Para 3(i) of this DoP&T circular No.10/2/2008-IR dated 12.06.08 clearly states that
"A person makes an application to a public authority for some information which concerns some another public authority. In such a case, the PlO receiving the application should transfer the application to the concerned public authority under intimation to the applicant." The same para concludes that "However, if the PlO of the public authority is not able to find out as to which public authority is concerned with the information even after making reasonable efforts to find out the concerned public authority, he should inform the applicant that the information is not available with that public authority and that he is not aware of the particulars of the concerned public authority to which the application could be transferred. It would, however, be the responsibility of the PlO, if an appeal is made against his decision, to establish that he made reasonable efforts to find out the particulars of the concerned public authority." If this the same circular, which the CPIO of CIC has stated in his communication to you, then he has certainly erred in this regard. You can go in for an appeal, you have a strong case. This circular under reference is available at the following link http://persmin.gov.in/WriteData/CircularNotification/ScanDocument/RTI/10_2_2008-IR.pdf Best wishes Manoj Pai Ahmedabad --- On Fri, 8/22/08, S. K. Jain <[EMAIL PROTECTED]> wrote: From: S. K. Jain <[EMAIL PROTECTED]> Subject: Re: [rti_india] No more Section 6(3) To: [email protected] Date: Friday, August 22, 2008, 7:51 AM At 01:44 PM 8/21/2008, you wrote: CPIO of CIC provided information about CPIO and AA with IB on 20th August 2008 but did not transfer my application under section 6(3) citing reasons of DoP&T circular as per verbal communication. I was asked to file application for information all over again to IB as per my telephonic communication with office of CPIO, CIC. >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. Why not publish it on website for RTI users ? Sanjiv Kumar Jain [Non-text portions of this message have been removed] [Non-text portions of this message have been removed]
