You seem to have misunderstood the DoP&T circular of July 2008 on clarifications regarding transfer of application u/s 6(3). This was due to the fact that most RTI Activists deliberately & knowingly send their RTI Application to the "wrong" Public Authority and direct the CPIO to transfer it u/s 6(3). The order under reference just provides some guidelines to the CPIO against such RTI Applications.
However, it does not ask the CPIO "NOT TO TRANSFER" the application U/s 6(3). Its also needless to inform that Section 6 clearly states, that the application should file his RTI Application with the concerned Public Authority ! I would also like to add that I had personally visited the office of DoP&T, New Delhi on 30th July this year along with another friend to get a first hand knowledge and quasi judicial reason behind the issuance of this circular. So I would suggest that you kindly read the circular properly before making any comments. I can provide you with a copy if required. Regarding the matter concerning the transfer of application filed with CBSE, you will need to provide some more details in this case. The attitude of CBSE is wrong. You can go in for a complain U/s 18 and plead for penalty. May better sense prevail Manoj Pai Ahmedabad --- On Thu, 8/21/08, S. K. Jain <[EMAIL PROTECTED]> wrote: From: S. K. Jain <[EMAIL PROTECTED]> Subject: [rti_india] No more Section 6(3) To: [email protected] Date: Thursday, August 21, 2008, 11:02 AM I have experienced that now RTI applications will not be transferred under Section 6(3) of RTI Act 2005 as per some circular with DOPT with CIC. This is going to very difficult if information concerning the same matter is held by two different public authorities. For Example: I had asked copy of migration certificate from one educational board which is now legally property of another educational board. One educational board had issued migration certificate against fee but is unable to furnish the copy of it and another public authority refuses to even acknowledge the response of first educational board (in addition to legal queries from crime branch of police). Scenario is something like this - where crime committed is central organization while another is state organization supposed to be legal custodian of information. Another case : A public school affiliated to CBSE, holds some information. But school refuses to impart information and CBSE asks applicant to approach the school and does not transfer RTI Application under Section 6(3) ? So what's the solution ? Sanjiv Kumar Jain [Non-text portions of this message have been removed] [Non-text portions of this message have been removed]
