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arunpanwar10

Pio denied information

Question

arunpanwar10

I had asked PIO,

 

Please inform whether ' X person' was present on duty on 01/01/2018 or not.

 

PIO replied stating that the requisite information is third party information and exempted under Section 8 e/j.

 

The said 'X person ' is my colleague and in the same department.

 

PIO is intentionally and malafidely denying the information.

 

Sent from my ONE E1003 using RTI INDIA mobile app

 

 

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arunpanwar10

Both are government servants

Sent from my ONE E1003 using RTI INDIA mobile app

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Prasad GLN

Go for First appeal as Public Document like muster roll is not personal information and connected with public activity.

Even  for personal information, one has to explore third party clause within a time frame and seek opinion of third party.  Sans this, it can be treated that PIO is not following laid down norm as per Sec.11.  This RTI Act and Sec.11 is very much available in the forum.  Structure First appeal in polite manner bringing attention of FAA on Sec.11, that attendance register is not a personal document, and what was personal was well defined in Supreme Court judgments.  Religion, marriage, educational qualifications,, caste etc., amounts to personal and not a public record of attendance register.

Remember, next time, seek the information indirectly.  For example you should have asked for a copy of Attendance Register/Muster roll of that dept., instead of stating a name.  The third party's attendance on that document should have been served your purpose as public copy.

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arunpanwar10
Read the Best and comprehensive articles stating various HC Judgments in the following link on third party information.  Get a print out and if needed provide that printout FAA during hearing.
 
https://righttoinformation.wiki/explanations/third-party#how-to-interpret-third-party-clause?cn=ZmxleGlibGVfcmVjcw%3D%3D&refsrc=email
Thank you so much sir

Sent from my ONE E1003 using RTI INDIA mobile app

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Sunil Ahya

Ideally the RTI query should have been:

1. Please provide a photocopy of the attendance register of employees of XX department for the period XXXX.

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