What are the specific timings for receiving RTI applications from applicants by Public Authorities in Delhi? - CIC: The application should have been transferred u/s 6(3) to DoPT which is the nodal department responsible for the implementation of RTI Act
10 Apr, 2017ORDER
1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Central Information Commission (CIC) seeking information on three points including
(i) the specific timings of receiving/accepting RTI applications from RTI applicants under the RTI Act, 2005 by the Public Authorities in Delhi and
(ii) whether any public authority in Delhi can refuse to accept any RTI application from the RTI applicant under RTI Act, 2005 simply on the basis that an Indian Postal Order of Rs.10/- is not attached with the application though the applicant is willing to pay the RTI fee in cash.
2. The appellant filed a second appeal before the Commission on the grounds that he is not satisfied with the information provided by the CPIO and that the FAA has not applied her judicial mind and simply relied upon the information provided by the CPIO which is not at all as per the provisions of the RTI Act, 2005. The appellant requested the Commission to direct the respondent to provide the information sought by him.
Hearing:
3. The appellant Shri Pardeep Bajaj and the respondent Shri A.K. Sharma, CPIO, CIC were present in person.
4. The appellant submitted that he had sought information regarding office timings of Public Authorities for accepting the RTI applications. However, he was only informed about the timings followed by the Commission and not by the other Public Authorities. The appellant further submitted that he was advised to approach the Public Authorities concerned instead of transferring the RTI application to the nodal agency concerned.
5. The respondent submitted that point wise information as per available records has been provided to the appellant vide FAA’s order dated 07.10.2015. Hence, no further information remains to be provided to the appellant.
Decision:
6. The Commission, after hearing the submissions of both the parties and perusing the records, observes that information pertaining to the Commission has been provided to the appellant. However, the RTI application should have been transferred under Section 6(3) of the RTI Act to the CPIO, Department of Personnel and Training (DoPT) which is the nodal department responsible for the implementation of the RTI Act. In view of this, the Commission directs the respondent to transfer the RTI application to the CPIO, DoPT under intimation to the appellant for further necessary action, within a period of two weeks from the date of receipt of a copy of this order.
7. With the above observations, the appeal is disposed of.
8. Copy of the decision be provided free of cost to the parties.
(Sudhir Bhargava)
Information Commissioner
Citation: Shri Pardeep Bajaj v. CPIO, Central Information Commission in Decision No. CIC/SB/A/2015/000499, Dated 22.03.2017