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onlytruth

Asset and Laibility statement of employee denied by PIO under 8(i)(J)

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onlytruth

Dear Gurus

 

I applied for asset and liability statement of an employee from State Bank of India(SBI). Employee of SBI are required to be submitted every year by 31st March.

 

 

I have been denied information saying that this information is related to third party and under section 8(i)(j) it can not be given.

 

 

My first question is whether PIO is correct in denying employee information.

 

Second if I need this information to prove corruption by the said employee, is PIO still correct in denying information?

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dr.s.malhotra
My first question is whether PIO is correct in denying employee information.

 

PIO has wrongly denied the information . This is in public domain . File FA .

 

Second if I need this information to prove corruption by the said employee, is PIO still correct in denying information?

same as above . This is not 3rd party information so no need to give reasons for getting it . Public Interest is not to be provided for information which is already in public domain .

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onlytruth

Thanks Mr Malhotra,

 

Did you mean employee asset and liability information is in public domain? Please confirm.

 

Shall I mention that asset and liability information is in public domain in my application. What will be justification for it - I mean how come an employee asset and liability statement is in public domain?

 

( Above question is sufficient to prove that I am a novice.. but I need to know)

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dr.s.malhotra

It has been held by Hon'ble High Court of Punjab and haryana , Karnatka that property returns of employees are in public domain since these are involuntary , required under conduct Rules governing employees . Similarly , PSIC has in 2009 allowed disclosure of assets of IAS officers . DoPT , GOI , has put assets of IAS officers on the internet wef 20.04.2011 . All these citations are available on this forum .

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onlytruth

Hi,

 

This is Satya Bachan from Bangalore. Though I have been a regular visitor to the site, finally I created an account for myself yesterday.

 

 

I am aware of RTI and have used it couple of times. Till now I used to get requested information without much problem.

 

Yesterday, in response to my one of application, I was told that asset and liability statement can not be supplied for an officer in State Bank of India. The reason given was that it is third party related. Also my request for information on a dowry investigation against the same employee were denied saying that there is a court case pending. But the fact of the matter is there is no court case pending involving either of the said officer, SBI or applicant as parties.

 

I wrote my query yesterday and have got a two responses. If any of you want to enlighten me on how to proceed please let me know.

 

 

Leaving my current things at hand away, I have been and am currently involved in some public cause - I would be glad to be of any help to you all

 

Cheers

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dr.s.malhotra

plz do not start multiple threads for same issue which is already under discussion . It will only increase clutter .

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onlytruth

Update,

 

Yesterday, after 39 days of getting appeal I got a call from FAA office that my appeal is being denied ( for getting Asset and liability statement). I had given previous judgments from high courts that asset and liability statements are not exempted under 8(1)(J)

 

Now I understand that second appeal is way forward.

 

Couple of questions

1. Shall I file online appeal with CIC or through the paper only.

2. Shall I also file complaints( in addition to appeal)

3. How to make case stronger?

 

Thanks for your help

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dr.s.malhotra

1. Shall I file online appeal with CIC or through the paper only..... both are equally efficient / inefficient

2. Shall I also file complaints( in addition to appeal).... no , stick to SA only

3. How to make case stronger ? Read the decisions of PIO and FAA carefully and know the grounds of denial . Read same sections specifically to see if the Order is assailable and draft your pleadings with that in mind . Go thru some of the oft quoted citations available on this portal . This portal is wealth of knowledge on RTI .

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RAVEENA_O

Also file 3 - 4 different RTI Application with same PIO seeking same statement through different persons after a gap of 10 or 15 days to create more penal liability on them.

 

Also read this link to see similar issues: http://www.rtiindia.org/forum/search.php?searchid=357049

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