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vikrama07

Deceased Dealer

Question

vikrama07

Sir/Madam

A Fair Price Shop dealer was appointed under ST Category earlier and has expired in the year 2012. Later His daughter has been appointed as the dealer on compassionate grounds and at the time of her appointment, the said women has submitted her Caste Certificate as "BC". Now another dealer is asking for the prescribed application format submitted by, both the father and daughter, which is required for grant of Authorization required to run the Fair Price Shop, under the RTI Act.  Here the question is the said prescribed format contains the persona details of the applicant such as Aadhaar Number, Mobile Number, Address, Caste etc., Can this information be provided to the applicant, without the knowledge of the Fair Price Shop Dealer.  Further, can the Office provide the details of the Fair Price Shop Dealers, who is now dead.

Please guide.

Vikram Kumar Saathiri

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Prasad GLN

Transparency and accountability involving larger public interest are the objectives of RTI Act.

Once the application is filed before public authority, it is not a confidential document, but a public document and must be made available for scrutiny by citizen, as this is not personal information.  By providing the copy of  the application based on which a compassionate appointment was preferred over others the extent of deviations in actions of authority can be determined by the citizen.

Any information which PIO thinks is personal information that may amount to invasion of privacy (AADHAR, MOBILE No etc) can be severed from application. 

PIO can provide that information by covering that personal information by covering with white liquid or through colouring it black etc.,

The simple guidance for PIO is that all information available in material form as a public record if not exempted under Sec.8 (1) must be provided.  If PIO wishes to deny information, he is supposed to mention such clause and with justification for denial on such clause of exemption.  Applications are not confidential documents or having a personal angle.  The status of living or dead makes no difference in providing a public record in custody of the authority.

 

(Honestly there are some clouds in giving such appointment either to father or daughter as father's caste is ST and daughter's caste is BC, one must have provided a fake certificate and it is certainly the father that must have provided such certificate.  However once a bonafide certificate was submitted by applicant, unless that certificate is cancelled by appropriate orders, it amounts to a bonafide document.  Compassionate appointment may be different and depends on practice and if a certain shop is reserved under ST Category, even appointing a BC in that category may amount to violation irrespective of relationship.)

Edited by Prasad GLN
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Sunil Ahya

Please read Section 10 which provides for sever-ability:

Quote

 

Section - Severability

10. (1) Where a request for access to information is rejected on the ground that it is in relation to information which is exempt from disclosure, then, notwithstanding anything contained in this Act, access may be provided to that part of the record which does not contain any information which is exempt from disclosure under this Act and which can reasonably be severed from any part that contains exempt information.

(2) Where access is granted to a part of the record under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall give a notice to the applicant, informing—
(a) that only part of the record requested, after severance of the record containing information which is exempt from disclosure, is being provided;
(b) the reasons for the decision, including any findings on any material question of fact, referring to the material on which those findings were based;
(c) the name and designation of the person giving the decision;
(d) the details of the fees calculated by him or her and the amount of fee which the applicant is required to deposit; and
(e) his or her rights with respect to review of the decision regarding non-disclosure of part of the information, the amount of fee charged or the form of access provided, including the particulars of the senior officer specified under sub-section (1) of section 19 or the Central Information Commission or the State Information Commission, as the case may be, time limit, process and any other form of access.

 

 

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