Jump to content
News Ticker
  • RTI query reveals banking frauds of ₹ 2.05 Trillion reported in the last 11 years
  • 509 per cent rise in cases under child labour law: Study
  • The Central Information Commission has allowed disclosure of file notings on the mercy petition of a rape and murder convict, rejecting the government's contention that the records cannot be disclosed as these are privileged documents under Article 74(2) of the Constitution.
  • Electoral bonds worth over ₹5,800 crore were bought by donors to fund political parties between March 1, 2018 and May 10, 2019, a Right to Information reply has said.
  • Don't pay 500/- for answer sheet now- Supreme Court says if Answer sheet is asked under RTI, RTI Fees will be governed
  • 0
suhasbhishma

Harassment and defamation through RTI

Question

suhasbhishma

Hello, I would like to know whether any legal action can be taken against a some persons who are filing RTI against an individual by asking about his/her personal information and constantly by giving wrong address wherein all the replies related to queries and first appeal is returned by the postal authorities as unclaimed and the appellant does not turn up for the hearing. Kindly reply immediately as it has led to an harassment of the staff as well as defamation against the third party on whom information is sought. As there is no cost per month three to four RTI queries are posted on the same matter but the appellant's address is always wrong. Can we take action against such people.

Share this post


Link to post
Share on other sites

7 answers to this question

Recommended Posts

  • 0
Prasad GLN

Simple filing of RTI Application, not claiming a letter and not turning up for hearing are not offenses under any Act.

But if they are forged or there is impersonation it may amount to harassment.

If applicant seeks same information, just copy and paste the same information to him by changing dates like CBI.

Preserve the envelope unopened, if there are two or three such unclaimed covers preserve the covers and ignore applications.

Who are you to take action against appliant ? (I mean a PIO or Third party ). Has the Act empowered PIO to take any action against applicant ? (it is a different matter, if he is insider and most probably, he may be as such also)

The post is interesting. Please share that information that appliant was so frequently asking you and not accepting the envelopes. You may severe the names and post his query and your reply, as that may help some other PIOs who regularly visit the portal for such guidance. (Yes. True. Many ICs make it a point to address PIOs and 90% of them state misuse and quote instances like the one you have posted)

Share this post


Link to post
Share on other sites
  • 0
MANOJ B. PATEL

Welcome to RTI INDIA PORTAL. Thank you for choosing RTI INDIA PORTAL.

 

Please click the following link and read through the topics:

 

RTI Information

 

Please do not post in to multiple forums or start multiple threads. You need to study links on home page of this website and then start drafting RTI for common problem of specific issues etc. You can post draft RTI application on this portal so that our members can refine it. Thus you will be having working knowledge of RTI over a period of time. Please also visit this website often and peruse queries and replies by our members, which will make you comfortable with RTI.

 

Dear Member, in addition,

 

If you are interested in reading the whole RTI Act please go to the following link:

 

Right to Information Act 2005 [RTI Wiki]

 

To explore about RTI kindly refer following links

 

(A) Download RTI Forms

(B) How to Become RTI Activist

© How to file RTI Online

(D) Centre / State RTI Rules and Fees

(E) Case laws of RTI

 

Regard & Best Wishes.

Manoj B.Patel

Share this post


Link to post
Share on other sites
  • 0
RAVEENA_O

He is an insider having access to the RTI Files. His modes operandi is simple - file RTI application with wrong address and thereafter access the office RTI File and its notings as well as information gathered. He may be digging up issues in RTI, which may cause threat to some other staff / employees and his intention is to indirectly give such threats.

 

[1] Keep all his future RTI Applications and files dealing with it separately inaccessible to staff including Gr.D.

 

[2] Deny the information (even though it is available) and send the communication by post. He cannot make appeal without receiving original decision of PIO.

 

[3] If he is a genuine applicant and in case he comes in person either before PIO or FAA at a later stage, you can offer information free of cost at that stage.

Share this post


Link to post
Share on other sites
  • 0
Prasad GLN

Finally the TS's main query remain unresponded by other members

 

"whether any legal action can be taken against a some persons who are filing RTI against an individual by asking about his/her personal information and constantly by giving wrong address "

Share this post


Link to post
Share on other sites
  • 0
RAVEENA_O

Filing an RTI Application or repeatedly filing RTI application and seeking information is not a crime. Seeking personal information under RTI is also not a crime. It is for the PIO to decide such issues.

 

The act provides that an applicant making request for information shall not be required to give any reason for requesting the information or any other personal details except those that may be necessary for contacting him. The information given by the applicant in this case for contacting him is not sufficient enough to contact him and hence the communications are returned. The applicant by giving insufficient contact details forgone his own right to receive the information sent by the PIO. There is no scope to initiate any proceedings against Citizen of this country for invoking the right available to him under RTI Act.

 

The PIO being an officer designated as such is required to deal with all RTI requests received at his end. Dealing with such requests cannot cause harassment. Remedy to overcome the situation has already been suggested in my earlier post.

Share this post


Link to post
Share on other sites
  • 0
koteswararaonerella

as the RTI applications were filed under pseudonimus conditions ie., giving different names and addresses, you cannot take any legal action but you can file a police complaint that such and such person is doing this illegal activities but expect big result as such cases will not be probed seriously and will get closed with exchange of some money.

Share this post


Link to post
Share on other sites
  • 0
RAVEENA_O

When the person is unknown, who will exchange money with police?

 

Is it possible for the police to trace out the unknown man.

 

How can PIO establish that the person is one and making applications under different names?

 

What is the use of filing such police complaint?

 

Under what authority the PIO can lodge police compliant against a citizen who made an RTI Application? Perhaps he may be an illiterate person not able to write his own full postal address!

 

Duty cast upon PIO is to decide RTI Applications and advice further fee and thereafter supply information. Having decided the RTI Application and advised applicant, the PIO fully discharged his duty. It is not his duty to investigate whether an applicant is using different names or addresses.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Answer this question...

×   Pasted as rich text.   Restore formatting

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.


  • Similar Content

    • Shree Vathsan
      By Shree Vathsan
      The person in the article below is me. I had a corporation official visit my house with the RTI and asking for my whereabouts. However the PIO has sent a reply on 8/5/19  stating that AE Div 170 is the person responsible for inspecting the banners on the particular stretch. It is after finalising this reply that I had got a call from AE Div 170 on 8/5/19 evening and a person visited my house on 9/5/19. The reply sent by PIO dated 8/5/19 was received on 11/5/19.
      Further The AE has stated that he has inspected the stretch and removed illegal banners immediately. However I have material evidence that the banners remained in the same place from afternoon till late night. Only the persons who kept the banner had removed them. So can I penalise the PIO for providing false and incorrect information. 
       

    • ganpat1956
      By ganpat1956
      Chandigarh, February 20: A former teacher of Sanawar School, DR Rajinder Singla, today alleged that he was sacked after he demanded some information from the school under the Right To Information Act (RTI). Addressing a press conference at Press Club, Sector 27, Singla alleged that the school has a number of irregularities and the school authorities were not ready to confront it. Singla said, “When the school authorities were not ready to answer my queries I went through the RTI and submitted a 13 page application to the regional officer of CBSE at Panchkula.
      A few weeks later I received a letter from the headmaster of the school stating that my services had been terminated with immediate effect.”
       
      He further said, “ While I was denied the information the first time I had asked for it under the RTI act, the regional officer at the CBSE office in Panchkula, Kushal Singh later directed the headmaster of the school to provide me with the required information.”
       
       
      Singla also alleged that the school authorities direct the teachers to act and function as per their wishes, failing which they are harassed.
      He added, “ those who have been harassing the teachers include R P Aggarwal, Chairman of board of governors and education secretary to the Government of India, Jai Singh Gill, former chief secretary, Government of Punjab, Omar Abdullah, MP from Jammu and Kashmir and Lt General A N Aul, chief of staff, HQ Western Command, Chandimandir.
       
      Many teachers have been sacked by the school without serving any notice or explaining the reason of doing the same.”
       
      Meanwhile, refuting the allegation, Praveen Vasisht, Headmaster Sanawar School, said, “Singla had a poor record.
       
      He has been sacked as per the decision taken by the board of directors and not because he requested for information. He is making false allegations about the school because he himself is at fault.”
      Singla also said that he would be filing a case against the school authorities in the District Courts soon.
      Former Sanawar teacher alleges harassment at the hands of school authorities

Announcements

×
×
  • Create New...

Important Information

By using this site, you agree to our Terms of Use & Privacy Policy