Deemed PIO has to share the responsibility equally with the PIO
The appellant filed an application under the Right to Information (RTI) Act with the Department of Revenue seeking certain information about some enquiry conducted by the department including copy of government notification regarding land which was given to the gram sabha but possession was not taken etc. The Public Information Officer (PIO) provided part information and also informed that the RTI application was forwarded to the Vigilance branch who had stated that no part of the application pertained to them. The First Appellate Authority (FAA) held that SDM (SV)’s representative would allow the inspection of relevant records to the appellant.
During the hearing before the Central Information Commission (CIC), the appellant stated that the respondent told him that files related to information sought by him are not available with him. The respondents then showed to the Commission a copy of some enquiry report which, according to them they had obtained from Naib Tehsildar. But they could not firmly tell the Commission as to who is the actual holder of the records related to the information sought by the appellant. The appellant also perused the enquiry report brought by the respondents and stated that the same is not related to the present issue.
View of CIC
The Commission observed that it was not clear as to whether the information sought by the appellant is available with the respondent or not. The CIC directed that all concerned officers shall file sworn affidavits before the Commission clearly stating whether the information sought by the appellant is available with them or not.
Citation: Mr. Arun Khanna and Department of Revenue in File No. CIC/AD/A/2012/002262
RTI Citation : RTIFI/2012/CIC/814
Click here to view original RTI order of Court / Information Commission