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Gouranga Dey (Accounts trainee)     21 March 2022

Transferring of an rti application

I have applied a RTI application on 23.02.2022, letter delivered on 25.02.2022 but on 08.03.2022 I got a reply that the letter received by SPIO on 07.03.2022 and the application transferred to another authority.

Now my query is what is the deadline for appeal to the FAA.



Learning

 7 Replies

Kishor Mehta (CEO)     21 March 2022

If the application has to be transfered to other SPIO, it has to be done within five days of the receipt. The time limit is 30 days from the receipt of your RTI application at SPIO office.

G.L.N. Prasad (Retired employee.)     21 March 2022

The focus should be only on getting information as further second appeal takes a minimum of 3 years.  Though Sec. 6 (3) stipulates the 5 days time for transferring the application to another public authority, it is simply a waste of time and amount for going for the first appeal against 1st PIO against delay in transfer.  In fact, there is one CIC decision that if there is a delay, the first PIO himself should get information and provide it to the applicant within 30 days.  In practice, neither PIOs nor appellants are taking this as seriously.

If you have identified the custodian of information, and if you feel that transfer from 1st PIO only, then you can go for an appeal immediately stating that such transfer of application is not proper and justified as the 1st PIO is the custodian of the information. 

If the transfer is justified you can wait for 30+ 5 days from the date of receipt by the second PIO.  Hoping that the second PIO has received your application on 15-3-2022, + 5 days postal transit time, you can go for the First Appeal on or after 20-4-2022.  If you happen to receive the information or denial, 30 days from the actual date of receipt of such information/denial response of 2nd PIO.

Please remember, that even if the matter is delayed for the first appeal, you can always pray for condoning the delay stating some personal reasons.

(There was still a misunderstanding in RTI even within PIOS of the same Public Authority. even after 17 years of enactment, as one PIO transfers the application to another PIO in the same dept and quote Sec. 6 (3) and even some FAAs agree with such defiant action of his PIO. The entire public authority consists of several PIOs. EX:  Police dept is one and the same irrespective of PIOs and transfer from one PIO to another PIO is not a transfer.  But if the Police dept., transfers to another Revenue or Municipality then only it is a transfer)

 

 

 

Dr J C Vashista (Advocate)     22 March 2022

It is 30 days from the date of receipt in the department i.e., SPIO.

G.L.N. Prasad (Retired employee.)     22 March 2022

Query: what is the deadline for appeal to the FAA.
30 days from receipt of SPIO response or 30days from the date of receipt of the application by PIO for filing of appeal on "deemed denial" of information.

Kishor Mehta (CEO)     22 March 2022

Within 30 days from the date of receipt of RTI application by SPIO in case of non-receipt of reply or within 30 days after after receipt of reply. 

Gouranga Dey (Accounts trainee)     23 March 2022

Sir, In my case it was delivered on 25.02.2022 by speedpost. but on 08.03.2022 I got a reply that the SPIO received my application on 07.03.2022 and he transferred the RTI letter to another college authority and instruct them to answer me directly. In this case what is the time limit for filing to FAA. Since this letter has been transferred to another person, can I give a reminder? 

Kishor Mehta (CEO)     24 March 2022

Hon. member Shri G.L.N.Prasad has adequetly replied your query, viz. "Hoping that the second PIO has received your application on 15-3-2022, + 5 days postal transit time, you can go for the First Appeal on or after 20-4-2022.  If you happen to receive the information or denial, 30 days from the actual date of receipt of such information/denial response of 2nd PIO." 


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