The Central Public Information Officer (“CPIO”) and the State Public Information Officer (“SPIO”) is responsible for providing to the Citizen, the ‘information’ requested by him.
No limit on the nos of CPIOs:
Every public authority has the duty to appoint/designate as many CPIOs as may be required for providing information. There is thus, no limit on the number of the CPIOs which can be appointed by a Public Authority. For instance, the State Bank of India has appointed 897 officers as the Central Public Information Officers.
While the CPIO is appointed in Central Public Authorities, the SPIO is appointed in the State Public Authorities.
Rank of the CPIO not specified:
The RTI Act has not specified the rank of the CPIO, it has only provided that the Public Authority will appoint ‘officers’ as CPIO.
Role of CPIO/SPIO:
The role of both the functionaries is to provide the reply to/take decision on the online/offline RTI Application filed by the citizen. While taking a decision on the RTI application, the CPIO/SPIO may:
- Decide to provide the information
- Transfer the RTI Application
- Reject the application
- Invoke the RTI exemptions
- Not provide any reply
Time limit within which reply is to be provided:
The CPIO has to provide its reply within 30 days of the receipt of the RTI Application. The 30 day period cannot be extended. In case of matters involving ”life and liberty”, the CPIO has to reply within 48 hours.
Jurisdiction of the CPIO:
As regards the jurisdiction of the CPIO, he can provide information which pertains to and is available with his own public authority.
CPIO is an independent functionary:
CPIO’s own public authority has no say in CPIO’s decision making. There is no provision in the Act, which makes the CPIO/SPIO answerable to his public authority for the purposes of the Act. The RTI Act, therefore, ensures independence of the CPIO/SPIO.
Infact the Kerala High Court has held that the Government cannot dictate the RTI officers.
The CPIO/SPIO is, however, answerable to the Central Information Commission (CIC) or the State Information Commission (SIC) as the case maybe.
First Appellate Authority:
First Appellate Authority (“FAA”) is an officer senior in rank to the CPIO, to whom, a person aggrieved with the decision of the CPIO can file an appeal. The role of the FAA is thus, to handle the grievance of the citizen against the decision of the CPIO.
No limit on the no of CPIOs:
Just as in the case of CPIOs, the public authority can designate any number of its officers as the FAA as the Act has not fixed any numbers in this respect.
Time limit within which decision is to be provided:
The FAA has to provide its decision within 30 days of the receipt of the First Appeal. The 30 day period can be extended to 15 more days but the FAA has to inform the citizen the reasons for such an extension.
Decision making by FAA:
While taking his decision, the FAA can dismiss the appeal or accept the Appeal and give directions to the CPIO to give information.
FAA is an independent functionary:
Just as in the case of CPIO, the Act ensures independence of the FAA too in his decision making under the Act. The FAA is not answerable to his Public Authority as far as the RTI Act is concerned.
Appeal to the CIC:
If a citizen is not satisfied with the decision of the FAA, he can file a second Appeal before the CIC in hard or soft copy.
140 Comments
Comments are closed.