Right to Information Act 2005
Vinaya Chandra Pande
(Querist) 13 March 2010
This query is : Resolved
The term "officer" has been used inter alia in sections 5(2), 5(4), 5(5), 8(1)(i), 13(6), 16(6) and 25(3)(d)of the Right to Information Act 2005, but has not been defined anywhere therein. In the absence of any such definition, what criteria are legally permissible to deploy to determine whether an employee of a public authority, as defined in the Act, is to be treated as an "officer" or as an ordinary employee? Is there any provision of another law that may be validly resorted to for making a distinction between 'officers' and other employees?
Raj Kumar Makkad
(Expert) 14 March 2010
Though there is no definition contained in this act namely officer but it contains a condition wherein it is held that each and every office shall designate competent officer responsible for providing the demanded information and almost all departments have publicly announced such officer and have also displayed on their boards.
Kumar Thadhani
(Expert) 14 March 2010
I do agree with expert. Mr. Makkad.