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Found 12 results

  1. vijaypandeyllb

    Rejection on Sec. 8(1)(J)

    Dear Sir I have filed an RTI before the CPIO Income Tax seeking an information about a person who retired 4 years back but surprisingly working on extension till date. So far I know nobody can get extension over 2 year period so there is some thing illegal going on there. When I received the reply of CPIO rejecting the application as this is a personal information , I prefered appeal but surprisingly the Appellate Authority asked me to prove my case as how you came tom know about the same. The person in question is no more a regular employee of IT , hence provide the help in taking further action. Vijay
  2. The orders of the PSIC are as below: The appellant has also relied on the decision of a DB of Kerala High Court in, Centre of Earth Science Studies vs. Dr. Mrs. Anson Sebastian and another, W.A. No. 2781 of 2009, decided on 17th February, 2010. In this case, information pertaining to confidential reports of six other employees was sought along with some documents pertaining to an inquiry against another employee. The plea of fiduciary relationship was also taken. The Court rejected both the pleas and held that Confidential Reports are essentially performance appraisal by higher officials, which along with other things constitute the basis for promotions and other service benefits. The Court referred to a Government of India’s Office Memorandum dated 14.5.2009 by which the Confidential Reports had been replaced by annual appraisal reports. Observing that the first respondent has grievance in her service and in order to satisfy herself about the propriety and correctness of promotions and other benefits given to similar employees, she wants details of the same, the Court observed that the Confidential Reports of the employees couldn’t be treated as records pertaining to personal information of an employee. The publication such reports is not prohibited under section 8 (1) (j). The Bench, therefore, concurred with the findings of the single Judge and dismissed the writ petition. Coming to the fact of the case before me, it is alleged that doctors junior to appellant have been promoted and she has been discriminated against. Surely, it is a matter in public interest. The appellant and her three colleagues are public servants drawing salary from the State Exchequer. Their promotion is determined on the basis of APARs. Once promoted, they draw higher salary and enjoy a better status in public service. The Annual Performance Appraisal Reports are personal to the extent that they pertain to the concerned individual employee. However, they are not personal in the sense that they relate to performance appraisal of a public servant in discharge of public functions, and not an assessment of his private or personal affairs. The APARs are public documents held in the custody by public authorities. These are used for man- management in public offices. The matters pertaining to promotion of public servants are matters of public interest and disclosure of information is for a public purpose. Even if we were to presume, though it has not been so alleged, that the APARs contain some personal information of the concerned employee and in addition, may also contain a self assessment by the employee, the fact remains that the information contained in APARs is related to and is relevant in the context of the public duties and functions of the concerned individual official. It is not personal information relating to private affairs. Besides what is protected under Section 8(1) (j) is “unwarranted invasion of privacy”. It is not disclosure of personal information per se, but such disclosure should lead to unwarranted invasion of privacy of the individual. Disclosure of a public document relating to appraisal of public functions of a public functionary could never be unwarranted invasion of privacy. Rather its denial would be deprivation of the citizen’s right to know how public servants, paid form taxpayers deductions, are performing public obligations. If there were to be any doubt regarding disclosure of such information, it is removed by the Proviso to Section 8(1) (j) which states that an information which cannot be denied to the parliament or legislature, shall not be denied to any person. Surely, such information as asked by the appellant could not be withheld from the Legislature. Disclosure of the information sought by the appellant, in any case, therefore, is not prohibited by Section 8(1) (j). Section 11(1) is also subject to the Proviso which permits disclosure of information if the public interest outweighs in importance any possible harm or injury to the interests of such third party. The APARs may be confidential in nature but are freely circulated and available for consideration and evaluation in the government. The human resource management in government is based on APARs. There is, thus, a larger public interest in disclosure of these documents and it far outweighs in importance of any possible harm or injury to the interests of such third party officials. Disclosure would promote transparency in governance, which is the objective of the RTI Act. The Parliament enacted the law for setting out the practical regime of the right to information to promote transparency and accountability in the working of every public authority. Orders.doc
  3. As reported at deccanherald.com on 14 February 2011 ncome Tax authorities here have declined to reveal the details of the tax returns filed by NHRC Chairperson Justice K G Balakrishnan and 7 family members on an application filed under the Right to Information act, after the former CJI objected to the disclosures. The application was filed by Dr T Balachandran following allegations of wealth disproprotionate to known sources of income against the family members of Justice Balakrishnan. The appliacant had sought information and documents certified copies of the IT returns submitted by Justice Balakrishnan for the financial years 2005-06 to 2009-10, details of investigation and enquiry conducted by the department against him and his son, K B Pradeep, two daughters -- Sony and Rani, sons-in law M J Benny and P V Sreenijan and brother K G Bhaskaran and certified copies of the reports and related documents with file notes relating to the investigation and enquiry conducted by the IT department if any. The IT department had isued a letter to Justice Balakrishnan to furnish his objections in connection with the disclosure of the docuemnts. In response to the letter, Justice Balakrishnan filed a letter dated Feb 5, objecting to the disclose the above information stating that disclosure of the information sought for by Dr balachandran is one which is exempted from disclosure as per sect 8(i) of the RTI act, 2005. 'Information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarrnated invasion of the piracy of the individual are completely exempted from disclosure unless the Central Public Information officer or the state Public Information Officer of the appellate authority, as the case may be, is satisfied that the larger public interest justified the disclosure of such information', justice balakrishnan stated. Rejecting the application, K Sudhakaran Pillai, Central Public Information Officer and Income tax officer, ward 3(1), Kochi said there is nothing mentioned in the applcation as to how the disclosure of the information would serve the larger interest. The applicant's counsel, advocate D B Binu, said they would be filing an appeal against the order within 30 days.
  4. Scope of Section 8 (1)(j) of The RTI Act, 2005- 'Privacy' as abuse for claiming exemption INTRODUCTION Section 8(1)(J) of the Right to Information Act, 2005 (Hereinafter called 'The Act') provides that notwithstanding anything contained in this Act, there shall be no obligation to give any citizen- “Information which relates to personal information the disclosure of which has not relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information officer or State Public Information officer or the appellate authority, as the case may be satisfied that the larger public interest justifies the disclosure of such Information”: Provided that the Information, which cannot be denied to the parliament or a state legislature shall not be denied to any person. When a citizen is seeking information about his own case, there is no intrusion into the privacy of his case for denying the information. Personal information mean about a third party. Section 8(1)(j) can be applied only when some one is seeking information about a third party and there will be an element of invasion of privacy. CIC Defined “Invasion of Privacy” as “One, who intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another or his private affairs or concerns, is subject to liability to the other for invasion of his privacy, if the intrusion would be highly offensive to a reasonable person.” A personal information must be saved from being made public by the public authority which happens to receive such information. It is to be remembered that a personal information does not cease to be personal just because it is delivered into the care of the public authority by the individual such information. Commission also cannot be oblivious to the fact that personal information, when allowed to be accessed by third parties has the potentially to expose the owner of such information to mischief, harassment, intimidation, defamation and worse. The boundaries of personal/private domains must never be allowed to be breached and, if at all breached, must be for compelling reasons, cautiously, carefully and responsibly evaluated by a competent authority as the Act can't be so interpeted as to allow poaching by third parties into personal domains. SCOPE OF SECTION 8(1)(J) The scope and ambit of section 8(1)(j) has been explained in recent decision of Full Bench of this commission in the following terms: “In so far as application of Section 8(1)(j) to deny disclosure on the ground that personal information which has no public interest is concerned, it is necessary to explain the scope and ambit of this sub section. Section 8(1)(j) reads “information which relates personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central public Information Officer or the State Public Information officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information”. This section has to be read as whole. If done so it would apparent that “personal information” does not mean information relating to the information seeker, but about a third party. That is why, in the Section it is stated “unwarranted invasion of the privacy of the individual”. If one were to seek information about himself or his own case, the question of invasion of privacy of his own self does not arise. If one were to seek information about himself or his own case, the question of invasion of privacy of his own self does not arise. If one were to ask information about a third party and if it were to invade the privacy of the individual, the information seeker can be denied the information on the ground that disclosure would invade the privacy of a third party. Therefore, when a citizen seeks information about his own case and as long as the information sought is not exempt in terms of other provision of Section 8 RTI Act, this Section cannot be applied to deny the information.(Decision in Appeal No. CIC/WB/A/2006/00469; & 00394 -Shri Rakesh Kumar Singh Vs Lok Sabha Secretariat) RTI Act vests with every citizen the right to seek information from public authority and every public authority is bound to furnish the information sought for as long as the same is not exempt from disclosure. Section 8(1)(j) has to be read as whole Protection of personal information, especially of a third party, is a valuable privileges which should not be lightly done away with or diluted. Such information should not be disclosed as it is personal information given in confidence and trust to a public authority. The sanctity of the private domain must be kept inviolate at all times.Applicant seeking information about his own case does not attract section 8(1)(j). “personal information” relating to the information seeker, is not barred under section 8(1)(j) is applicable only in respect of third party information since it is going to interfere with the privacy of the individual. NON EXEMPTED INFORMATION Denial of information by the Public authority in the garb of u/s 8(1)(j) of the Act, stating that the information is confidential, is unjustified and will be treated as abuse and will an obstruction in any manner. There is no way section 8(1)(j) can be applied in this case when the appellant is seeking information about his own case. As per number of CIC Decisions Following Information can't be denied by the Public authority on the ground that it is 'personal information'- 1. Appointments, promotions, ungradations are all public activity, hence the exemption has been wrongly applied. 2. Document regarding the transfer of two of his colleagues, vis-a-vis whom he felt that he had been discriminated against is not exempted. 3. It was pointed out that the details of leave taken by the public servant has to be disclosed, however, the purpose for which the leave taken by the public servant has to be disclosed, however, the purpose for which the leave was taken need not be given because it is exempted under section 8(1)(j) of the RTI Act. 4. LTC Information of officials not personal to them. 5. RULES GOVERNING salary, service matters, study leave records, Posting and transfer information of public servant can't be called 'personal information'. 6. Tour programme of officers not personal information. 7. Personal Information sought by legal hier of the deceased employee is not exempted to him. The commission is of the view That the instrumentally of disclosure under RTI Act must be allowed to be used in such matters with abundant caution with full cognizance of the potentially of its misuse. No, Public Authority can malafidely deny the information on the ground of personal information and it is expected from the PIO concerned to construe the meaning of this Section in fullest conformity with this Act by taking into consideration the facts of case in hands keeping in mind that the boundaries of personal/private domains must never be allowed to be breached and, if at all breached, must be for compelling reasons, cautiously, carefully and responsibly evaluated by a competent authority as the RTIAct can't be so interpreted as to allow poaching by third parties into personal domains. This information was published in the “LAWYERS CLUB OF INDIA” DATED 31/05/2011 V.RAJAGOPAL,COIMBATORE,TAMILNADU
  5. As reported at timesofindia.indiatimes.com on 20 May 2009 NEW DELHI: The Central Information Commission (CIC) has directed the ministry of external affairs to disclose all details pertaining to the inquiry into alleged misuse of government fund between 2005-06 by the then Ambassador to Turkey. The details of the case, closed by the Central Vigilance Officer of the department saying it may have been procedural error but without any financial loss to the government, were sought by one Balendra Kumar under RTI Act. The information was denied by the ministry citing the clause of the Act which exempts personal information, which has no relationship to any public activity or interest, or which could cause unwarranted invasion of privacy of the individual, from disclosure. "There is no merit in denial of information as 'personal information' while invoking section 8 (1)(j) of the RTI Act, since public interest far outweighs any harm done to protected interests," held Information Commissioner Annapurna Dixit. The case relates to a complaint made to Central Vigilance Commission under Public Interest Disclosure and Protection of Informers (PIDPI), disclosing incidents of alleged misuse of government funds and corruption at the Embassy. During the period-- 2005-06-- mentioned in the complaint Chitra Narayanan was posted as the Ambassador in Turkey. Source: Disclose details on misuse of fund by Indian envoy: CIC to MEA - India - The Times of India
  6. R.J.Shinde

    rti

    What does personal information mean under RTI or what constitutes personal information under RTI. Please answer with examples.
  7. A senior citizen is living has a tenant along with his daughter who is mentally unwell and grand children. Due the attitude and misbehaviour (who assaults/threatens) of the sr. citizen's daughter, the flat owner association has lodged several complaints with the local police station. Sr. Citizen's flat owner is not cooperating with the association. The Sr. Citizen hiding many facts, has just wrote to the Offices of several flat owners who are govt. employees seeking information about their attendences, transfers etc and also sought help from the PIO to take action against them under sr. citizen act for harassing and tresspassing etc. The information sought is irrelavant to him. He seeks to take action against them. Does the PIO has the right to disclose and advise in the reply?
  8. As reported by Jeeva at timesofindia.indiatimes.com 28 October 2009 CHENNAI: With the debate about the disclosure of assets by high court and Supreme Court judges still on, the state government in Tamil Nadu has refused to disclose property details pertaining to IAS and IPS officials under the Right To Information (RTI) Act. While the Secretariat has refused to permit an RTI activist to inspect property statements submitted by IAS officials, including the chief secretary and the home secretary, the office of the director general of police (DGP) has failed to disclose property details of police officials even a month after the Tamil Nadu State Information Commission's directive to do so. The commission had issued the directive on September 15 to the public information officer at the DGP office, to provide details to V Gopalakrishnan, a resident of K K Nagar, who had filed an RTI application in January this year. The applicant had sought details about police officials, from sub-inspector to IPS officers, who had sought permission from government to buy immovable property from 2006 to 2008. The DGP office, in its reply given in April, categorically refused to provide the details, stating that they were exempt from disclosure under Section 8 (1)(j) of the RTI Act. Challenging the refusal, the applicant moved the state commission and obtained an order in his favour. In the case of disclosure of property details relating to IAS officials, the public department in the Secretariat, in its reply to the RTI application filed by V Madhav of Porur in February this year, said that the information sought was personal information such as income-tax returns and, hence, could not be inspected under Section 8 (1) (j) of the RTI Act as it would amount to unwarranted invasion of privacy of the individuals'. Madhav wanted to inspect the asset disclosure statements submitted by the chief secretary, home secretary and secretaries of eight other departments, including revenue, industries and the PWD. The applicant filed an appeal with the state commission, saying that disclosure of property details of government servants could not be considered invasion of privacy when MLAs, MPs and high court and even Surpreme Court judges disclosed assets. "Making public the asset disclosure statements of government servants would check accumulation of assets disproportionate to known sources of income. Besides, Section 8(1)(j) of the Act itself says that information cannot be denied to citizens if the same cannot be denied to Parliament or a state legislature,'' Madhav argued in his submission before the commission. After hearing the case, the commission has now reserved its orders Source: Secretariat, DGP's office refuse to disclose property details - Chennai - City - The Times of India
  9. I require certain personal informations such as 1.Attendence of an officer in state govt for a period , say a week in his office,his presence or absence 2.His property returns to Govt.on his appointment and during service 3.His date of marriage True ,I see ,PIO /FAA shall very rightly inpose Section 8.1.j.of RTI Act,but I genuinely require them for producing as evidence,pertinent evidence in a Criminal Court pursuing a case of forgery as prosecution-complainant.. I have ,in fact filed the applications & 1st appeal,I didn't get the information,but I have filed 2nd Appeal stating why I need them and appealed to SIC to take recourse to 8.2, & 8 .3....disclosure out weighes protected interests. My appeal is yet to be heard. Can anybody guide me how to plead so that I get the information on direction of SIC in my 2nd Appeal.Any decision of SIC/CIC in this regard?
  10. #StrangeDecision I have requested the Following information to KU for my WIFE under RTI from Kurukshetra University... (i) Subject matter of information – Information required for (ii) The period to which the information relates: Apr’06 – Till date (iii) Description of the information required. a. Name: b. Date of Birth: c. Father’s name: d. Permanent Address: e. Student Since (From date and till date) f. Course enrolled for: g. Course Commencement date h. Course end date i. Registration/ Roll Number: j. Name of college/Dept/ Institution k. Place l. Joined the course as Full time/ part time/ Correspondence/Distance Education m. Any Stipend paid (If Yes, how much) n. Martial status Can anyone read the above and suggest, Is this information asked for is for student or employee ??
  11. Do we have RTI from Cooperative banks as well as from Nationalized banks? Question-1) What are the rights of the Loan Recovery officer of a Co-operative bank in regards to recover a loan from a Garentor? Question-2) Can a Loan Recovery officer of a Cooperative bank give orders to Nationalised banks to seize the accounts of Loan Garentor without the seal or order of Special Magistrate? Question-3) Can a Nationalised Bank like ICICI have rights to accept the orders of Cooperative Bank's Loan recovery officer to seize the accouts of Loan Garentor? Question-4) For how many days, months or years can a Bank account be siezed? Question-5) Can a Nationalised Bank seize the accounts without intimating / informing its consumers in time?
  12. puneet.bansal

    Application under RTI to BSNL

    I have sent a letter to BSNL in Dec 2007 asking for information of all incoming and outgoing call at two number (Landline and Mobile) w/o citing any reason. To my surprise, BSNL replied with the names of owner of the two numbers. One number is on name of my elder brother in law i.e. Landline one.... Mobile is on the name of the younger brother in law... Information about the call is denied citing reason as personal information cannot be shared... Reply from PIO BSNL also mentioned that Mobile number is not active since May 2007 Now I came to know that requested information, not sure how, is known to my inlaws as well... Please see the blog on " PHONE DETAIL INQUIRE Hi Friends, Some person has demanded the details of incoming & outgoings of my landline phone & my mobile phone from BSNL under the RTI ACT & bsnl is suppling the same to him. Weather is legal. Means can we get the private detail under this law " If the Mobile number is not active any more how will this information be shared with him?? Can we ask this information back in RTI ?? Do I need to ask this information to PIO or can I directly move to AA ??
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