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luvly_krissy

complaints & cases pending/closed against a person

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luvly_krissy

Hi...

 

I want to know about all the complaints & cases pending/closed on a person.

 

1. Can I get this info?

2. who should i ask this?

3. If we ask that persons local PS will it be considered 3rd party info?

 

Best Regards,

Kris!

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jps50

This should not be treated as third party info, as citizens have right to know details of complaints and their status against a govt employee. This is in public domain and not personal info of concerned employee but official info. Pl file RTI application and pursue it with first and second appeals if need be. Pl visit:

 

TN

TAMILNADU RIGHT TO INFORMATION RULES - RTI Guide

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luvly_krissy

he is not a govt. employee/official and he is not in Tamilnadu but in Maharashtra.

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jps50

If he is not a govt servant, U cannot resort to RTI.

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jayeshbheda

In the matter of Prakash Jus Roy vs Deputy Commissioner of Police, (DCP) , the applicant had sought information regarding police complaints filed against certain person , the CIC in its elborate decision recorded various following observations :

we find that the key issue is whether the information sought is held by the public authority and would, in light of the third party’s objection given u/s 11 (1) of the RTI Act, if disclosed constitute an invasion of privacy of Shri Rajinder Jaina. Clearly, the information sought, if given, cannot interfere with the proceedings of a trial court before which we are given to believe there are several cases pending between the third party Shri Jaina and appellant Shri Prakash Jus Roy.

 

7. The Madras High Court observed that with the advent of the Right to Information Act,
the bank has become obliged to disclose the information to the public. It also observed that Section 3 of the Act entitles a citizen to the right of information. Section 4(2) of the said Act obliges a Public Authority to disclose information to common people
. Even personal information or an information, which may otherwise amount to an invasion of privacy,
may also be disclosed if the larger public interest so warrants. The Hon’ble Court in fact came to the conclusion that the right to privacy virtually fades out in front of the ‘Right to Information’ and ‘larger public interest.’

 

Are the medical records maintained of a patient in a public hospital covered by the provisions of the Act? Can this information be withheld to either Parliament or State Legislature as the case may be on the ground that such information is confidential? To our mind generally such information normally cannot be denied to Parliament or the State Legislature unless the person who opposes the release of the information makes out a case that such information is not available to Parliament or the State Legislation under the Act

 

10. If the facts of the case are analysed in the context of judicial pronouncement cited above, and in the context of the matter having already been disclosed before Parliament both in the Rajya Sabha and in the Lok Sabha, which attests to the demands of public interest, there remains hardly any justification in withholding this information from disclosure.

In another matter of Kalpana Mendiratta vs Registrar General of India, the CIC held as under :

The information sought by Ms. Kalpana Mendiratta, in this case is a copy of a written complaint against her husband. Admittedly Ms. Kalpana Mendiratta’s husband is a third party since we do not have any letter or copy thereof from him authorizing Ms. Kalpana Mendiratta to represent him. While, therefore, Sec. 8(1) (j) could apply in this case, there is no ground for application of sub sec. (h) of sec. 8(1). It may be noted that even disclosure of criminal complaints leading to registration of FIRs is a public document and an accused is entitled to have its certified copy. The denial of a copy has been held to be against the principles to natural justice and violative of Article 21 of the Constitution1. Under Sec 154(2) of Cr.P.C, “A copy of the information as recorded under sub-section (1) shall be given forthwith, free of cost, to the informant.”

 

Thus if even an FIR in a criminal case is to be regarded as a public document, it is absurd to treat a complaint against a serving official in a particular Department as ‘confidential’ and so withhold from the accused.

 

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luvly_krissy

though it doesnt come within the purview of tiindia.org, can anybody pls let me know anyother methods i can resort to???

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jayeshbheda

1. Can I get this info?

Yes, You can sought information under RTI! Subject to the 'third party' consent and 'larger public interest'

 

2. who should i ask this?

Concerned Police Station

 

3. If we ask that persons local PS will it be considered 3rd party info?

Yes, definitely the PIO would write to the third party asking for consent to disclose the information

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jps50

I thought you are seeking information of a private person regarding complaints and cases with a private organisation. U have not mentioned that U desire to have information about police complaints. Any way I concur with Shri Bheda and request you to refer

 

Maharashtra:

Mahrashtra RTI Rules - RTI Guide

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