Appeal against the order of the FAA

The PIO of the Ministry of Environment, Forest and Climate Change categorically informed the Appellant that the information sought by him is not available in their office and transferred the RTI application to the concerned PIO of Bangalore Development Authority under Section 6(3) of the RTI Act, which is separate Public Authority under the State Government, The CIC observed that the PIO has given a timely response to the Appellant informing him the factual position in the matter. The CIC held that had the Appellant been actually interested in getting information, he would have approached the transferee Public Authority to know the actual status of the information. But the Appellant in the present case filed the first appeal with present Respondent Public Authority. This shows that the Appellant wants to pressurize the Respondent to create information which is not in their record. Further, the CIC held that the Appellant cannot raise fresh queries/issues at the stage of first appeal/second appeal. The directions of the First Appellate Authority to the PIO to go through the concern raised by the appellant in the first appeal and take further action were set aside.

Comments

An appeal should be filed with the FAA of the organisation which is holding the information. A PIO can file an appeal against the orders of his/her own FAA.

Citation: Vasanth Kumar V M v. Ministry of Environment, Forest and Climate Change, CIC/MOENF/A/2023/613465; Date of Decision: 18-03-2024