Upgrad LLM

rti

Retired employee.

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.

 
Reply   
 
Eye Specialist

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.

 
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