Rti act 2005
Nitin
(Querist) 13 October 2014
This query is : Resolved
i have ask my wife attendance details from my wife government school.. but principal of school rejected my rti application under section 8 because my wife wrote a objection letter and she mention that this is her personal matter.
but thing is that my wife files false cases on me and my parents sec498a and when she attend the court during hearing all that day her principal mark as a present but she is on leave on that all day.. and my wife working as a government teacher in village primary school..now what to do next.......
my wife school principal misuse of section 8 of rti act. because he know very well if i got her attendance details then he will suspend......
and which section i will re apeel to higher authority.......
or any other advice please guide me............
Nadeem Qureshi
(Expert) 14 October 2014
File an Application before court and summon the principle with the attendance record.
The court have power to summon
91. Summons to produce document or other thing.
Whenever any Court or any officer in charge of a police station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produce it, at the time and place stated in the summons or order.
(2) Any person required under this section merely to produce a document or other thing shall be deemed to have complied with the requisition if he causes such document or thing to be produced instead of attending personally to produce the same.
(3) Nothing in this section shall be deemed -
(a) to affect, sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), or the Bankers, Books Evidence Act, 1891(13 of 1891), or
(b) to apply to a letter, postcard, telegram or other document or any parcel or thing in the custody of the postal or telegraph authority.
P. Venu
(Expert) 14 October 2014
Attendance register is a public document. Apply for a copy of it without mentioning your wife's name.Section 8 has no application.
So also, you have the option of summoning the document.
malipeddi jaggarao
(Expert) 16 October 2014
Follow the advice of expert Mr.Nadeem and simultaneously file first appeal under RTI Act.
T. Kalaiselvan, Advocate
(Expert) 18 October 2014
As per the advise of expert Mr. Nadeem, you can proceed with the action suggested.
