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Sundeep Nigam

confirmation of identity of RTI seeker

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Sundeep Nigam

In case of personal information which can  hurt women modesty , how to confirm the identity of RTI seeker . Second query in case of appeal in such case can we call that lady to come in person ?

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Prasad GLN

Mr.Nigam,

Kindly go through several replies on same issue and several queries on one issue.

A PIO is concerned only with citizenship proof.  You can demand for identity proof and state such reasons as you feel.  In case of appeal, the appeal can be by post.  Yes.  First Appellate Authority can call appellant for personal hearing.   Again for any hearing (either first or second) appellant can be represented by some other.

There is lot of difference between an officer who provides information as per public record and an investigation officer who conducts inquiry into unnecessary things to create complications in a simple issue.

You are a PIO.  It was informed by you that information was denied.  DO not anticipate or assume things and shoot queries.   Let the appellant go for First appeal and let FAA take a decision.  

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Sundeep Nigam
Posted (edited)

@Prasad GLN sir my query is very basic does RTI act allow PIO to ask RTI seeker to  collect information personally in any circumstances &  Can FAA call appellant for personal appearance legally in first appeal in any circumstances legally ?  like medical report of rape victim if name of victim is used to get the information ?

Edited by Sundeep Nigam

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Prasad GLN

Being PIO, do not get confused even on basic issue.  There is only one section relevant to PIO in entire RTI Act.  Sec,7 and as per sub sec.(10PIO has "either to provide the information on payment such fee as may be prescribed or reject the request for any of the reasons specified in Sec.8 and Sec.9.

No where in RTI Act, PIO is empowered to direct a citizen to collect information personally in any circumstances- Once an envelope and letter is addressed in a specific name, the PIO is discharged in sending that information by post in the name of the applicant.

Let us not go in FAA, as his role is confined to decide the actions of PIO either in providing or denying information as per RTI Act.

Don't get confused and confuse and unnecessarily extend simple thread to many posts.  Medical report of either rape victim or any patient is strictly personal information and should never be given to a third party.   Whereas the Birth certificate is open public record to be uploaded in website.

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Sundeep Nigam

@Prasad GLN birth certificate of delivery of  unmarried girl ,widow women is a open public record any one can get it ??

 

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Prasad GLN

A birth certificate is a public record uploaded in website and not in custody of any public authority.  Birth and deaths registrar after getting prescribed application for issue of such certificate, accompanied with such documents required for the purpose, provides the certificate in original with additional copies for fee prescribed. I am not a public authority..no one requires such a record unless there is a specific purpose and I am not PIO and I am not aware for restriction by such Governments not to issue BC to child of unmarried girl/widow women, as the system is foolproof and Notarized affidavit with self declaration is required.  Please enlighten members if there are such restrictions.

Please confine to the query hijacking the thread to some other unconnected topic/issue is against discipline of the forum.  You can open and post that new query for all members and any member who is having such knowledge may guide the PIO of that dept.,

The topic is:  Confirmation of identity of RTI (Information seeker)

The only requisite for seeking information is that he must be Indian citizen and that information must not be exempted.

CIC warned in several decisions that PIOs insisting such IDS is unknown in RTI Act, and a PIO is supposed to have that much knowledge to provide that information to the given address in RTI Application.  More than that basic requisite further probe is against spirit of RTI Act.

Please do not protract the queries, as you as PIO is bent upon insisting of RTI appellant by First Appellate Authority.  You may follow your policy and need not try to impress your opinion on others.

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Sundeep Nigam
Posted (edited)

@Prasad GLN now birth certificate is given by the hospital to family at the time of discharge.Record of every birth is maintained in birth register.Since the register contain birth details of all the deliveries this record is confidential can not be shown to other person which will interfere the privacy of other mother. Similarly any other relatives or husband may ask about the delivery details of certain lady ,we only see the name in RTI.Which can be easily misused.on this case father and son is asking for delivery details of the lady . using lady's name.Should PIO just work as post man and send some personal information on the address .

 

Edited by Sundeep Nigam

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Prasad GLN

As a PIO, you are entitled to your opinion and as a citizen I am entitled to my opinion.  The issue raised by you is not as to whether birth certificate is a public document or not and you have raised that appellant should present herself with bonafide document of identity during FIRST APPEAL PROCESS, which is unknown in RTI Act.

If you want to educate other members and wanted to drive them to your way of thinking it is never proper.  Let FAA decide.  I have never stated that PIO should just work like a post man, and only stated that he should never step into the shoes of First Appellate authority, and decide on quasi judicial actions, in which he is the respondent, and stated that PIO should not invent things that are not in RTI Act.

Nothing personal-and I have clearly asked you through PM  not to address posts in personal name. If you think you are right, consult your superior rather than making so many posts for convincing others to your argument.

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