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  1. The information sought under the Right to Information was refused on the grounds that it was available with the NBE in a "fiduciary capacity" and could not be divulged without consent from the hospitals. The National Board of Examinations, which regulates almost 7,000 post-graduate medical seats, mostly in private hospitals, has refused to share inspection reports of hospitals on the basis of which seats were granted. In its response to RTI applications, the NBEstated that it had asked the hospitals if information pertaining to them could be given to a third party but the hospitals had refused. The Medical Council of India (MCI), which regulates roughly 28,000 PG seats, in contrastputs all inspection reports on its website. Since post graduateseats regulated by NBE are equivalent to those regulated by MCI and both bodies essentially perform the same function, it is not clear why NBE cannot also put this information in the public domain. Asked why they had refused to part with this information, NBEofficials told TOI that its assessment reports also included employment contracts of hospitals with faculty members and income tax details of the faculty along with pan number, which areconfidential and could not be shared. Asked why such information alone could not be kept confidential while revealing the assessment reports, they claimed the relevant assessment documents, list of assessors and other details would be put up on the new website once it becomes operational by June end. Yet, the NBErefused this information to RTI applicants. View full entry
  2. Instead of providing information to the applicant, the jail administration sought permission from Salman, asking him of his opinion. "Since the information sought by the applicant belonged to a third party , we have sought his (Salman's) permission" Bengaluru resident T Narsimha Murthy had moved an application under the RTI Act on April 10, seeking information that who all came to meet Salman in the jail during his judicial custody from April 5 to 7 after his conviction by the trial court in the blackbuck poaching case. Instead of providing information to the applicant, the jail administration sought permission from Salman, asking him of his opinion! Justifying the move, DIG (jails) Vikram Singh said since the information pertained to a third party, the jail administration required to have his permission before providing the same to the applicant. "Since the information sought by the applicant belonged to a third party , we have sought his (Salman's) permission", Singh said. Prima Facie, the information does not seem to be third party information and could have been given in larger public interest. What are your views? View full entry
  3. Whenever information relating to or supplied by the third party is sought under RTI Act, PIOs refuse stating that information pertains to third party. Some PIOs issue notice to third-party u/s 11.1 and if the third party does not permit, PIOs decline supply of information stating that third party has not permitted or has objected to supplying of information. NOTE ON THIRD PARTY INFORMATION- REFUSAL BY PIO under RTI ACT Whenever information relating to or supplied by third party is sought under RTI Act, PIOs refuse stating that information pertains to third party. Some PIOs issue notice to third party u/s 11.1 and if third party does not permit, PIOs decline supply of information stating that third party has not permitted or has objected to supply of information. First appeal needs to be filed based on following points under such circumstances: 01. Third party should have treated information as confidential while supplying the information. If it is not treated as confidential by third party section 11 will not come into operation. 02. Even when party has treated information as confidential, it has to be disclosed if larger public interest is involved outweighing in importance any possible harm to interest of third party. [This is not applicable to information relating to trade or commercial secrets protected by any law]. 03. PIO does not require permission or NOC from third party. He has to give third party opportunity to be heard orally or in writing. He should then finally decide whether information should be revealed or not. 04. Even in case of third party, PIO has to deny information only under sections 8 or 9 as provided in section 7.1. PIO is also required to justify how he came to the conclusion that section 8 or 9 is applicable for such denial. Similarly the third party should have objected to disclosure only under section 8 or 9, justifying non-disclosure. 05. Information of the third party which is already in public domain has to be revealed without complying with section 11. 06. Denial of information just because it relates to or is supplied by third party and /or treated as confidential by third party, without assigning one or more reasons mentioned in sub-sections of 8.1 or 9 is in gross violation of provisions and spirit of RTI Act. 07. Section 11 comes into play only if PIO first intends to reveal information subject to the hearing point of view of the third party. If PIO does not want to reveal, section 11 does not come into play. 08. The applicant is entitled to have a copy of say of third party or minutes of oral hearing by PIO based on which PIO has decided to deny disclosure. This will enable the applicant to file the first appeal. This is true of first appeal proceedings also. 09. PIO is also bound to decide whether information supplied by third party can be treated as confidential by third party. The third party has to justify why information supplied by it should be treated as confidential. 10. When information per se or ex facie cannot be regarded as confidential, then the procedure under section 11 is not to be followed. 11. As regards information relating to third party which is not supplied by third party, but created by public authority, PIO should invoke section 11 only if third party would be justified in treating information as confidential. 12. Any information which is older than 20 years as on date of RTI application relating to any occurrence, event or matter of a third party has to be disclosed by PIO, without reference to third party. 13. Information generated by govt employees as part of his service cannot be treated as third-party information. 14. Refer CIC decisions as under: CIC/SG/A/2011/002117/15548 dated 11-11-2011 CIC/AT/A/2009/000821 dated 16-03- 2010. CIC/SM/A/2011/001687 dated 10-10-2011 CIC/AT/A/2007/01297 dated 29-02-2008. and following judgments: Dated 26-11-2010 of Hon’ble HIGH COURT OF GUJARAT in SPECIAL CIVIL APPLICATION No. 7538 of 2010 [para 8] Dated 30-09-2011 of Hon’ble HIGH COURT OF DELHI in LPA No. 719/2010 Dated 25-06-2007 of Madurai Bench of Hon’ble MADRAS HIGH COURT In WRIT PETITION (MD) No.5427 of 2007 and M.P. (MD) Nos.1, 2 and 3 of 2007 It is advisable to attach this note signed by the applicant with RTI application seeking information of third party, so that PIO does not reply on flimsy grounds. Compiled by: Please also refer - http://www.rtiindia.org/blogs/entry/292-rights-third-party-under-rti-act.html
  4. Can I ask information of salary, post held, duty hours, CCTV footage etc. of a govt. Employee. Is this information fall in the category of 3rd party info. Is there any chances of denial of information and under which rule of rti they can deny it. If above info is denied then under which rule I can challenge it.
  5. Respected members, I'm stuck in a bit of issue and hoping you could help me out here. Firstly, i'm not in the country and need to show evidence of my license, i.e. it's genuine. Unfortunately, my license details aren't available online and emails and phone calls to local RTO have gone unanswered. I'm trying to file a RTI to get this information. However, the caveat to my situation is that: 1) The information needs to be directly sent to a government agency here in Australia or 2) Sent via some kind of postal service that shows evidence that it was sent from a government agency in India What's the best way to go about this? How to ensure that it is sent overseas as well as sent in a format that ensures authenticity of the origin of the document? Thank you in advance
  6. mark selvaraj

    Rti 3rd party

    Hi, I have asked for few documents under rti. But the PIO in his reply states that it is 3rd party info & he is asking me the 3rd party address. So if the information sought is 3rd party then the pio shoud find the 3rd party address or i should give him the address.
  7. Hello, We filed our first RTI to NOIDA Authority seeking information regarding one of the housing project. We were seeking copies of layout plans approved by authority for a private builder. Now authority replied after 30 days (Aug 8th, 2013) stating that this is third party information and a letter is being sent to third party for appeal/NOC. Additionally authority did not reply to 3 of RTI applications out of 6 that we had filed. We are o the edge of unearthing a major scam in Noida and we know they are deliberately trying not to provide us information. Attached is the RTI reply in image : My question to all experts here are: 1) Do you think layout plans approved by authority for a private builder is third party information? 2) How much time can they really take replying to our application? 3) As NOIDA has not replied to 3 of our applications, what should be our action plan? Please suggest if this query should have been posted in another thread as i am a novice here and in RTI world too.
  8. I had filed an RTI application to MAGADH UNIVERSITY, BIHAR seeeking info about a degree certificate issued to a candidate who had secured a govt job using that certificate. As per the information collected by me, through my earlier RTI applications, it was amply clear that the degree used by the candidate(the other party) was a fake one. I was denied the same govt job as I was placed in the waiting list at number one position. The state commision had asked the university to set up an enquiry commision to find out the truth. University had submitted the enquiry report in a sealed envelope to the state commision. The other party's lawyer argued in the court that the copy of report should not be given to me without the permission of his client. He argued that there are certain judgements by supreme court which he will produce in the court. My request to the members in this forum is that whether court can deny me the copy of the enquiry report? Copy of latest order attached.
  9. My ex wife left my home 13 years ago, later divorced. but she was using my name/surname and address even after 13 years. so i filled RTI for passport number and residencial address but its denied upto CIC; saying 3rd party information. As passport number is not her personal property. Now i found her passport copy some other way and everything was as i suspected. can i sue PIO/MEA/CIC for willfully denying information ? if so where to file ? with CIC or Court of Law ?
  10. Hello, With the rising crime against women in Assam we have decided to initiate a project to combat crimes against women and to provide assistance to the aggrieved victims. For project research and development we want to get certified copies of all the FIR's filed with regard to the following crimes against women month wise since the year 2005: Rape Kidnapping & Abduction Dowry Deaths Torture Molestation Eve-Teasing Importation of Girls Sati prevention Act Immoral Traffic and copy of Investigation report of the filed FIR’s with regard to the above mentioned crimes against women since 2005 month wise. Can the PIO deny our application on grounds of 3rd party information? Thank you. Regards, M.Kalsi
  11. The CIC has ruled that PIO is not bound by third party views on disclosing some information. He has to form his own independent opinion. We have carefully considered the facts of the case. In this case, the IBM had issued a letter to M/s Alatge Stone Crushing Industries apparently for some violations. The company had replied to that. It is not clear why the reply given by the company to a show cause notice should be considered by the CPIO to be third party information under section 11(1) of the Right to Information (RTI) Act. The entire exchange between the IBM and M/s Alatge Stone Crushing Industries is a part of a statutory exercise. The explanation given to the show cause notice is neither a confidential document nor a personal one; it is furnished in response to a statutory show cause notice. Therefore, the CPIO, in our view, was not right in treating it as third party information within the meaning of section 11(1) of the RTI Act and in consulting him. Besides, even if he had consulted the party concerned, he was not bound to be guided by its views; he was expected to exercise his own mind and come to a conclusion. Instead, the CPIO decided to deny the information simply because the party concerned did not give its consent. We should not forget that the proviso to section 11(1) clearly states that even third party information should be disclosed in larger public interest except in the case of trade or commercial secrets protected by law. In any case, the CPIO's order is completely silent on any such aspect. Mining activity has evoked considerable concerns from the public in recent years for a variety of reasons including its potential for environmental pollution and illegal exploitation of public resources. Therefore, there is also considerable public interest involved in disclosure of such information. Full order is attached to this post. PIO is not bound by third party views.pdf
  12. In a matter related to disclosure of Income Tax details of a spouse, the CIC has ruled that a spouse cannot be treated as "third party" as long as the marriage subsists: It appears to me that there is estrangement between the husband and the wife. The wives generally try to collect this information for canvassing their cases in the Family Courts for grant of maintenance. A wife can not be treated as third party in the strict sense of the term, so long as the marriage subsists. However, after divorce, the legal position changes. I am told that marriage still subsists between the appellant and Shri Shobhit Garg. Hence, it will not be correct to deny information on the ground that the appellant is a third party. In the given facts, I order that gross income and net taxable income declared by Shri Shobhit Garg in the last ITR filed by him, may be disclosed to the appellant. No other information is required to be disclosed. Full order is attached to this post. Spouse not a third party if marriage subsists.pdf
  13. The CIC has ruled that the PIO cannot charge the applicant for seeking third party consent. In this case, the PIO wanted the applicant to pay additional fees of Rs 3375/- to seek consent from 151 BSNL employees. Full order is attached to this post. No additional fees for seeking third party consent.pdf
  14. CIC has ruled that inability to locate third party is no excuse to deny a citizen his Right to Information: The respondents also states that the present whereabouts of the third parties are not maintained by the Ministry. The Commission rules that if the third party’s address is not located it does not mean the citizen’s right to information would disappear. Section-11 is a procedural requirement that gives third party an opportunity to voice and objection in releasing the information. Inability to locate third party does not mean information to be denied.pdf
  15. THIRD PARTY SECTION 11 DISCLOSURE PIO is expected to follow the procedure of Section 11 when he “intends to disclose any information or record”. This means that the PIO has come to the conclusion that the information is not exempt as per the provisions of the RTI Act. It is clearly stated at Section 11 (1) that ‘submission of third party shall be kept in view while taking a decision about disclosure of information. The information ‘which. relates to or has been supplied by a third party and has been treated as confidential by that third party’. Thus the procedure of Section 11 comes into effect if the PIO believes that the information exists and is not exempt, and the third party has treated it as confidential. The PIO must send a letter to the third party within 5 days of receipt of the RTI application. It only gives the third party an opportunity to voice its objections to disclosing information. The PIO will keep these in mind and denial of information can only be on the basis of exemption under Section 8 (1) of the RTI act. As per Section 11 (3), the PIO has to determine the whether the information is exempt or not and inform the appellant and the third party of his decision. If the third party wishes to appeal against the decision of the PIO, he can file an appeal under Section 19 of the Act as per the provision of Section 11 (4). Section 11 does not give a third party an unrestrained veto to refuse disclosing information. It clearly anticipates situations where the PIO will not agree with the claim for non-disclosure by a third party and provides for a appeal to be made by the third party against disclosure, which would have been unnecessary, if the third party had been given a veto against disclosure. Thus the PIO is expected to follow the procedure of Section 11, when he intends to disclose the information but has some reason to believe that the third party treats it as confidential. If the third party sends an objection, the PIO has to determine whether the information is exempt under the provisions of the Act. The salient features of this order are summarized as under: PIO is expected to follow the procedure of Section 11 when he “intends to disclose any information or record” Resorting to Section 11 means that the PIO has come to the conclusion that the information is not exempt as per the provisions of the RTI Act. The procedure under Section 11 shall be resorted to only when information ‘which. relates to or has been supplied by a third party and has been treated as confidential by that third party’. Thus the procedure of Section 11 comes into effect if the PIO believes that the information exists and is not exempt, and the third party has treated it as confidential. It only gives the third party an opportunity to voice its objections to disclosing information and not the veto power to deny the information. The PIO will keep these objections in mind and denial of information can only be on the basis of exemption under Section 8 (1) of the RTI act. Section 11 does not give a third party an unrestrained veto to refuse disclosing information. It clearly anticipates situations where the PIO will not agree with the claim for non-disclosure by a third party and provides for a appeal to be made by the third party against disclosure, which would have been unnecessary, if the third party had been given a veto against disclosure. Sectiom 11 - CIC SG_A_2012_000773_18789.pdf
  16. 1. Can I file a RTI with the Delhi Sales Tax Dept., Income Tax dept., and Nationalised Bank seeking information regarding the names of the partners in a particular firm for particular Years. 2. Can this be rejected under Third party or section 8(1)(j) of the RTI Act. 3. Do I have any other options to confirm the same from other departments.
  17. The Orders of the PSIC are as under : STATE INFORMATIONCOMMISSION, PUNJAB SCO No. 84-85, Sector 17-C, CHANDIGARH. (www.infocommpunjab.com) Dr.Naresh Kundra s/o Shri Bal Krishan Kundra, N.D-179,Bikrampura, Jalandhar. -------------Appellant Vs. ThePublic Information Officer o/othe H.M.V. College, Jalandhar. FAA-TheChairman, Local Committee, HMV,83, Windsor Park, Jalandhar. -------------Respondents. AC No.1021 of 2011 Present:- None on behalf of the appellant. Shri Sarmukh Singh clerk o/o ShriSudhir Paruthi, Advocate on behalf of the respondent. ORDER The appellant had moved an application dated27.10.2010 to the PIO of HMV College, Jalandhar, a public authority under theRight to Information Act, 2005, seeking information on the following eightpoints:- (i) Dateof the college fete organized in the month of March 2003 and what was the dutyassigned to Mrs. Meenu Kundra in that fete. (ii) Pleasegive certified copy of the details of leave taken by her in any form in themonths of January, February, March 2003 and what were the reasons given by herfor taking those leaves. (iii) Pleasespecify the time of her joining the college in the morning and leaving thecollege in the every according to her time table in 2002 and 2003, in other wordswhat was her time table in 2002 and 2003. (iv) Pleaseprovide certified detail of the period of leave taken by her alongwith thecause of leave taken in the month of September, 2003. (v) Pleasespecify when did she avail the maternity leave benefit during her service inyour college. (vi) Pleasegive the details of the salary taken by her in the year 2004 each monthseparately. (vii) Pleasegive details of the salary drawn by her from May 2006 till June 2008 againstleave or under any head what so ever each month separately. (viii) Thedate of appointment of Mrs. Meenu Kundra as a lecturer in HMV College,Jalandhar and what was her salary at the time of her appointment. As the request for informationrelated to a third party i.e. Mrs. Meenu Kundra, a lecturer in Commerce in the respondentCollege, the PIO gave a written notice to her under Section 11 (1) of the Rightto Information Act, 2005, inviting her submissions as to whether she has anyobjection to disclosure of the information. Third party, Mrs. Meenu Kundar objected to the disclosure of theinformation, on the ground that the information-seeker is her husband and theyhave strained relations. An FIR bearingNo.164 dated 13.11.2009 under Section 406, 498-A IPC, Police Station No.3,Jalandhar has been registered against the information-seeker and his parents. A petition under Section 125 Cr.P.C. (formaintenance) and another petition under Section 13 for divorce are pendingbetween the parties. Smt. Meenu Kundra took the plea that the information beingasked for by her husband is personal and private in nature and it shall causeadverse affect to her rights/interest as well as to the litigation/casespending between the parties. She,therefore, raised strong plea against disclosure of the information. The PIO accepted her objections and the requestfor information was rejected. An appeal preferred to the First AppellateAuthority met with the same fate. Aggrieved, the information seeker has filedthe present second appeal under Section 19 of the Right to Information Act,2005. 2. I have heard the parties and gone through theirrespective submissions. The plea of theinformation-seeker is that there is nothing personal or private about hisqueries dated 27.10.2010. He is seekinginformation about a lecturer working in a public authority and his queries areabout her official duties. All his queries relate to her public functions as alecturer and not about her personal or private life. Secondly, it was pleaded that cases have beenregistered against him and his 70 years old father who is suffering from heartdisease and other complications. The information concerns life and liberty ofthe information-seeker and his family. The information should be disclosed in the best interest ofjustice. It was also averred that thethird party, Mrs. Meenu Kundra had sought almost similar information in respectof Dr. Naresh Kundra, the appellant and this information was furnished to Mrs.Meenu Kundra by the employer of Dr. Kundra. It was, therefore, argued that Mrs. Meenu Kundra cannot use two separateyard sticks, one while seeking information about the appellant and the secondregarding her own self. The appellant hasrelied on number of authorities, which have been referred to in the subsequentparagraphs. 3. The respondent, on the other hand, submittedthat the information sought by the appellant is of a personal nature and relatesto a third party. The PIO had invited comments of the third party and myattention was drawn to the reply filed by Mrs. Meenu Kundra. The respondent’s stand is thatsince the third party had objected to disclosure of the information, it wasdenied. It was averred that the information being sought has no relationship toany public activity or public interest. Its disclosure would cause invasion of privacyof the third party. It was also pleadedthat there is litigation between the parties and cases under Indian Penal Code,Cr. P.C. and Hindu Marriage Act are pending between the parties. The information is exempt from disclosureunder Section 8(1) (j) of the Act ibid and therefore, the information wasrightly disallowed. 4. Before proceedings to the facts and merits ofthe case, it would be pertinent to see the relevant provisions of law:- Section 8(i)(j):- “informationwhich relates to personal information the disclosure of which has norelationship to any public activity or interest, or which would causeunwarranted invasion of the privacy of the individual unless the Central PublicInformation Officer or the State Public Information Officer or the appellateauthority, as the case may be, is satisfied that the larger public interestjustifies the disclosure of such information: Provided that the information whichcannot be denied to the Parliament or a State Legislature shall not be denied toany person. Section11 (1) :- “11 (1)Where a Central Public Information Officer or a State Public InformationOfficer, as the case may be, intends to disclose any information or record, orpart thereof on a request made under this Act, which relates to or has beensupplied by a third party and has been treated as confidential by that thirdparty, the Central Public Information Officer or State Public InformationOfficer, as the case may be, shall, within five days from the receipt of therequest, give a written notice to such third party of the request and of thefact that the Central Public Information Officer or State Public InformationOfficer, as the case may be, intends to disclose the information or record, orpart thereof, and invite the third party to make a submission in writing ororally, regarding whether the information should be disclosed, and suchsubmission of the third party shall be kept in view while taking a decisionabout disclosure of information: Provided that except in thecase of trade or commercial secrets protected by law, disclosure may be allowedif the public interest in disclosure outweighs in importance any possible harmor injury to the interests of such third party.” 5. Section 8(1) (j) confers asubstantive right of privacy on every citizen against unwarranted invasion ofprivacy. Personal information meansinformation relating to personal or private life, as distinct from publicconduct or public affairs of an individual. The personal information contemplated in Section 8(1)(j) is suchinformation which is so private innature that the disclosure of the same would not benefit any other person butwould certainly result invasion ofprivacy of a third person. The right toprivacy essentially secures privacy of personal life. It is a right to leadlife as per ones wish, away from public gaze; it is a right to keep onespersonal affairs and relationships to oneself; a right about confidentiality ofone’s private affairs. 6. However, a person who is inpublic service has no right to hide his public conduct. Public affairs andpublic duties are distinct and different from personal and private life. Section8(1) (j) permits disclosures of personal information only if it is of publicinterest. Public interest does not, however, mean interest of public in gossip.It means matters of common wellbeing or general welfare, which are of appeal orinterest to the general population. In Russel vs. Wheeler (165-Colo-296) the publicinterest was defined as “something in which the public, the community at large hassome pecuniary interest or some interest by which their legal rights orliberties are affected. “ It does notmean anything so narrow as mere curiosity. Similarly, the term ‘public activity’occurring in Section 8(1) (j) could best be defined in contrast to privateactivity. ‘Public Activity’ means apublic act or an act of or pertaining to people as a whole; it relates to oraffects people or community, as against an individual. To put it shortly, anyactivity relating to a person in his capacity as a public authority or anactivity in public domain or in discharge of a public duty would qualify as a ‘publicactivity’. 7. Coming to the facts of thepresent case, admittedly the information-seeker and the third party, Mrs. MeenuKundra are husband and wife involved in acrimonies litigation. For the purposes of Right to Information Act,2005, however, the relationship between the information-seeker and the thirdparty is irrelevant. So long as the information-seeker is a citizen of Indiaand the information is held by a public authority, he has a right to accessinformation within the ambit of the Right to Information Act, 2005. It is also immaterialas to for what purpose an information-seeker is seeking the information or to whatpossible uses he may put the same. The motives of an information seeker or whatpropelled him to move the public authority or how the information will be used,are not germane to citizens’ right to know what he wants to know. Section 6(2) specifically lays down that anapplicant making request for information shall not be required to give anyreason for request of information. Therefore, the fact that there is litigation between the parties or the factthat they are related to each other or the fact that the husband will use thisinformation to defend himself in a Court of law, are of no consequence orrelevance to his right as a citizen to access the information. In fact, if the information is to be used ina criminal case, disclosure may be in public interest. Every crime is anoffence against the society, apart from against the individual victim and anyrelevant information, which helps to reach a right conclusion, would only furtherpublic interest and the cause of justice. 8. Theeight queries of the information seeker dated 27.10.2010 do not pertain to privateaffairs or personal life of the third party i.e. Mrs. Meenu Kundra. The information is about Mrs Meenu’s officialcapacity as a lecturer in commerce in a College, which is a public authority. Theissues relate to her appointment as a lecturer, the salary being paid to her,the duties assigned to her; the leave availed by her etc. These are allofficial matters. The RTI Act does not give public servants the luxury to seeksecrecy in public affairs. The only right available to a third party underSection 11(1) is to make submissions whether the information should bedisclosed or not. The stand of the third party shall be considered and kept inview by PIO, while taking a final decision as to whether information should bedisclosed or not. The right of the thirdparty to make submissions against disclosure of information, however, is not aright to veto. The PIO is to apply hismind to the facts of the case, including the submissions made by third partyand thereafter come to an independent conclusion whether the informationrelates to personal information, the disclosure of which has no relationship toany public activity or interest or which would cause unwarranted invasion ofprivacy of an individual. The PIO isalso required to consider whether such information can be denied to Parliamentor State Legislature. If suchinformation cannot be withheld from the State Legislature, it can also not bewithhold from a private citizen as laid down by the proviso to Section 8(i)(j)of the Act ibid. 9. The information-seeker hasrelied on a number of authorities in support of his contention that informationconcerning public activities of a third party shall not be withheld. Reliance has been placed on the decision ofthis Bench in CC-923/2011 decided on 4.11.2011 and CC-3897/2009 decided on16.2.2010, wherein it was held that information pertaining to discharge ofpublic duties by a public servant is not personal or private information. Reliance has been placed on the decision inappeal No.CIC/SG/A/2010/000505 (Mahesh Kumar Gupta vs. PIO/National Instituteof Technology, Kurukshetra) of the Central Information Commission, wherein itwas held that the details of dates of leaves and nature of leave taken by anemployee cannot be held to be an information held in a fiduciary capacity andsuch information cannot be construed as invasion of privacy of an individual. Asimilar view was taken by the Central Information Commission in its decision inAppeal No.CIC/SM/A/2011/000956/SG titled as Debashish Dutta vs. Bhabha AtomicResearch Centre, Mumbai, wherein it was held that a public servant is accountableto public. Therefore, every citizen has a right to obtain information that mayassess his credibility, integrity and performance. The Central InformationCommission in Appeal No.CIC/SG/A/2009/002969 titled as Om Parkash vs. DelhiTransport Corporation, New Delhi held that disclosure of attendance registerand educational qualification’s certificates cannot be considered as invasionof privacy of an individual. Reliancehas been placed on the decision of the Hon’ble Pb and Haryana High Court in CWPNo./15964 of 2010 (D.P. Jangra vs. State Information Commission, Haryana)wherein it was held that the information relating to properties of a publicservant are not exempt from disclosure. Reliance has also been placed on the Delhi High Court decision in WP ©3114 of 2007 (Bhagat Singh vs. Chief Information Commissioner). In this case a criminal complaint had beenfiled and it was pleaded that disclosure of information would help theinformation-seeker in absolving himself from false prosecution andharassment. The Hon’ble High Courtallowed the Writ Petition and directed disclosure of the information. 10. In view of the foregoingdiscussion, I have no hesitation in holding that the queries of theinformation-seeker are not about personal information pertaining to privateaffairs of Mrs. Meenu Kundra. Theinformation pertains to discharge of public duties by a public functionary. Noexemption has been granted under the Right to Information Act, 2005 fromdisclosure of such information. 11. Wehave also to keep in mind the basic aims and objectives of the Right toInformation Act, 2005, while deciding the present appeal. The objective of the Act, 2005 is to ensuresmoother access to information and provide an effective frame work for affectingthe Right to Information, which is a fundamental right under Article 19 of theConstitution of India. This right is apre-condition and an imperative for fair play in society and for freedom anddemocracy, in so far as it would ensure transparency and secure rule of law. 12. The appeal is allowed. ThePIO is directed to furnish the information to the appellant within 15 days ofthis order. 13. To come up on 27.2.2012at 11.00 A.M. (R.I. Singh) February 8, 2012. Chief Information Commissioner Punjab 08.02.2012(0) order.doc
  18. PANAJI: The state chief information commissioner (SCIC) has emphasized that public information officers should ensure that the RTI Act "does not become a tool in the hands of a busy body to settle a personal score" when the information sought is against a third party. In a case pertaining to personal information sought against a PWD official, the SCIC stated that the PIO will have to consider the objections raised by the third party who claims confidentiality. The PIO will also have to consider whether the information sought is in larger public interest or is meant to wreck vendetta against the third party, the SCIC stated. The SCIC made these observations after hearing an appeal filed by PWD assistant engineer C Radhakrishnan. The appellant stated that Uday Chari had sought personal information from the PWD's PIO pertaining to staff working under him and also a copy of the annual property returns filed by him in the last five years. When the matter was before the first appellate authority, Radhakrishnan filed his objections against giving his personal information. The first appellate authority, without hearing Radhakrishnan, passed an order to furnish the information. Being aggrieved by the same, Radhakrishnan filed an appeal before the SCIC. The SCIC stated that there is absolutely no dispute that the third party should be heard, as provided for under the RTI Act. "It should be noted that seStion 7 (7) and Section 11 (1) of the RTI Act enjoin that third party, if involved in a particular matter, must be heard before a decision on disclosure or non-disclosure of any information is taken. Law requires application of mind regarding pros and cons of the proposed disclosure on the basis of the facts of each case. Hope the authorities concerned take note of the same," the SCIC stated. Source: 'Consider objections raised by third party' - The Times of India
  19. Sundaradoss

    Who is third party ?

    Who are third party. A petitioner asking information through a advocate. Is he a third party. And then How many questions can be asked by a pettioner.
  20. While training some SPIO's last weekend there was a lengthy discussion on the applicability and procedure regarding Sec 11 (Third Party). One way of looking at the procedure is: 1. The information sought should have been provided by the third party in "confidence" or specifically mentioned as "confidential". Sec 11 applies to only this category of information. Any other information (not termed as confidential or given in confidence) can be disclosed without referring to the third party. 2. The PIO should first decide whether he intends to disclose the information or deny it under Sec 8, Sec 9 or disclose part of the information under Sec 10 3. If he decides to disclose the information (full or part), he must inform the third party within 5 days, of his intention to disclose and ask the third party for any objections 4. Third party can file objections within 10 days of receiving this notice 5. Third party must have valid objections and valid grounds for asking the PIO not to disclose (In fact one of the PIO's mentioned that he regularly asks the third party to test the denial against various provisions of Sec 8 and 9 - only then the third party's submissions will be accepted. His argument was that only information under Sec 8 and 9 can be denied and there are no other grounds for denial of information under the RTI Act). Just saying that "we do not allow you to disclose" is not reason enough. 6. Once the third party reply is received, the PIO must apply his mind and decide whether to disclose or not. 7. Objections, if any, and the representation of the third party is a public document (a "record") and therefore a copy can be given to the applicant, if requested. 8. PIO must inform the thrid party about his final decision 9. Third party has a right to appeal under Sec 19(1) and 19(3). Can members please add their views to the above.
  21. friends, can anyone please share CIC orders on the applicability of RTI on information of third party / private entities ? regards Namitabh
  22. what is the meaning of second party and third party in RTI Act.Explain with example. Your faithfully Hansraj Dubey
  23. I attach judgement dated 26-11-2010 of High Court of Gujarat permitting disclosure of balance sheet of public trust by Income Tax Dept. There is important clarification on section 11 also at para 8. IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 7538 of 2010 TRUSTS HC.doc
  24. sidmis

    UBI opens up its accounts

    UBI opens up its accounts as reported by Tarun Toswami in The Statesman, KOLKATA, 19 June 2010 Can a nationalised bank furnish bank account details and balances to an applicant under the Right to Information Act? Yes, it would seem from the conduct of city-headquartered United Bank of India. The bank disclosed account details and balances to the wife of a senior state government officer who had a dispute with her brother, and wanted information about the accounts he and his wife held with their late mother. UBI did so without so much as a by-your-leave from the principal holders in the accounts with clear “either or survivor” operational instructions. The RTI Act states that information not having any relation to public activity or interest, or which would cause unwarranted invasion of privacy cannot be disclosed unless the appellate authority is satisfied that a larger public interest justifies such disclosure. UBI’s own note on the RTI Act says, “We have our obligation of secrecy and we have to maintain the Customer’s Right to Privacy for which we are unable to disclose information about the affairs of our customers.” But none of this mattered in this case. The application under the RTI Act was made to UBI by Mrs. Srilekha Raha, wife of Mr. Atanu Raha, principal chief conservator of forests, West Bengal. She sought details of savings bank, fixed deposit and term deposit accounts held by her mother, late Khela Ghosh “singly or jointly with others” at the bank’s Mayukh Bhaban branch. Disposing of the application by his order dated 20 October 2008, the Public Information Officer of UBI gave out details of (a) two accounts held by Mr. Dipankar Ghosh (1st holder) and Mrs. Khela Ghosh (2nd holder) with either or survivor operational instructions; (b) one Term Deposit account held jointly by the same holders with the same operational instructions, and © four Term deposit accounts held by Indrani Ghosh (1st holder) and Khela Ghosh (2nd holder) with either or survivor instructions. It also furnished details and balances of two savings bank accounts, held by Dipankar Ghosh and Khela Ghosh and Indrani Ghosh and Khela Ghosh respectively. Finally, it furnished details and balances of two fixed deposit accounts in the names of Indrani Ghosh and Khela Ghosh with either or survivor instructions. Not satisfied with this response, Mrs Raha wrote to the Executive Director of the bank on 29 October 2008 seeking balances in each of the accounts. She also sought details of any accounts held by Khela Ghosh with a Sriparna Chowdhury. Within 20 days, that is on 18 November 2008, the Executive Director of the bank, as the designated appellate authority, ordered that all information on account balances be supplied to Mrs. Raha. And within three days, on 21 November 2008, the bank furnished the account balances to Mrs. Raha. However, the bank refused to supply the fresh information sought in her appeal. Mrs. Raha preferred an appeal to the Central Information Commission which by its order of 15 February 2010 asked the bank to “furnish information relating to the existence of any account in the name of late Khela Ghosh and Sriparna Chowdhury”, and this information was supplied to her on 9 March. A furious Mr. Dipankar Ghosh says, “In a family dispute, my estranged sister used RTI to obtain all information of bank accounts which I and my wife maintained with my deceased mother in order to harass me.” He said the Act had been misused by people in power in connivance with a bank which had either been gullible, or had buckled under pressure to willfully misinterpret the RTI Act. On 27 May, The Statesman sent a 12-point questionnaire to Mr. Bhaskar Sen, Chairman and Managing Director of UBI. Specifically, Mr. Sen was asked if the bank had sought consent of the principal holders of the accounts before disclosing sensitive account information; whether the Bank had followed its own Code of Conduct and the provisions of the RTI Act in doing so; whether the bank had spelt out the larger public interest that justified disclosure of individual bank accounts and their balances; whether the bank routinely gave out such details to RTI applicants; in how many cases had UBI given such balance details to RTI applicants, and whether in his view the bank was party to gross abuse of provisions of RTI in Mrs. Raha’s case. On 11 June, UBI’s legal department sent a brief reply to us. Most of the questions we had posed on the bank’s conduct were unanswered. The bank confirmed that Mrs. Raha, claiming to be the daughter of late Khela Ghosh, and enclosing documents to establish this, had sought information from the bank. UBI said: “Considering the fact that Smt. Srilekha Raha is the daughter of the deceased, late Khela Ghosh, on the basis of documents forwarded to the Bank, certain information relating to the deposit accounts of late Khela Ghosh were furnished by Principal Public Information Officer and certain information were furnished by PPIO on receipt of specific direction from the Appellate Authority.” Source : UBI opens up its accounts
  25. Would like to know if one can file a RTI to know the action taken by police against a FIR, if I am not a party to the FIR will it be treated as a third party information or any law abiding citizen has this right to seek details of action taken/initiated by police. In this particular case of Hit and run by an unknown vehicle, wherein a man lost his life. Police inaction is adding to the apathy of this family who have been harassed to this extent that they may not be willing to resort to RTI to fetch out this information. Thoug out of context - does any one of us have an idea about the mandatory time limit if any in which the copy of post mortem report has to be provided to next of kin of the deceased. Thanks
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