9911796707
TMI Blog2014 (1) TMI 993X X X X Extracts X X X X X X X X Extracts X X X X ..... the administrative function of the former, the RTI application had come to them for giving response to the Complainant. Commission hereby directs the Respondents-Department of Legal Affairs - who looks after the administrative functions of the office of the Solicitor General of India, to file a written submission before the Commission in support of their plea that the Solicitor General of India falls under the same footing as that of the office of Attorney General for India and that the full Bench decision of the Commission in the case of Attorney General for India (as referred to hereinabove) would apply to them (Solicitor General of India) as well. The written submission should reach the Commission by or before 20-11-2013. A copy of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , it was dealt with by the CAPIO (Ms. Asha Sota) Department of Legal Affairs, New Delhi, who through her letter dated 30-1-2013 transferred the same to the CPIO, Department of Revenue, North Block, New Delhi u/s 6(3) of the RTI Act. This letter of the CAPIO, however, did not make mention of the fact as to from whom she (Ms. Asha Sota) had received the said RTI application of the Complainant. 4. Thereafter, the CPIO, Department of Revenue - to whom the said RTI application was transferred by the CAPIO, Department of Legal Affairs - vide his letter dated 11-2-2013 transferred this RTI application back to the CAPIO, Department of Legal Affairs stating that the subject matter of the RTI application more closely relates to the Department of Le ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of Revenue and that when the same was returned back to her, an incorrect reply had been given to him that representation in question in not traceable in records of the Department of Legal Affairs. He also questions the authority of the CAPIO to respond to the RTI application. He argues that under Section 5(2) of the RTI Act the CAPIO has no power to answer the RTI application. The CAPIO s job is limited to just forwarding the RTI application to CPIO only. He thus demands for imposition of penalty on the CAPIO, Ms. Asha Sota for causing obstruction to supply of information by wrongly transferring his RTI application. He also places on record the reply dated 19-7-2013 of the CAPIO, Ms. Asha Sota, received after the filing of the present com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ney General of India, and argues that how can the department of Legal Affairs speak on behalf of the office of the Solicitor General of India. According to him, the office of Solicitor General of India is an independent body which cannot be equated with the Attorney General of India. 11. In view of the averments made hereinabove, the following issues/questions arise for decision/consideration : (i) whether the CAPIO is authorised to respond to an application made u/s 6(1) of the RTI Act or not? (ii) how did the instant RTI application of the Complainant reach the CAPIO, Department of Legal Affairs, while it was filed with office of the Solicitor General of India? (iii) why did the office of the Solicitor General of India no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... RTI applications or appeals from citizens and (ii) to forward the same to the officers/authority(s) appointed under the Act to deal with such applications/appeals. The law does not authorise the CAPIO/SAPIO to respond to RTI applications. This duty is specifically entrusted upon the CPIO/SPIO u/s 7(1) of the RTI Act which reads as follows : 7. (1) Subject to the proviso to sub-section (2) of section 5 or the proviso to sub-section (3) of section 6, the Central Public Information Officer or State Public Information Officer, as the case may be, on receipt of a request under section 6 shall, as expeditiously as possible, and in any case within thirty days of the receipt of the request, either provide the information on payment of such fee ..... X X X X Extracts X X X X X X X X Extracts X X X X
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