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Section 11 Notice Denied


Gurlovleen

Question

Earlier, PIO of Commercial Tax Office refused to provide information regarding a a private Finance company citing section 11 , Third Party Objection.With regard to the denial, filed an RTI Seeking copy of  sec 11 notice sent to the third party and the copy of objection letter furnished by the third party.

CPIO has denied Sec 11 Notice details  stating that I did not establish LPI and moreover sec 11 notice is a personal information of an individual.

 

Pls advice on FA

 

Edited by Gurlovleen
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Prasad GLN

CPIO is right.  It is still a dispute as to this section applies to Individuals or institutions also.   Please provide exact query and members may also find Large public interest clause, together with such Controlling clause.   The PIO is bound to provide the copy of such notice and response from  III party with his response.   You can go for appeal on the following grounds.

1.Financial institution is not a person and financial affairs of Public are not third party information.

2.PIO is legally bound to provide such notices issued and response received with his response and this was upheld in umteen CIC decisions.

 

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Sunil Ahya

1. You have a right to both, file a first appeal in the original RTI application as well as file a first appeal for receiving a copy of third party notice and third party reply to that notice.

2. In the original RTI application the ground for first appeal is as follows:

That, section 11 is a mere procedural section.

That, a request for information can only be denied for any of the reasons specified under section 8 and 9 of the RTI Act. However, the PIO has disposed of the request without citing any of the reasons specified under section 8 and 9 of the RTI Act.

Hence, the PIO has disposed of my request in violation of the provision of section 7(1) of the RTI Act.

3. Likewise, in the second RTI application (for seeking a photocopy of the notice served under section 11 on the third party and the reply of the third party thereof) file a first appeal on the following similar ground:

That, a request for information can only be denied for any of the reasons specified under section 8 and 9 of the RTI Act. However, the PIO has disposed of the request without citing any of the reasons specified under section 8 and 9 of the RTI Act.

Hence, the PIO has disposed of my request in violation of the provision of section 7(1) of the RTI Act.

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