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jhaamit

Section 8(1)(j) of RTI Act, 2005

Question

jhaamit

Hi Friends,

I have asked for the following information about my a person:

 

1) Joining date letter as he joined in the year 1981
2) Retirement date and retirement letter
3) Appraisals he got till now
4) Promotions he got till now
5) Last payslip before retirement
6) Last payslip after retirement
7) List of memos against him
8 ) List of cases against him
9) List of transfers and the reason of transfer

 

I haven't mentioned any relation with that man, even though we are related. Kindly help me.

The reply from RTI is "These are personal information and same cannot be provided under Section 8(1)(j) of RTI Act, 2005."

1) Should I file first appeal?

2) Are they bound to reply?

Kindly help me.

 

Thanks & regards,

 

Amit

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13 answers to this question

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  • 1
Sunil Ahya

As per section 4(1)(b)(x) of the RTI Act, even payslips received by a Govt. employee is a public record and not personal information. Please find section 4(1))b)(x) quoted below:

Quote

Section 4.(1) Every public authority shall—

b)publish within one hundred and twenty days from the enactment of this Act —

(x) the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations;

You will have to file a first appeal under section 19(1) of the RTI Act with the concerned First Appellate Authority on the following grounds.

GROUNDS OF FIRST APPEAL:

1. The following information sought through the RTI application are a public record and nor personal information. 

1) Joining date letter as he joined in the year 1981:    This is a public record and not personal information.
2) Retirement date and retirement letter                        This is a public record and not personal information.

5) Last payslip before retirement: This is a public record as per section 4(1)(b)(x) of the RTI Act and not personal information.
6) Last payslip after retirement: This is a public record as per section 4(1)(b)(x) of the RTI Act and not personal information.

2. With respect to point no. (3), (4), (7), (8) and (9) of the RTI application too the PIO needs to disclose the requested information as it is in the larger public interest (establish the grounds of larger public interest ....)

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Prasad GLN

1) Joining date letter as he joined in the year 1981:    This is a public record and not personal information.
2) Retirement date and retirement letter                        This is a public record and not personal information.

  The following queries are in between employer and employee  there is no larger public interest
3) Appraisals he got till now                                  

4) Promotions he got till now
5) Last payslip before retirement
6) Last payslip after retirement
7) List of memos against him
8 ) List of cases against him
9) List of transfers and the reason of a transfer

You may go for the First appeal for the first two, and for 3 to 9 establish larger public interest if you want information..

Members can not guarantee you as to whether they are bound to reply, and it has to be decided by IC on such grounds stated by the appellant in the second appeal in establishing larger public interest.

 

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Prasad GLN

1. Hearing for either First Appeal or second appeal is not mandatory, but experts always advised members to make good use of such hearings as chances of getting information in First Appeal stage or more bright.  When the focus is on securing information as expeditiously as possible, the opportunity has to be used without fail.

2. An appellant can depute any representative on his behalf with a simple authorization letter and representative's identity and information about the deputation of representative in writing to FAA have to be made well in advance.

3. Normally, they should suggest two dates and give the option of selection such as date to the appellant.   When only a few FAAs provide such opportunity, without postponing further, it is better to avail the opportunity of hearing.

4. The hearing is only for presenting the grounds of dissatisfaction on PIO's response and it is proper to send a representative who is well versed with such grounds and details on the query.

Remember, the burden of proof of denying information is only on PIO.  The grounds of first appeal were already stated in first appeal, so there is not much to be worried about hearing.

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Prasad GLN

The next step is for going for second appeal to CIC and wait for minimum two years for getting a hearing opportunity and for uncertain .  decision.  You may repeat the same grounds for appeal before CIC also.

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Prasad GLN
Posted (edited)

No.  The contribution of the employee is personal in nature.

However, the amount contributed by employer per month is treated as Govt pay.

You can file RTI Application and seek information as follows and take a try, as it costs Rs.32/-- only.  Solicit the information from the organization where he sought retirement.

Information solicited:

1)Please provide monthly contribution if any made by the department towards PF of Shri...................Designation:................last worked at............and retired in..............

(This is not personal information as the amount was paid by Govt to PF and there is no involvement of any individuals)

2. Please inform the last drawn Basic that is eligible for PF contribution and the percentage of PF to be contributed for Govt.Employee of that cader. 

3. Please provide total service he has put in the organization prior to retirement.

 

With this information, you can arrive approximate amount.

Escalate the same up to CIC /SIC and report success for knowledge of others.

Edited by Prasad GLN

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Prasad GLN

To end all, the information you have been seeking should have been secured unofficially through such connection in India within a day or two.  Unfortunately, we do not make sincere attempts or thank any outsider that wishes to help and always demand that information should come at our doorstep always.

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jhaamit

@Sunil Ahya @Prasad GLN Thanks a lot for your help. I have files first appeal online.

Edited by jhaamit

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jhaamit

The response to first appeal is:

Quote

A hearing is schduled in the office of FAA i.e Office Address ______________________ on 18.02.2019 at 11 AM.
Note:-Hearing for your appeal registered vide Registration number ______________________ scheduled on 18/02/2019 at 11:00 AM

 

So, am I required to be present there?

Can't I send my mom there as they know her?

Can't I negotiate the dates?

Will they deny information again if I send my her?

Edited by jhaamit

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jhaamit

I am in Pune and the hearing is in Nagpur is the reason I am thinking of letting my mom go as she is in Nagpur.

Thanks a lot for the information.

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jhaamit

My mom has attended the FAA hearing. Here is the response in https://rtionline.gov.in:

 

Quote

After hearing the submissions of both the parties the CPIO is hereby directed to furnish Last pay Slip of the concerned and other desired information as available in the office to the applicant.

But, in the letter that is sent to me, the response is:

 

Quote

The matter was heard with reference to one case vie Appeal No. CIC/KVSAN/A2017/154317/MP between Smt. Parul Saxena and CPIO, Kendra Vidyalaya, Unnao thereby the Hon’ble Central Information Commission had directed the concerned CPIO to give only total emoluments in the salary slip of Shri Anchal Saxena(her husband) to the Applicant and block the deductions claimed; and accordingly in the instant matter it was decided by the FAA to provide the Last Pay Certificate(LPC).


However, as per the Order of FAA in the said Appeal, the CPIO has been directed to furnish Last Pay Certificate of the concerned and other desired information as available in the office to the applicant. Thus, it appears that the decision taken in the hearing, and the Order issues in the matter are not in consonance with each other. In this connection, it is also relevant to mention that other information sought vide RTI application are purely personal information and do not contain the salary details which may be required for maintenance purpose. Further providing other personal information under RTI Act mat infringe the right to privacy, and also is prohibited under Section 8(1)(j) of RTI Act, 2005


It is, therefore, requested to kindly consider and modify the Order in the said Appeal, please.

So, what should be my next step?

 

 

Thanks & regards,

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jhaamit

Is there a way I can ask for PF account details through RTI as he was govt employee (now retired)?

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jhaamit

Yesterday, I got a letter from CPIO.

The contents of the letter are as follows:

 

Quote

This is in continuation of order in connection with the RTI application of Shri _____ _____ issued by this office on 20.02.2019 through online, the concerned CPIO is directed to furnish last pay slip of Shri _____ _____ to his wife Smt. _____ _____

This should have been updated in RTI online portal. But being Indian govt website, its still messy.

Anyways, things will evolve and change gradually and I am happy that the order is revised after flip flop earlier.

Waiting for the last payslip.

Thanks a lot, RTI India team.

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jhaamit

I got the payslip. Thanks a lot for guidance.

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