Jump to content
  • 0

mark selvaraj

Question

mark selvaraj

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.

Link to post
Share on other sites

8 answers to this question

Recommended Posts

  • 0
Prasad GLN

Please post the exact query. An applicant can seek information of third party in larger public interest, and the only precaution is that information provided should not appear to have invaded the privacy of that citizen. In case of doubts, PIO takes precaution to send such application to the third party and seeks his consent / objections, and naturally the third party objects for such information, and it is the PIO that has to take a final decision and even PIO states the third party objection and denies the information.

So, the proper course is finding a larger public interest in the information. Unless you provide the part of information solicited, it is not possible to give any guidance. Please post information you have solicited and delete the name of third party, you can also severe those parts that are not material for seeking guidance.

Link to post
Share on other sites
  • 0
  • Super Moderator

What was the information sought by you? Please post it, in order to enable our members to suggest solution.

Link to post
Share on other sites
  • 0
mark selvaraj

Hi,MY RTI APPLICATION TO PIO ISToPIO(PA OF RDO)Q1.Please provide me the copy of documents under which proper permission is given to Mr.X&Y for registering the land of survey number 1 & its patta number 2.Q2. Provide me the copy of permission given to X&Y for registering the above land.Q3. Copy of land sale permission given to Mr. Z for the above said land.Q4. Copy of report received by RDO from THASILDAR for my complaint number 555 on 4/1/16.RRPLY FROM PIO ON 8/9/16 ISA1. Question 1,2&3 is 3 rd person information, so provide me the exact address of 3 rd person so that action will be taken to provide the information after getting permission from 3 rd person.A2. Question 4 is forwarded to PIO(DY.THASILDAR).NOW WHAT I WANT TO KNOW IS In this same patta number and survey number i have also purchased 8 cents of land in 1996. Bus still RDO is not giving permission to add my name in chitta but X & Y have added their name in chitta. So i want to know that X & Y got proper permission they added their name illegally.SOD1. Was the above questions Q1,Q2&Q3 is 3 rd person information.. If so, is it my duty to provide the 3rd person address to PIO or the PIO should find the address.D2. On my 4th question Q4, i am asking the report received by RDO from THASILDAR. But PIO(PA OF RDO) forwarded it to PIO(DY THASILDAR). So was it right decision? Since i am asking what RDO has received.So please give me some suggestions for my doubts D1&D2 and For getting these informations what should be my next step under RTI...

Link to post
Share on other sites
  • 0
  • Super Moderator

You have filed RTI application and sought information. PIO must take a decision and either supply the information on levying further charges or deny the information for any of the reasons under Sec-8(1) or Sec-9. In case the information sought pertains to third party, it is the duty of the PIO to follow the provisions of Section-11 of the Act. PIO cannot ask the applicant to provide third party address to serve notice under section-11. You need not give any details of third party to the PIO.

 

That apart, copy of documents under which permission is given to third party for registering land of survey number ...... & its patta number .....; copy of permission given to third party for registering the above land; copy of land sale permission given to third party for the above said land etc etc are public activities of the public authority in accordance with the statutory provisions and none these activities or the applications / supporting documents etc are classified documents or confidential in nature or shall invade the privacy of third party. These are documents submitted by applicants in accordance with statutory provisions and acted upon by the public authority under statutory obligations and thus become part of public documents. The documents in question do not attract the characteristics of third party information. These documents are not third party documents. Therefore there is no question of serving notice to third party.

 

Please file First Appeal on above grounds before the designated First Appellate Authority with a prayer to direct the PIO to supply the information sought within 10 days from the decision of this appeal.

Link to post
Share on other sites
  • 0
Prasad GLN

The following is essence of Super Moderators above post

The documents in question do not attract the characteristics of third party information. These documents are not third party documents. Therefore there is no question of serving notice to third party.

When you are seeking the specific reasons for such giving permission and affecting mutation, showing bias to one party, the applicant is entitled to seek such information basing on which the officials taken that action.

There is no involvement of third party. This is all drama or PIO might have assumed something, which is not proper. There is no third party's privacy invaded as the information solicited is entries in public records. File a befitting first appeal as per the grounds suggested by our Super moderator in the above reply.

Link to post
Share on other sites
  • 0
mark selvaraj

Hi sir /madam

 

After my first appeal for the above issue, the reply from first appellate authority on 25/10/16 is

 

1.Y has agreed to provide the copies, so pay Rs 4 for 2pages for the given account.

 

2. A letter has been sent to Y and Z under rti act 2005 sec 11(1). After getting replies from Y and Z we will take necessary action to provide the information.

 

On 27/10/16 I have paid Rs4 and the original challan has been sent to the appellate authority by registered post and I got the acknowledge too.

 

1). But till date I have not received the copies even though I have paid the document fee.

 

2). Also the first appellate replied that he has asked for the suggestions of Y and Z for providing the copies. But it is nearly 45 days over since my first appeal and yet i didn't receive any information.

 

So What is the time period to supply the information sought after the payment of documents fee.

 

What is the time period for the first appellate to give notice and get reply from third party.

 

So how should I file second appeal regarding this issue. Please give me some suggestions so that it will be helpful for me to get the information.

Link to post
Share on other sites
  • 0
Prasad GLN

The response from FAA is on 25-10-16. Do not hurry to file second appeal, as you may have to wait for two years minimum for getting a decision.

Wait for another two weeks and just remind FAA as Addendum to first appeal that demanded amount towards copy charges has been sent but documents were not provided and as the documents are public record, calling the same as Third party information is not correct and highly improper. Pray for directing PIO to provide the certified copy as early as possible.

Focus on getting information during first appeal level only.

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Tell a friend

    Love RTI INDIA- Online RTI? Tell a friend!
  • Members

    • Mitesh Kokare
  • Forum Statistics

    • Total Topics
      119,698
    • Total Posts
      427,924
  • Recently Browsing

    No registered users viewing this page.

×
×
  • Create New...

Important Information

By using this site, you agree to our Terms of Use & Privacy Policy