Appeal to all RTI Activists and Information-seekers to submit to Assistant Public Information
Officers (APIOs) their First Appeals, Second Appeals and Complaints as required
under section 5 (2) of the Act for
forwarding same forthwith to First
Appellate Authorities and Information Commission
Dear friends
RTI Activists and
Information-seekers should compel
APIO ( Assistant Public Information Officer) to
receive their applications, First Appeals, Second appeals and complaints and forward
the same to the PIO, First Appellate Authority and
Information Commission
respectively. If
he refuses, the Appellant or
Complainant should file
complaint against APIO
directly to State Information
Commission under section 18 of the RTI Act.
As per section 5 (2) of the RTI Act, every Public
Authority shall designate an officer as
Assistant Public Information Officer (APIO)
to receive the applications for
information or appeals under the Act for
forwarding the same forthwith to the
Public Information Officer or
First Appellate Authority under
section 19(1) or State Information Commission or Central Information
Commission.
The State Information Commission while adjudicating
Second Appeal Case No. 375/09 has issued direction to the State Govt. to issue
appropriate guideline/instruction for functioning of APIO designated under section 5(2) of the RTI Act. Accordingly, on
7.1.2013, the State Govt. in I and PR Dept., nodal Dept. issued guideline to
all Principal Secretaries/ Commissioner-cum-Secretary/Special Secretaries of
Govt. Departments for smooth functioning
of the APIOs of different public authorities
in order to remove any functional
difficulties faced during implementation
of the Act.
Despite the guideline in place, the APIOs are seen refusing
to receive the first appeal petitions from the appellants ad their by harassing
them. In case,
RTI Activists and RTI Users find APIOs refusing appeals and complaint petitions, they should
directly file complaint to Information Commission to get justice. The
Notification issued by I and PR
dept. dated 7.1.2013
and sent to all departments in
respect of guidelines for APIOs is as follows.
Guidelines for APIOs
a.
The
APIO shall receive all RTI requests / applications from persons seeking information
and forward the same application to the appropriate PIOs by recorded mail ( such as Registered post or speed post) within 5 days
of the receipt the
application as envisaged in the setion-5 of the RTI At, 2005.
b.
The
APIO shall receive all first
/ second appeals from the
appellants and forward the same
appeals to the First Appellate Authority
( FAA)/ Odisha Information
Commission as the case may be
within 5 days of the receipt of the
appeal by recorded mail ( such
as registered post or speed post).
c.
APIO
should render all assistance to the PIO, referred PIO and FAA while disposing
RTI Applications and first appeals respectively.
d.
APIO should
maintain a Register containing
the details of RTI Applications /
appeals received ad forwarded to
appropriate quarters with date
& time and mode of
transmission.
e.
APIO
should render all assistance to the RTI Applicant during inspection of records.
f.
APIO should render all assistance to PIO
during compilation of annual report
under section 25 of the RTI Act.
g.
APIO should
render all assistance to the
PIO while updating the proactive disclosure ( 17 manuals)
and e-filing of applications at RTI portal
in regular interval.
h.
APIO
should render all assistance to the PIO
while maintaining RTI registers,
files, Cash Book, records etc. and many other matters relating
to the implementation of RTI Act.
Pradip Pradhan
M-9937843482
Date- 26.6.17
