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DrMohanMGupta

Bundles Of letters Asking information

Question

DrMohanMGupta

Hello,

Can anyone Suggest me any remedy to get rid from bundles of letters sended by RTI asking informations regarding my bank information? It becomes inconvenient to give such answers.

Is this a misuse of RTI Act? Giving answers to every letter isnt mean of inviting thieves & dacoits in my home. What can i do in such case??

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Prasad GLN

Who are you ? The Public Authority or PIO or a third party ? Why bundles of letters sent (sended) against your organisation only ? Do you mean to say that seeking information available on Public record is misuse, and it is pastime for some citizens ? Are there no PIOs in entire India and any one has called that by receiving application means inviting thieves and dacoits ?

Deny all such information and represent this to concerned SIC / CIC and pray for exempting your organisation or relieve you from designation of PIO. That is the only solution.

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DrMohanMGupta

RTI AcT is Helping some people to blackmail and pressurize ordinary persons. If the opposit party demands money and i am not giving it than is this an easiest way to sent RTI letters for blackmailing. Its so depressive that such blackmailers uses RTI for blackmailing ordinary people.

Can you please suggest me any Remedy.

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MANOJ B. PATEL

Dear member, Please avoid multiple threads on same subject as it is against discipline of the forum.

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Prasad GLN

A suitable reply has been posted, but unfortunately it was deleted by Moderators.

You have been advised to deny information and let them go to Information Commission, and then take a class against them with IC and wait for a suitable decision, as there is already a specific decision that favours PIO against such applications. CBSE Vs.Adityanath Bandopadhya (Supreme court ) decision may be helpful. If it is beyond your capacity to handle RTI matters, just inform to your higher authorities, and let another interested official take that designation relieving you from all head aches.

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RAVEENA_O
Can anyone Suggest me any remedy to get rid from bundles of letters sent by RTI asking information regarding my bank information? It becomes inconvenient to give such answers.

Is this a misuse of RTI Act? Giving answers to every letter isnt mean of inviting thieves & dacoits in my home. What can i do in such case??

 

RTI AcT is Helping some people to blackmail and pressurize ordinary persons. If the opposit party demands money and i am not giving it than is this an easiest way to sent RTI letters for blackmailing. Its so depressive that such blackmailers uses RTI for blackmailing ordinary people.

Can you please suggest me any Remedy.

 

[1] An applicant is entitled to receive only those information which are held by or under the control of public authority. Your personal bank information is not an information held by and under the control of public authority and you should claim exemption from disclosing such information u/s 8(1)(j) of the Act.

 

[2] If the applicant did not pinpoint the information he wants, but only asked queries, the answer of which is not available in any official records, you may advise applicant that the information sought by him are not held by the public authority in material form.

 

[3] You need not create and supply any personal information including personal records from your office to any RTI applicant, unless larger public interest is demonstrably presented before PIO. Reject all such RTI applications seeking your personal information u/s 8(1)(j).

 

[4] If you have specific queries on any particular application/request, please post with it with the exact information sought, to enable our members can help you.

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Prasad GLN

'blackmail and pressurize ordinary persons. If the opposit party demands money and i am not giving it than is this an easiest way to sent RTI letters for blackmailing. Its so depressive that such blackmailers uses RTI for blackmailing ordinary people

 

Can there be smoke without fire ? If you are upright, why should you bother for such black mailing ? If your action is not proper, to-day by satisfying some persons you may save your self, but in long run, there may be one sincere citizen with awareness that can expose all open the cupboard with skeletons.

Our advise is never yield to pressure tactics/blackmailing if you are right. Report to police. Help them in catching the culprit redhandedly, expose him and save RTI act from abuse.

 

I am happy that within 7 hours 100 members viewed/read your post and atleast 50% must be PIOs among them. But, no one has given support and encouraged your comments.

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DrMohanMGupta

Thank You For Your Previous Replies

 

Beside Section 8(1) can i file a FIR against opposite party. Is IPC section 500 applicable here.

Edited by ganpat1956
New thread merged with the existing one for continuity.

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ganpat1956

Dr Mohan Gupta, please avoid making multiple threads on the same issue thereby reducing the clutter in the forum. Otherwise, the benefit of continuity of discussions will be lost besides creating additional load on the over-strained moderators.

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Prasad GLN

Doctor saab,

Even a doctor can not diagnose the disease, unless patient comes out with all symptoms.

The first query is on your capacity in Public Authority.

If you are a PIO, you can not ( without specific permission from PA) file complaint, and even if you have POA, no complaint can be registered simply because some one sought information under RTI Act.

If information is solicited under RTI Act, remedy must be only under RTI Act, and so far there is no precedent.

If you are a third party, it is PIO's job, and you can give a blanket letter to PA not to provide any information of personal nature for this or for any future applications under RTI.

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rameshverma

The query appears in the nature of soliciting response to a hypothetical problem as are asked in RTI Online Course. I am tempted to say so as there is no disclosure regarding nature of information sought and number of applications contained in the 'bundle' despite prodding and nudging by the members. Assuming that being PIO you are caught in a peculiar situation, deal with it as per mandate of the Act as there is no escape from the catch 22 situation as long as one is in the shoes of PIO. Need no further elaboration as Hon'ble members have sufficiently advised you about the course of action to be adopted.

 

Let me share a real experience. A PIO received 20 page query from an applicant. Pattern was that a summary was provided under a particular point which was followed by a question. In substance querist was eliciting response of PIO regarding propriety of actions taken and intrepretation of some policy matters. PIO simply replied that queries are out of ambit of S. 2(f), hence not an information which he is obliged to provide. Reliance was placed on CBSE case.

 

If the query is that of a PIO, I suggest disposal of the queries as per provisions of the Act. There is no need to look for alternatives which may lead to further problems which one is not able to handle. Do not look beyond the Act.

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drbeat
RTI AcT is Helping some people to blackmail and pressurize ordinary persons. If the opposit party demands money and i am not giving it than is this an easiest way to sent RTI letters for blackmailing. Its so depressive that such blackmailers uses RTI for blackmailing ordinary people.

Can you please suggest me any Remedy.

 

 

simple.. if you are clean hand just follow RTI act and its sections ..just provide available documents or reject the apllication as per section 8...if you are not able to take the decision any way respective state commision or CIC will direct you correctly what to be done in difficult case... you should be in fear of all threatining or black mailing only when mistakes are done / corruptins/favourism/unlawfull activities......for clean hand even your enemy will fear to blacmail or threaten...ultimately truth prevails...

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Prasad GLN

Because Some are harsh and extort, can we ask for banning entire Police dept., or for scrapping of the Act that empowers them ?

There may be stray incidents, and I have yet to hear that any honest PIO is really subjected to black marketing. If you can state any practical instances, facts, members highly be obliged. None of the forum members or team encourage any such tactics from citizens.

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Prasad GLN

Please remember, that there were several PIOs that are more competent, empowered, influential and powerful and experts in law supported by a team, who is using the brain storming with their politician friends, once they arrive at a solution, implement it.

Any actions under RTI Act, the remedy should only be under RTI Act alone.

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prasad.dhirendra

it requires dygnosish and pathology of Golden law.

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