About rti
jaibhagwan
(Querist) 25 October 2012
This query is : Resolved
Sir,
Can any individual ask for copy of any degree/ diploma through RTI act of a teacher working in a private public school (unaided)
Sailesh Kumar Shah
(Expert) 25 October 2012
anyone can ask but no one is eligible to get such information unless it is involved larger public interest. In your case, it is not seen.
Arvind Singh Chauhan
(Expert) 25 October 2012
Learned seniors if i am not wrong, "Information should be in public interest" is not a condition pre in RTI Act.
If somebody wants to know his marks, is not subject of public interest.
But injustice to individual may be injustice to public in large.
I mean information seeker need not to show that there is public interest in the information. That is another thing that Information provider may deny some information in public interest and if covered under privacy.
INFORMATION as JiaBaghwan is asking, can be sought from unaided school, as these are controlled by Govt, i.e District Education Officer, Basic education officer etc.
Sailesh Kumar Shah
(Expert) 26 October 2012
@Mr. Arvind
Please go through the following link:-
http://www.lawweb.in/2012/10/rti-and-income-tax.html#more
Arvind Singh Chauhan
(Expert) 26 October 2012
Thanks a lot Sah Sir. I agree with the judgment. Pardon me Sir, But I think to some extent I am also right.
Now it has been compulsory for the public offices/department to publish the list and details of their employees on their websites.
Sailesh Kumar Shah
(Expert) 26 October 2012
yes, Mr.Arvind, the public authority have to comply sec 4(1)(b).
Sudhir Kumar, Advocate
(Expert) 18 November 2012
The information has to be provided unless attracting section 8 to 11.
I am enclosing a decision
CENTRAL INFORMATION COMMISSION
…..
F.No.CIC/AT/A/2007/01297
Dated, the 29th February, 2008.
Appellant
:
Shri Bhushan Kumar, H.No.V-11, 2nd Floor, Rajouri Garden, New Delhi-110 027.
Respondents
:
Shri L.R. Sapra, Asst. Commissioner of Income Tax & CPIO, Patiala, Office of the Commissioner of Income Tax, Aayakar Bhawan, Patiala, Punjab.
Shri G.C. Negi, Commissioner of Income Tax & Appellate Authority, Patiala, Office of the Commissioner of Income Tax, Aayakar Bhawan, Patiala, Punjab.
This second-appeal by appellant, Shri Bhushan Kumar is a sequel to his RTI-request dated 9.7.2007 and an order of the Appellate Authority (AA) in a matter taken before that authority by the third-party to this case.
2. The appellant wanted to have copies of the objections raised by the third-party in respect of the appellant’s request for information dated 13.11.2006 and 24.10.2006 respectively.
3. The RTI-request of the appellant read as follows:-
“1. The copy of the objections raised by Mr.Rajinder Singh Saggu to disclosure of information as conveyed by your office letter F.No.CIT/PTA/Tech/RTI/2006-07/4777.
2. The Copy of the objections raised by Mr.Mansi Meen alias Harpreet Kaur Saggu to disclosure of information as conveyed by your office letter F.No.CIT/PTA/Tech/RTI/2006/07/4776 dated 1-12-06
3. Name, designation and address of Income Tax authority of this region where a complaint regarding tax Evasion shall be made.
4. Xerox copy of my complaint to your office dated 27-06-06.”
4. The appellant has argued that Central Information Commission’s decision in U. Varadaraya Nayak Vs. Commissioner of Income Tax, Karnataka (Central) in Appeal No.CIC/AT/A/2007/00068, dated 25.6.2007 applies to his present request. The CPIO, Shri L.R.Sapra, Assistant Commissioner of Income Tax, Patiala through his communication dated 7.9.2007 decided to disclose the requested information about the objection filed by the third-party, Shri Rajinder Singh Saggu and Ms.Mansi Meen alias Harpreet Kaur Saggu.
5. It was this order which the third-party carried in first-appeal to the first Appellate Authority, Shri G.C. Negi, Commissioner of Income Tax, Patiala, who quashed the orders of the CPIO and upheld the appeal on the ground that given the
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strained human relations between the appellant and the third-party, disclosure of information would harm the interest of the third-party.
6. The short-point for decision is whether the information requested, viz. the objection filed by the third-party, can be disclosed to the appellant.
7. It is to be noted that the third-party procedure to be followed under the RTI Act is governed, among others, by Section 11(1) of the Act. A public authority is required to consult the third-party, who might have provided the information in confidence to the public authority, and then make a determination about disclosure of the information especially in the context of the exemptions in Section 8(1) as spelt-out in Section 11(3) of the Act. The decision of the CPIO is to be communicated to the third-party. A reading of sub-sections (1) and (3) of Section 11 of the RTI Act makes it clear that a procedure about consulting the third-party in writing is to be followed in a matter which is covered by these sub-sections of Section 11. It is also clear that the only reason why a third-party related information cannot be disclosed to a petitioner is the fact that the third-party objects to the disclosure and that the CPIO / AA accede to those objections and decline to disclose the information to the petitioner. A decision not to disclose the information to the petitioner in view of the objections of the third-party is itself justiciable. The petitioner has every right to question the decision of the CPIO or the AA about not disclosing a third-party related information ― a right which cannot be discharged unless the full facts about the reason for objection by the third-party is disclosed to the petitioner. A petitioner cannot effectively argue his case for disclosure of an information unless he is fully apprised of the objections of the third-party including, no doubt, the decision of the CPIO / AA thereon. Disclosure of the information about the objections of the third-party is a key-element in a petitioner challenging the decision of the respondents flowing from the third-party objection. It is in the interest of justice that not only the decision of the respondents but also the basis on which that decision was made be disclosed to a petitioner. It is an admitted fact that central to the decision of the AA in reversing the order of the CPIO in this case was the objection of the third-party. The appellant herein is entitled to know as to what it was that the third-party stated before the AA that made the latter decide that the information need not be disclosed to the petitioner.
8. The ground urged by the AA that the requested information would harm the personal interest of the third-party is beside the point. The information requested here by appellant is not any information given by the third-party in confidence to the respondents. What he wants is disclosure of the written submission of the third-party before AA as part of a Section 11(1) proceeding before the latter, which was also the basis on which AA declined to divulge third-party information to the appellant. This is a legitimate request and cannot be withheld from a petitioner. Without this information, the appellant shall not be able to make an informed judgement about challenging the AA’s decision. Denying him the requested information will mean handicapping him in exercising his legal right. This will be contrary to the canons of natural justice.
9. In consideration of the above, the Commission rejects the contention of the AA and directs that the information, viz. objections of the third-party, should be disclosed to the applicant.
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10. The appeal is disposed of with these directions.
Sd/-
(A.N. TIWARI)
INFORMATION COMMISSIONER
Authenticated by –
Sd/-
( D.C. SINGH )
Under Secretary & Asst. Registrar
Address of parties:
1.
Shri Bhushan Kumar, H.No.V-11, 2nd Floor, Rajouri Garden, New Delhi-110 027.
2.
3.
Shri L.R. Sapra, Asst. Commissioner of Income Tax & CPIO, Patiala, Office of the Commissioner of Income Tax, Aayakar Bhawan, Patiala, Punjab.
Shri G.C. Negi, Commissioner of Income Tax & Appellate Authority, Patiala, Office of the Commissioner of Income Tax, Aayakar Bhawan, Patiala, Punjab.
