FAA MAY BE HELD RESPONSIBLE BY INFORMATION SEEKERS UNDER SECTION 19(6) OF THE RTI ACT, 2005 AS THE STATE INFORMATION COMMISSION IS DEFUNCT FOR ABOUT ONE YEAR OF THE DURATION WHERE IN IT IS NECESSARY FOR THE HOD TO INTERVENE UNDER THE LAW

It is directed to say that the PIO of a public authority is responsible to supply correct and complete information to the information seeker under the Right to Information Act, 2005,within the specified time. It is possible that a public information officer may not act as per provisions of the Act or an Applicant may not other wise be satisfied with the decision of the public information officer. The contains the provisions of the two appeals to tide over such situations. While the first appeal lies within the public authority itself, the second appeal lies with the State Information Commission or the central information commission, as the case may be. The State information commission (Appeal Procedure) Rules, 2005 govern the procedure for deciding appeals by the Commission. The first appellate authority is, however, required to dispose of the appeals received by him in the light of the provisions of the Act and keeping in view the principles of natural justice, a guide has been prepared for the first appellate authorities, it is expected that it would help them to perform their duties effectively. It is therefore necessary for the first appellate authorities to supply correct and complete information within the specified time to any person seeking information under the RTI act, 2005 . The first appeal lies within the public authority itself, which is made to an officer designated as the first appellate authority by the concerned public authority. The first appellate authority happens to be an officer senior in rank to the public information officer and the second appeal lies with the State information commission. The state information commission (Appeal Procedure) Rules, 2005 govern the procedure for deciding appeals by the Commission. In order to perform his /her duties effectively, the appellate authority should study the Act carefully and understand its provisions correctly and the said document must explain the important aspects of the Act, which a first appellate authority should, in particular, be conversant with :-- Er Fateh chand Guleria, Director RTI welfare Association registered number HPCD, 3552 , Bilaspur Himachal pradesh phone number, 9459334377

DISPOSAL OF FIRST APPEALS UNDER THE RTI ACT, 2005 AND INFORMATION MECHANISM UNDER SECTION 19(6) OF THE ACT, REQUIRED FOR QUASI-JUDICIAL FUNCTION OF THE APPELLATE AUTHORITY

The Guidelines for officers designated as the public information officers under the Right to Information Act vide DoP&T memo number 1/3/2008 -IR dated, 25-4-2008 and 27-2-2008 related to the duty and responsibility of the public information officer of the public authority clearly stating to supply correct and complete information to an information seeker under the provision made by the Act, within the specified period. It is possible that a public information officer may not act as per provision of the Act or an Applicant may not otherwise be satisfied with the decision of the public information officer. The Act contains provisions of the two Appeals to tide over such situations. While the First Appeal lies with the public authority itself, the second Appeal lies with the SIC or CIC as the case may be The Information Commission (Appeal procedure) Rules, 2005govern the procedure for deciding Appeals by the Commission. The first appellate authority is however required to dispose of the Appeals received by him in the light of the provisions of the Act and keeping in view the principles of the natural justice. As such a Guide has been prepared for the first appellate authorities and it is expected that it would help them to perform their duties effectively with in the provision of Section, 19(6) of the Right to information Act, 2005 Where in it is clearly mentioned that if an appellate authority comes to a conclusion that appellant should be supplied information in addition to what has been supplied him to by the public information officer he may either (1) pass an order directing the public information officer to give such information to the appellant or (2) he himself may give information to the appellant while disposing of the appeal. In the first case, the appellate authority should ensure that the information ordered by him to be supplied is supplied to the appellant immediately. It would however be better if the appellate authority chooses the second course of action and he himself furnishes the information along with the order passed by him in the matter. The DoP&T memo dated 9-7-2007 has also pointed that in some of the Ministries/Departments have appointed very junior officers as appellate authorities who are not in a position to enforce their orders. The Act provides that the FAA would be an officer senior in rank to the public information officer. Thus the appellate authority, as per provision of the Act, would be an officer in a commanding position, vis-a-vis the public information officer. Nevertheless, if, in any case, the public information officer does not implement the order passed by the FAA and the FAA feels that intervention of higher authority is required to get his order implemented, he should bring the matter to the notice of the officer in the public authority competent to take action against the public  information officer.Such competent officer shall take necessary action so as to ensure implementation of the provisions of the RTI Act :-- Er Fateh chand Guleria, Director, RTI welfare Association registered number HPCD, 3552 , Bilaspur Himachal Pradesh phone number, 9459334377