Your query is now simple to answer
1) You applied to your employer ("PA-1") for a circular issued by "PA-2". Since
the ORIGINAL RECORD is not held by or under the control of PA-1 the request was
transferred to PA-2.
2) PA-2 then transfers it back to PA-1 because by virtue of section 4(1)(b)(v)
PA-1 is required to proactively publish those records which are used by
employees of the P/A to discharge its functions.
3) PA-2 is correct thus far because the purpose of proactive dissemination u/s
4 is to obviate the usage of section 6 process by citizens.
Sarbajit
--- In [email protected], anurag prasad <yanuragpra...@...> wrote:
>
>
> Â
> Sir,
> Â
> 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 Â
>
> --- On Wed, 5/19/10, sarbajitr <sroy1...@...> wrote:
>
>
> From: sarbajitr <sroy1...@...>
> Subject: [rti_india] Re: interpreation of Section 2(f) and 2(J)
> To: [email protected]
> Date: Wednesday, May 19, 2010, 3:11 AM
>
>
> Â
>
>
>
> 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 <yanuragprasad@> 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
> >
>
