9911796707
TMI Blog2014 (1) TMI 1092X X X X Extracts X X X X X X X X Extracts X X X X ..... the ‘subject matter’ thereof becomes irrelevant - As per Section 5(2), APIO is empowered only to receive RTI applications and then transmit them to the CPIO concerned. On the other hand, CPIO is empowered not only to receive RTI applications directly but also to respond to them. Hence, the functions of the CPIO and APIO are distinct and not co-equal. If FAA in PHQ is the FAA of competent jurisdiction, then he is required to decide the first appeal on merits. But if FAA/PHQ is not the jurisdictional FAA, then he or anybody on his behalf can transfer the first appeal to the jurisdictional FAA - An FAA can transfer the first appeal to another FAA if he does not have jurisdiction over it and the transferee FAA has territorial jurisdiction i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... entirety, without stating the subject matter or specifying the part of the RTI application that is being transferred; (iv) Whether the PIO can delegate his powers/functions to the APIO which have been assigned to PIO under the law; (v) Whether the transfer of first appeal by APIO to another FAA is valid in law which is filed by the appellant before FAA/PHQ; (vi) Whether FAA has the right to transfer the appeal filed before him to another FAA; (vii) Whether two different orders could be passed by the two different FAAs within the Police Department in respect of one appeal. 4. I will now address these issues one by one Issue No. 1 :- The answer to this query lies in Section 6(3) which is extracted below : (3) Where ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... RTI application of part thereof to another CPIO within the same public authority. Issue No. 2 :- CPIO is the fulcrum of the RTI regime. As per Section 7(1), it is the mandate of the CPIO to provide information requested for by an information seeker. RTI application can be transferred only by the CPIO to another CPIO and not by ACPIO. Issue No. 3 :- CPIO can transfer the RTI application in entirety or in part. We expect the queries to be self speaking. If so, the subject matter thereof becomes irrelevant. Issue No. 4 :- As per Section 5(2), APIO is empowered only to receive RTI applications and then transmit them to the CPIO concerned. On the other hand, CPIO is empowered not only to receive RTI applications directly but also t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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