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jasmine_rticell

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jasmine_rticell

I had sent an information about employee attendance record, her copy of approval of pgdca and her leaves record. Pio decline the information as the information related to third party and even they obtain consent from pio. Then I sent First appeal in which I did mentioned that how attendance record is relate to third party and how copy of approval is third party. Now I am shocked with reply of FAA which is attached herewith. Now my hearing at 7 April at Punjab state information Commission.pls advice the way to get this information by the order from commission. Play reply early. IMG_20190316_165057.jpg

 

Sent from my vivo 1806 using RTI INDIA mobile app

 

 

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Prasad GLN

There are no exemptions under RTI for larger public interest.

When there is element of doubt, applicant should first state the larger public interest involved in each step of application and first appeal and should not raise afresh only before Commission during second appeal.

The larger public interest as assumed by me (according to me) is that a regular employee has faked attendance in an institution, suppressed her employment with a public office and illegally secured admission, ruining the chances of another deserving student.

It is highly improbable that an employee performs his duty with Public authority and at the same day and time attend a regular course.

As there is irregularity and crime involved, it is against larger public interest and larger public interest demands for facts on record of that public employee.   Employee's attendance record is not personal information.

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jasmine_rticell

Sir, have u any commission decision on this view

Sent from my vivo 1806 using RTI INDIA mobile app

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Prasad GLN

Be specific on what issue you want commission decision?

You can raise your grounds and plead as per your arguments and can get a decision in your favour on the basis of stipulations in RTI Act and precedence is not required.  You can plead to get such a decision and open the doors for others.

Please read basic stipulations in RTI Act and at least Sec.7 and Sec.8.

I have never come across denial of information under Sec.11 and that section only states that comments of third parties are required while seeking information which amounts to invasion on the privacy of an individual.  The Sec.7 states that denial can only be under Sec.8 subsections with such justification for applying for that exemption.

Attendance register is a public record and seeking a public record is not an invasion on the privacy of any individual.

Presuming the denial under Sec. 8 (1) (j) that states in last words "unless the CPIO or SPIO or the appellate authority as the case may be, is satisfied that the larger public interest justifies the disclosure of such information", you were advised to establish larger public interest to seek exemption from exemption of personal information.

If someone fakes or fabricates it is an offense and not in public interest as it is a punishable crime under Indian penal code.

 

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Prasad GLN

You can click forum tab on top of this post, open RTI Decisions tab and can find several decisions on Sec.8 1 (j) with caption Significant decisions  8 (1) (j).

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