either transferred the RTI application to the Ministry of Defence under Section 6(3) of the RTI Act or proactively collected the information from the Ministry of Defence and provided it. The appellant believed that if the PIO did not possess the information, they had a duty to obtain it from the correct authority or direct the application appropriately. The respondent from the President’s Secretariat maintained that they had informed the appellant about the action taken office, which was forwarding the petition, and that was all the information they possessed regarding the initial step.
The CIC Order and Its Significance
The CIC, in its decision, clarified the role of a PIO in such situations. The Commission observed that the President’s Secretariat typically forwards citizens’ petitions to various authorities for action. In most such cases, they do not solicit action-taken reports themselves. Therefore, the most information they can provide is the date of forwarding and the name of the authority to whom it was sent. The CIC pointed out that the appellant already knew their petition had been sent to the Ministry of Defence and should have pursued the outcome from that ministry. Crucially, the CIC stated that it is not within the duties of a PIO to collect information about actions taken public authority and then provide it. However, recognizing the applicant’s need for the information, the CIC directed the PIO of the President’s Secretariat to formally transfer the RTI application to their counterpart in the Ministry of Defence. This ensures the application reaches the authority that can actually provide the details about the action taken.
Key Lessons for RTI Applicants
- Lesson 1: Understand PIO’s Limitations: A PIO is responsible for providing information held own department. They are generally not obligated to collect information from other public authorities unless the RTI application is specifically transferred to them under Section 6(3) or they are the deemed PIO for that information.
- Lesson 2: Use Section 6(3) Wisely: If you believe the information you seek is held public authority, clearly state this in your application and request the PIO to transfer it under Section 6(3) of the RTI Act. This section allows the PIO to transfer the application to the appropriate authority if the information is not available with them.
- Lesson 3: Follow Up with the Correct Authority: If your application is forwarded or transferred, make sure to follow up with the receiving authority. The initial department might only be able to confirm the forwarding, not the subsequent action.
How to File a Similar RTI Application
- Identify the Correct Department: First, try to determine which government department or authority is most likely to hold the information you need.
- Draft Your RTI Application Clearly: State your request precisely. If you suspect the information is with another department, mention this and request transfer under Section 6(3).
- Address it to the PIO: Send your application to the Public Information Officer (PIO) of the primary department you are contacting.
- Pay the Fee and Submit: Pay the required RTI fee (usually ₹10) and submit your application through the designated channels (online portal, post, or in person).
Sample RTI question you can use:
“Please provide details of the action taken on my representation dated [Date of Representation] concerning [Briefly mention the subject of your representation], which was forwarded to the Ministry of Defence. If this information is held public authority, please transfer this application under Section 6(3) of the RTI Act, 2005, to the appropriate authority and inform me of the transfer.”
Conclusion
This case serves as a valuable reminder that while the RTI Act is a powerful tool, understanding the procedures and the roles of public authorities is crucial for successful information retrieval. PIOs are not always required to chase information across departments, but they must ensure your application is handled correctly, either the information or it to the authority that can. your RTI applications strategically and understanding these nuances, you can effectively exercise your right to information.
