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 rti_india@yahoogroups.com, anurag prasad <yanuragprasad@...> wrote:
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>
> 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 <sroy1947@...> wrote:
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> From: sarbajitr <sroy1947@...>
> Subject: [rti_india] Re: interpreation of Section 2(f) and 2(J)
> To: rti_india@yahoogroups.com
> Date: Wednesday, May 19, 2010, 3:11 AM
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> Â
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> 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.
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> Sarbajit
>
> --- In rti_india@yahoogroups.com, 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
> >
>
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