Transfer of RTI application under section 6(3) of the RTI Act

The complainant had sought information regarding the exact number of Nikkah (Marriage) conducted by the Janab. M. Mohamed Ali Maraicar, Khazi, Karaikal District since his appointment in the post till 30.9.2023. The application was forwarded under Rule 6(3) of RTI Act, 2005 since certain information sought in the application pertain to the other office with a request to provide the required information directly to the applicant. The CIC noted that the PIO took appropriate steps under Section 6(3) of the RTI Act to forward the request to the authority holding the information (District Government Khazi), and the Complainant was informed about the same. Subsequently, a composite reply was provided on 19.12.2023. The CIC held that there is no evidence of wilful denial or refusal by the Respondent authority and disposed of the complaint.

Comments

The RTI Act mandates that where a public authority does not hold the information but has made bona fide efforts to forward the request to the relevant authority, the PIO is not held liable under the Act as no mala fide iss established on part of the Respondent.

Citation: J Mohammed Bilal v. Puducherry State Waqf Board, CIC/UTPON/C/2024/102435; Date of Decision  01.05.2025

Dr Anuradha Verma (dranuradhaverma@yahoo.co.in) is a RTI Consultant currently working with IIM Vishakhapatnam. She has co-authored the books PIO’s Guide to RTI and Right to Information – Law and Practice. Her weekly article is being published since 2008 on this site. She offers consultancy on RTI matters and third party audit to individuals / organisations. Her other articles can be read at the website of RTI Foundation at the link https://www.rtifoundationofindia.com