DPE Issues Major Clarification on Appointment of CPIOs Under RTI Act
Government Clarifies: ASOs and Non-Officials Cannot Be Designated as CPIOs Under RTI Act
The Department of Public Enterprises (DPE), Ministry of Finance, has issued an important clarification regarding the designation of Central Public Information Officers (CPIOs) under the provisions of the Right to Information Act, 2005.
Through an Office Memorandum dated 12 May 2026, the government has clarified that Assistant Section Officers (ASOs) and non-official personnel such as Young Associates should not be appointed as CPIOs, emphasizing that the role requires responsible senior officers capable of handling sensitive government information and representing departments before the Central Information Commission (CIC).
Significant Responsibility of CPIOs
The memorandum highlights that the RTI Act places a highly significant responsibility on CPIOs. They are expected to carefully distinguish between information that can legally be disclosed and information that must remain protected under the law.
According to the DPE, once information is disclosed under the RTI Act, it is treated as official information released by the State. Therefore, the officer handling such responsibilities must possess adequate authority, administrative experience, and understanding of public interest considerations.
The clarification also notes that CPIOs serve as the sole representatives of their Ministries or Departments before the Central Information Commission during second appeal hearings. They are additionally responsible for implementing directions issued by the Commission.
RTI Act Silent on Rank of CPIO
The Office Memorandum states that while the RTI Act, 2005 and its rules do not specifically prescribe the rank of officer who may be designated as a CPIO, government departments must rely on established administrative practices and the Manual of Office Procedure (MoP) issued by the Department of Personnel & Training (DoPT).
The DPE observed that several requests had recently been received seeking appointment of ASOs and even Young Associates as CPIOs. Such proposals, according to the department, were inconsistent with established office procedures and in many cases lacked approval from divisional heads.
Under Secretary-Level Officers Preferred
The memorandum further explains that prevailing practices across Ministries and Departments generally involve appointing officers of the rank of Under Secretary and above as CPIOs.
The government cited the example of the Ministry of Home Affairs, where senior officers are designated to discharge RTI responsibilities.
The rationale behind appointing senior officers, the memorandum states, is to ensure that decisions regarding disclosure of government-held information are made by officials capable of balancing transparency requirements with protection of sensitive interests.
Key Clarification Issued
The DPE has therefore clearly stated that:
Assistant Section Officers (ASOs) should not be designated as CPIOs.
Non-official personnel such as Young Associates cannot be appointed as CPIOs.
Ministries and Departments should continue appointing responsible senior officers for RTI-related duties.
The Office Memorandum was issued by Dr. P.K. Sinha, Deputy Secretary and Nodal Officer, Department of Public Enterprises.
This clarification is expected to bring greater uniformity in the appointment of CPIOs across Central Government departments and strengthen accountability in the implementation of the RTI framework in India.