Sir,
 
I have sought information from my subordinate office to provide me circular how 
my increments have been regulated and copy of the circulars. On this the PIO of 
my office transfered the case, though he has having the copy of the circular, 
under section 6(3) of the act to my headquaters i.e administrative ministry. 
Based on this, the PIO of the administrative ministry replied that the circular 
may please be issued to him, as his pay and allowances were regulated by that 
order in the subordinate office. And they were interpreting that section 2 f 
and and section 2 j read togheter . If that the case, the Goverment of India 
consisiting of close to 85 departments issues variours circulars, why, can not 
host it on their webistes and instruct the offices subordinate to them to place 
on thier individual websites. The reading of the sections togehter section 2 f 
and 2 j is conflicting as goverment of india/dopt declared that the each public 
authority is a third
 party . Please offer u r expert comments please  

--- On Wed, 5/19/10, sarbajitr <[email protected]> wrote:


From: sarbajitr <[email protected]>
Subject: [rti_india] Re: interpreation of Section 2(f) and 2(J)
To: [email protected]
Date: Wednesday, May 19, 2010, 3:11 AM


  



Dear Anurag

The query is not very clear.

Circulars are supposed to be proactively disseminated under section 4. Once 
disseminated under section 4, they are in the public domain and no longer "held 
by or under control of" the public authority - and hence cannot be provided 
under section 6 process.

Sarbajit

--- In [email protected], anurag prasad <yanuragpra...@...> wrote:
>
> 
> Hello everyone
> 
> Can anybody interpret section 2(f) and 2(j) . One of the public authority 
> resorted to transfer a request under section 6(3) of the Act . The receipient 
> public authority ( who received the request under section 6(3) ) infered that 
> the information is to be provided by the original public authortiy and 
> informed the applicant to receive the information from the original public 
> authrority. The information was sought by his was circular issued by 
> administrative ministry of his organisation and the requester is an employee 
> of subordinate office of the same administrative ministry. 
> 
> 
> Anurag
>









      

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