• Right to Information Act 2005

A RTI application was  received by  a CPIO of a public authority on 12.06.2014. On the seme day he was transferred to some other office. The CPIO informed the Aplicant that he has no information sought by the applicant and that he had already demitted his position and that his application whas been marked to the staff member available on that day, FOR NECESSARY ACTION... The copy of the letter was also marked to the Public authority i.e.The Director.The staff member did not take any action.The applicant submitted 1st appeal to First Appellate Authority who simply did not  dispose of the 1st Appeal. Consequently, the Applicant filed 2nd Appeal before  Centrla Information Commission, who issued notice to the PRESENT CPIO and disposed of the appeal and passed  order against the then CPIO(Central PuBLIC iNFORMATION oFFICER)  directing the FAA to inquire into the matter nad initiate  disciplinary proceedings against the then CPIO,without  serving on him the hearing Notice  and overlooking the fact that the then CPIO was already transferred on the day the RTI application was given to him and that he tried to do his best to ensure that the application does not loose sight of ,by informing  the applicant about the factual  position . Please advise.
Asked 1 year ago in Civil Law from New Delhi, Delhi
What exactly do you want to know? If you are aggrieved by this order you can challenge the same in high court.
Devajyoti Barman
Advocate, Kolkata
5189 Answers
54 Consultations
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1) file writ petition before the HC challenging order passed by CIC 

2) since CPIO was transferred on same date of receipt of application there is no negligence on part of the CPIO 

3) in fact he had directed staff to take necessary action and provide applicant information sought by him 
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
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1) yiou must reply to show cause notice and mention that you wete transferred  on the date of receipt  of application 
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
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yes do reply to the notice challenging the jurisdiction of DC to initiate disciplinary proceedings against you.
Devajyoti Barman
Advocate, Kolkata
5189 Answers
54 Consultations
4.9 on 5.0
1. The FAA has already been directed to inquire in to the matter when the CPIO will get ample opportunity to clarrify his stand and defend himself with all evidence he has in his disposal,

2. Appear before the inquiry authority and contest the charge if leveled against you fittingly.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
229 Consultations
5.0 on 5.0
1. CIC can not review its order but it can correct typographical/clerical errors,

2. You should certainly reply to the show cause notice served upon you.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
229 Consultations
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It becomes your duty to reply to the notice received by you show causing the irregularities alleged on you.

You may quote all the irregularities observed by you in the reply notice and explain the factual situation if you have been unnecessarily implicated in this issue by the authority in order to shield their position. 

Without a reply to the notice it will be treated that you have accepted the allegations made in the notice against you, hence do not undertake any risk in that regard.
T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
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The CPIO is required to provide information to the applicant within thirty days of the receipt of a valid application. If the information sought for concerns the life or liberty of a person, the information shall be provided within forty-eight hours of the receipt of the request. If the CPIO is of the view that the information sought for cannot be supplied under the provisions of the Act, then he would reject the application. However, while rejecting the application, he shall inform the applicant the reasons for such rejection and the particulars of the appellate authority. He would also inform the applicant the period with which appeal may be preferred.

If the CPIO fails to send decision on the request on the information within the period of thirty days or forty-eight hours, as the case may be, the information may be deemed to have been refused.

If an applicant is not supplied information within the prescribed time thirty days or 48 hours, as the case may be, is not satisfied with the information furnished to him, be may prefer an appeal to the first appellate authority who is an officer senior in rank to the CPIO. Such an appeal should be filed within a period or thirty days from the date on which the limit of 30 days of supply of information is expired or from the data on which the information or decision of the CPIO is received.

The counting days of application start from receiving day of the application.You should send replay. and approach the high court and challenging order passed by CIC.
Ajay N S
Advocate, Ernakulam
1912 Answers
19 Consultations
5.0 on 5.0
The SIC has acted in violation of the law. No liability can be mounted on the officer who laid down his office on the date of filing of RTI application. The order of SIC can be challenged in the HC. You are not required to reply to the show cause notice.
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0

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