Dear Freinds ,
herewith Produced the Exact wordings of Case Quoted by me , I now Hope the
Issue has been Clarified
N vikramsimha , KRIA Katte & Trustee RTI Study Centre, #12 Sumeru Sir M N
Krishna Rao Road , Basvangudi < Bangalore 560004.
--- On Mon, 3/3/08, Anil kumar <[EMAIL PROTECTED]> wrote:
The KIC's decision on 17.05.2006 between Sri. C.N. Kumar Vs Bangalore
Development Authority(BDA) is reproduced below regarding APIO's appointment in
the same office for the benefit of HJ members:-
2. It is admitted by both parties that response was made to the complainant
after a period of 30 days. Additional period of 5 days is permossible under
section 5(2) only where the application has been submitted through the APIO. It
is learnt BDA, which is a single public Authority, has appointed 6 APIOs in its
central Office. In addition there are 4 PIOs and 8 APIOs in its other offices
outside the central office.
3. The Commission noted that under section 5(2) a public authority has to
appoint APIO only at each sub-divisional level or other sub-district level.
Hence the APIOs are to be appointed only outside the Central office and not
witnin the Central office itself. Appointment of APIOs in the Central office is
not permissible and does not serve any purpose.
4. It is also seen that the application for information was addressed by the
complainant to the PIO and was sent to the Central office of BDA by courier.
once it is received in the Central Office, it cannot be argued that it was
received by APIO when PIO is also located in the Cental Office itself.
5. Under the circumstances the Commissioner, BDA is directed to discontinue the
appointments of APIOs in the Central Office, which may really not be necessary
and is also not in accordance with the provision of the RTI Act.
6. As regards this particular case additional time of five days claimed by the
BDA is not permissible and hence the information sought for by the complainant
shall be provided to him free of cost within seven days of the date of this
order.
Sd/- K.A. THIPPESWAMY SIC sd/- K.K. MISRA SCIC
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