Title: Administrative Reforms through RTI: Role of Public Grievance Warriors of India

Summary Draft:

The RTI Act, 2005 is not just a transparency law—it is a tool of democratic restructuring. When used effectively, it becomes the foundation for administrative reforms and public grievance redressal.

The concept of RTI & Public Grievance Warriors of India is built on the understanding that citizens cannot seek redressal of grievance

Summary: RTI Structural Compliance – Designation of CPIOs and FAAs in Administrative Units/Subordinate Offices

  1. Public Authority under RTI Act:
    As per Section 2(h) of the RTI Act, a "Public Authority" includes any authority or body established or constituted by or under the Constitution, law made by Parliament, or notification issued by the appropriate government.
  2. Administrative Units and Subordinate Offices:
    Subordinate offices such as Regional Offices (ROs) and Zonal Offices (ZOs) of EPFO, ESIC, and District-level offices like DM or SP offices are not independent public authorities. They are administrative units or subordinate offices of their respective head Public Authorities (e.g., Ministry of Labour for EPFO/ESIC, GAD/Home Department for DM/SP).
  3. Applicability of Section 5(1) and 5(2):
    • Section 5(1) mandates designation of CPIOs by the head of the public authority.
    • Section 5(2) allows designation of CAPIOs at subdistrict and subdivisional  offices, not full CPIOs or FAAs.

  4. Violation in Practice:
    In several organizations, CPIOs and FAAs are being illegally appointed at administrative units /  subordinate levels, violating the statutory framework. These designations must come from the head office, and:
    • FAA must be a senior officer at the HQ.
    • Appeals under Section 19(1) from district offices should automatically lie before the FAA at the head office.
  5. Implication for GAD (General Administration Department):
    For DM offices, the GAD of the state is the public authority. Thus:
    • GAD must designate CPIO at DM offices, not CPIOs.
    • FAA must remain at GAD HQ, not at district level.
    • Same logic applies to SP offices where Home Department is the public authority.
  6. Legal Inconsistency:
    Appointing FAA at subordinate/district offices violates Section 19(1) of the RTI Act and renders the entire appellate mechanism structurally flawed. These appointments may be challenged in appeals or even writs.
  7. Consequences of Violation:
    • Failure to comply may amount to dereliction of duty.
    • Continued disobedience may even amount to violation of public records and administrative law norms, engaging accountability under Public Records Act and service conduct rules.
  8. Reform Demand:
    • All public authorities must review and regularize their CPIO/CAPIO/FAA designations.
    • Fresh orders must be issued post-transfers of officers.
    • Structural reforms are required for uniformity and legal compliance across India.

🔹 Key Points:

  1. Public Authority Defined:
    • EPFO, ESIC, Home Department (State), and General Administration Department (GAD) are public authorities under Section 2(h) of the RTI Act.
    • Their regional offices (RO), zonal offices (ZO), or district-level offices (like DM or SP offices) are administrative units or subordinate offices.
  2. Section 5(1) Violation:
    • FAAs cannot be designated at subordinate or regional offices.
    • FAA must be designated only at the head office of the public authority.
    • If FAA is designated at a subordinate office, it's a direct violation of Section 5(1).
  3. Section 5(2) Explained:
    • Only Central Assistant Public Information Officers (CAPIOs) can be designated at sub distrct & sub divisional  offices for forwarding RTI applications to the appropriate CPIO.
    • Designating CPIO at subordinate offices without delegation of decision-making powers is improper.
  4. Role of Head Office:
    • GAD in case of DM offices, and State Home Departments in case of SP offices, must retain control over RTI implementation.
    • They must issue appointment letters to newly posted officials for RTI roles (CPIO)
  5. Section 19(1) Violation:
    • Appeals from subordinate offices should reach the FAA at the head office, not local FAA.
    • Wrong designation of FAA at subordinate offices breaks the legal appeal structure.
  6. Implication for RTI Activists:
    • Activists can challenge such designations and practices through First Appeals or directly in Second Appeal.
    • This misimplementation dilutes transparency and accountability mandated under RTI Act.
  7. Wider Reformative Purpose:
    • The entire scheme demands administrative reforms for better grievance redressal.
    • This interpretation supports the broader goal of citizen-led administrative reform

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