2012 (9) TMI 1127 - Commission - Indian Laws

Summary

Issues involved: Interpretation of Section 6(3) of the Right to Information Act regarding transfer of RTI application to other public authorities, appointment of CPIO in Ministry of Finance, legality of presenting garland made of currency notes to public functionary, and actions to be taken if such act is found to be irregular/illegal.

Interpretation of Section 6(3) of RTI Act:
The Appellant filed an RTI application to the Ministry of Finance of Central Government, which was initially returned on the grounds of lack of CPIO. The CIC directed the Ministry to respond, but the CPIO of the Department of Economic Affairs advised the Appellant to approach other public authorities for certain information. The Appellate Authority upheld this decision, stating that the CPIO was not obliged to transfer the RTI application to other public authorities as per Section 6(3) of the RTI Act.

Legality of presenting garland made of currency notes:
The Appellant sought information regarding the legality of presenting a garland made of currency notes to a public functionary and the possible actions the Government might take if such act was irregular/illegal. The Commission noted that while some queries may not lead to identifiable information, given the public attention and implications, a more categorical reply should have been provided to the Appellant.

Appointment of CPIO in Ministry of Finance:
The Commission found it odd that the Ministry of Finance did not have a designated CPIO despite having a Finance Secretary. It directed the CPIO of the Economic Affairs to ensure the appointment of a CPIO for the Ministry within one month and to provide the Appellant with relevant RBI guidelines within 10 working days.

Clarification on Public Authorities for remaining queries:
The Commission acknowledged the uncertainty regarding the relevant public authority for the remaining queries but did not fault the CPIO for suggesting the Department of Revenue and the Ministry of Home Affairs. The appeal was disposed of accordingly, with copies of the order provided to the parties free of cost.