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RTI by an advocate


Sundeep Nigam

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Sundeep Nigam

An advocate asked for the copy (1) of birth certificate of a baby (2) details of bank account of mother in which Hospital transferred money of government scheme (3) details of treatment give to the pregnant mother.. Can any of these information be provided to an advocate  ( not father )whatever the reason may be ?

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Prasad GLN

First of all all the three queries are classified as personal information exempted under Sec 8 (1) (j).  Even other applicants who are not advocates can not get such information. (Any information is never a problem for advocates in India, they can dig such information even without RTI).

Please post the exact reason stated by PIO for denial stating that this information was not provided as applicant is an advocate

 

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Sunil Ahya

So far as, an application under the RTI Act is concerned, a citizen of India is an applicant and no distinction is made with respect to the qualification of an applicant.

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Sundeep Nigam
On 12/4/2020 at 5:28 AM, Sunil Ahya said:

So far as, an application under the RTI Act is concerned, a citizen of India is an applicant and no distinction is made with respect to the qualification of an applicant.

https://www.cbic.gov.in/resources//htdocs-cbec/info-act/Appeal_07122018.pdf;jsessionid=F10CEBFFB5E41D01FE02BB9A54BA7692

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Prasad GLN

FAA orders are not final and binding on others.   There may be stray incidents of commercial nature where applicant himself claims of such authority for some other as representative.  No comments can be made on FAA orders and it clearly appears that the FAA orders were prepared by FAA himself but his expert legal team.

He can seek information in his individual name and need not state his authority or principal.

It is unfortunate that Public authorities are themselves  outsourcing this representation and availing expert team of advocates/counsels or from panel to avoid providing information on flimsy grounds.

I have seen that many public authorities given authorization to certain advocates in State Capital and Delhi.   Their only work is having liaison , every day represent Hearings on behalf of such authority.  A Tehasildar lamented that in 30 days, he was at Capital attending hearing and spending huge amounts.  Instead of that paying Rs.500/- per case for local advocate is more comfortable for Govt and saves the time and expenditure.

In some other cases even courts depute their class IV employee for hearing and his only representation by sitting opp IC and submit that written submissions were filed and orders can be delivered on such written submission.

 

Edited by Prasad GLN
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