Information was solicited as to Asst Public Information Officers who are not empowered under RTI can furnish/reject information in the following manner
"Circular reference or instructions which authorises ASPIO to furnish informaation in violation of RTI Act"
The following reply was furnished by SPIO
The state assistant public information officer/Chief Ministerial officers working in District Courts and subordinate courts are vested with powers to act as State Public Information officers, under the rules framed by the High Court as per Sec.2 (c) of RTI and the section reads as follows:
" CPIO means the CPIO designated under Sub-section (1) and includes a CAPIO designated as such under sub-section (2) of Sec.5
My contention:
As a lay person and common man as I understand from CIC decisions that Asst Information officers without designating themselves are not empowered to furnish/reject information under RTI ACT.
Query:
I solicit expert opinion as information is proper/correct as per law and as to whether the contention of SPIO is valid.
As per the RTI Act, 2005, only the PUBLIC iNFORMATION OFFICER is empowered to furnish information & PIO is liable to be punished u/s 20 of the ACT, 2005 for non furnishing information within the specified 30 days u/s 7 ( 1 ) of the Act, 2005. The Bench Clerk & Sheristadar of the DISTRICT COURT are designated as ASSISTANT PUBLIC INFORMATION OFFIERS by the HON'BLE HIGH COURT, which is against the RTI Act, 2005. Whether this is legal or not?? Please ciarify.