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Anthony Micheal

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I have applied RTI to Mumbai Municipal corporation asking information of one persons regarding; 1. Demand Register 2.Document submitted and received for Photopaas Copy 3.Photopaas transfer fee receipt.. The PIO denied the information by saying that the opponent person has given letter of not to disclose his information to third party. Just I want to know, is the above information I required may be denied by PIO? under what section I can argue with PIO...


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The burden of proof that information is denied on valid reason rests on PIO.  A  PIO is supposed to deny information stating such Sec.8 and sub section and also offer justification for such denial.  Without quoting section and sub section denying information amounts to deliberate and malafide denial.

You can go for first appeal on this ground.

The information you have solicited is Public record and no third party is involved as those documents are not delivered by outsiders in fiduciary capacity to Corporation.

Grounds for Appeal: SPIO has denied information without stating such section and offering any justification for denial of information.Information can not be denied without stating such section in exemption and without justification for applying that section on exemption.   The information solicited was a public record in the custody of SPIO and no third party involvement is there in maintenance of public record.  PIO has not applied his mind and seeking third party comments to provide that information which is on Public record maintained by authority.

PRAYER: Appellant prays for a speaking order to PIO with directions to provide the information as expeditiously as possible free of cost, as the denial is malafide and deliberate.

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In the above RTI, the BMC PIO has intimatad the opponent person regarding the RTI application and the opponent has given one application to BMC that not to give his Personal details to Someone Asking RTI...

How to complaint in this issue regarding intimation or leaking of information to the opponent?

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It is the obligation of PIO to seek comments of third party under Sec.11 when PIO presumes that there is invasion on privacy of that applicant.or if the information is provided as confidential.

PIO has considered this information as third party personal information / information provided treating it as confidential in between them (Fiduciary relationship examples: Doctors, Advocates,Auditors, Bankers that offer professional service and provide details to them and treats details as confidential to others.

PIO may be ignorant of the stipulations in RTI Act.

This third party reference steps in only while denying information under Sec. 8 (1) (j)

SPIO in denying information used 8 (1) (d) (information held in fiduciary capacity) and he should not explore sec.11.

To sum up if PIO thinks that there is invasion on privacy of third party under Sec. 8 1 (j) he should seek such comments

Applying Sec.11 when denial is under Sec. 8 (1) (d) is a mistake and confusion of PIO.  Sec.11 is not mentioning as to when it should only  be explored.  Section states which relates to or has been supplied by a third party and has been treated as confidential by that third party,".  This applies to information held in fiduciary capacity also.  In your case, the third party has not supplied that record that was denied treating that matter as confidential in between them. The denied records are public records.

n the forum, we always advise the members to focus on information and not protract simple issues and do not spend time, money on trivial denials of PIO, which may be out of ignorance.  First Appeal chance gives them to learn and develop on such stipulations.

So forget about such leakage due to ignorance of PIO, go through Sec.11.

Edited by Prasad GLN
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