PIO should transfer the RTI Application to the concerned branch

The appellant sought the copy of Letter from competent authority for Lok Sabha Elections held in Delhi in May 2024 and the list of RCS staff deputed for election duty from the Registrar of Co-Operative Societies, GNCTD, regarding Bannu Biradari CGHS Ltd. The Appellant contended that the PIO neither forwarded the RTI Application to the Administration branch nor gathered the information from the concerned record holder. The CIC observed that the CPIO’s reply is prima-facie evasive/misleading. The CIC further observed that the PIO ought to have forwarded the RTI Application to the Administration branch or should have sought the assistance of the concerned record holder as per Section 5(4) of the RTI Act. Further, the CIC commented that the FAA is also found to have abdicated the statutory duty under the RTI Act. The CIC directed to provide the information permissible under RTI Act. Noting the absence of the PIO or an authorized representative during the hearing, the CIC directed the PIO to send a proper written explanation stating the reasons for acting in defiance of the stipulations contained in the notice of hearing.

Comments

The PIO is expected to seek the help of the holder of information under section 5(4) of the RTI Act. The concerned individual whose assistance is sought to provide the information is the deemed PIO.

Citation: Adarsh Kumar Dua v. Registrar of Co-Operative Societies, GNCTD, Second Appeal No. CIC/RECOS/A/2024/139457; Date of Decision: 22.01.2026

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