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Arvind Singh Chauhan (advocate)     01 October 2010

RTI

I asked information from General manager N H P C. They returned it to me that ask from Public information Officer, Faridabad Haroyana. The letter came from Assistant pubic information officer.

Whether it is right, If not where should I approach. Who is the appellate authority.



Learning

 4 Replies

R.Ramachandran (Advocate)     01 October 2010

Dear Arvind,

Each Public Authority is statutorily required to publish in the website their respective PIOs.  Accordingly, NHPC also would have done it.  One should address the RTI application only to the PIO concerned.

However, in the normal circumstances, the General Manager, NHPC could and should have forwarded such an application to the concerned PIO.  But the flip side of it is that statutorily the reply is to be furnished within 30 days of receipt of the application.  The question will arise whether the number of days have to be counted from the date of receipt of the application in this case by the GM NHPC or by the PIO.  If there is any delay in forwarding the letter by the GM and the intervening time etc., will come into question.

Thus, instead of getting into all these problem areas, the GM would have thought it wise to return it to you with the direction to make the application to the PIO concerned.  (He is right from his side - for he is not supposed to provide the information. )

Arvind Singh Chauhan (advocate)     01 October 2010

Thanks Sir for guidance.

Bayya Reddy (Legal executive )     01 October 2010

Dear Aravin, where you filed application before the  General manager N H P C. but it his duty to forward the same application to the concerned PIO, with in stipulated period, other wise you can question before the CONCERN COMMISSION OF INFORMATION after lapse of stipulated period under RTI Act...

Arvind Singh Chauhan (advocate)     01 October 2010

Thanks Reddy Sir. I checked the Website of NHPC. and find the same person's name and designation as "Assistant public information office", who returned my query.

Now the problem is that whether I should ask the information to Public information office as his letter signify ?

Or should file appeal to Appelate authority whom designnation is mentioned on web site.?

Or Should complain to concerned Information commissioner. I don't know,  who is the information commissioner. Only appealate authority's address is mentioned on the site who is also an officer of NHPC.


Please suggest me the suitable way and The address of the INFORMATION COMMISSION in this matter, as it is a department other than state govt.

Whether I can complaint to State information commission?


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