R t i application
Vaseem Mustafa
(Querist) 02 August 2013
This query is : Resolved
Sir,
My divorced wife (to whom i divorced as per Muslim Personal Law as both are Muslims) filed 498A&406 which is under trial in court were she has given the list of Golden Ornaments without any receipt which is of value of Rs 25 Lacs.As she is a Government employ I have sought information under RTI to her department & sought information regarding "Salary Drawl Statement from date of joining till date alongwith the bank acc No on which the salary is transferred, GP fund subscription, ,Photostat of tax deduction claim certificates."
Can department provide me such information & her immediate boss said this is personal & does not come under the RTI act.Please clarify
V R SHROFF
(Expert) 02 August 2013
YOU CAN RAISE INTERROGATORIES/ QUESTIONS, SHE IS BOUND TO REPLY IT ON AFFIDAVIT, AND YOU CAN USE IT AGAINST HER. [ DV BEING QUASI CIVIL, THIS PROVISION OF CPC APPLY]Apply to Court , and court will direct her to reply what u wanted in RTI
Advocate M.Bhadra
(Expert) 02 August 2013
The information about salary and emoluments shall anyway have been there on Interest for everyone to have a look. Even if it is not there or a person has asked the information, it shall be immediately given as per this above section. This implies to any person. And if the person is the husband or the wife, claim becomes doubly important.
The second is section 8(1)(j). It prohibits information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information.
Here again, we can see that a husband or a wife is directly affected by the information about what name the employee has given in official records and thus it no longer remains a personal information which has no interest to the person asking for information. The person (husband or wife) is very much affected by any wrongful information in this regards. As far as I can think, even before the RTI Act, such information must have been given when a husband or wife wants to know what name has been given by the employee in official records. But here, even after coming of RTI Act, the information is not being given.
http://articles.timesofindia.indiatimes.com/
The Goa State Information Commission (GSIC) recently directed the accounts department to provide salary details of a government employee to his estranged wife. The government employee had filed a divorce plea in court.
The wife had sought the details under the Right To Information Act (RTI) so as to claim maintenance but the government employee had urged the accounts department not to furnish his salary details.
Rajendra K Goyal
(Expert) 02 August 2013
Agree with the experts, nothing more to add.
R.K Nanda
(Expert) 02 August 2013
nothing to add.
Vaseem Mustafa
(Querist) 02 August 2013
Sir
I am not able to understand please advise me,is there any section of RTI Act/Judgement by which they are bound to provide me the said information.
Deepak Nair
(Expert) 05 August 2013
The best way is to follow the advise of Shroff sir.
Apply to the court seeking direction to the other party to produce the source of income and salary details. Also for direction to her employer to provide the salary details.
Sudhir Kumar, Advocate
(Expert) 14 September 2013
A Govt deptt cannot deny an information as to whether "X" is or is not employed with them.
This information proves she is employed..
Do not confuse your case with unnecessary details like GPF etc.
You can cause the salary record to be summoned in court.
