Person get wrong rti answer against me.
satish
(Querist) 01 December 2011
This query is : Resolved
A person apply RTI to tehsildar. Tehsildar give wrong information to him. Due to wrong information, he file a suit against me.
As I am not the RTI applicant but reply matter related to me, can I apply to the first Appellate?
Guest
(Expert) 01 December 2011
NO, you cannot. The appellate authority is meant for the case of the RTI applicant, if he is aggrieved about the information, but not for the target person for whom the information has been supplied.
You can, of course, make a fresh application to ask for the information in refined form with the intention to counter the previously supplied information against you. If still any wrong information is received you will be able to make appeal to the said appellate authority against the PIO in that case.
satish
(Querist) 01 December 2011
Thanks for replying,
Can I file suit in civil court against the concerned officer?
Rajeev Kumar
(Expert) 01 December 2011
Agree with the opinion expressed by Dhingra JI
Rajeev Kumar
(Expert) 01 December 2011
Agree with the opinion expressed by Dhingra JI
Rajeev Kumar
(Expert) 01 December 2011
Agree with the opinion expressed by Dhingra JI
M/s. Y-not legal services
(Expert) 01 December 2011
you cant take this to appeal in your name., but on behalf of the earlier appellant you can bring this to appeal..
mahendrakumar
(Expert) 02 December 2011
what was the information?
was it something concerning your personal matters?
if it was,personal,the authrotity should you have contacted you before revealing the same.
In case it is official nature,file an rti on the subject,with suitable queries so that you get the correct version.
If the details provided by the PIO,earlier comes under the defenition of "information" only,you cannot take any action on him. However,if not you can take action against the PIO too.
Shonee Kapoor
(Expert) 02 December 2011
If the PIO has released your personal information, you have the remedy of asking about damages from him by way of civil suit.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 02 December 2011
I feel aggrieved by reading the replies started from Dhingra G till tom and when I read last two replies only then I felt myself satisfied.
Basic thing in the given matter is the personal information of the querist has been disclosed by PIO in wrong manner due to which information seeker has filed a case against the querist. He wants to know the course of action available for him in the given circumstances.
Tehsildar being PIO would not have supplied your personal information under RTI Act without your permission so you are now aggrieved person and have definitely got cause of action to have heavy damages from such officer by filing a civil suit.
So far as your pending case is concerned, you should defend it in the right prospective by summoning the original true record from the office of Tehsildar. You are not liable for supply of wrong information and are even not bound to accept it.
umapathi.s
(Expert) 03 December 2011
Dear Satish, I would suggest the following.
PIO can't be proceeded in a civil court for providing your wrong personal information under RTI Act. Whether the information is really personal or not first to be decided considering section 11 of the Act i.e. Third party information.if you are a public servant, then there is no need to obtain your consent for disclosure of your information.so, PIO is protected. Further section 21 of RTI ACT SAYS THAT "No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rule made thereunder". regarding pending case, the suggestion given by sri Raj Kumar should be followed. Regards.
satish
(Querist) 03 December 2011
The Fact is:
I applied for a Petrol Pump NOC in DM office. Some person against me. They file RTI in Tehsil office & ask Tehsildar about Location & adjoining areas of my proposed land. Tehsildar give wrong information to favour the person against me.
They file civil suit against me, using Tehsildar RTI.
mahendrakumar
(Expert) 03 December 2011
what is the point of defamation in the above information Mr.Satish? please elaborate your query so that we could give proper guidance.
satish
(Querist) 03 December 2011
Thanks for replying....
Tehsil office show wrong information & show my petrol pump close to Brick clin. With this THEY file SUIT FOR PERMANENT INJUNCTION & MANDATORY INJUNCTION to stop my process of getting NOC from DM. In this suit DM also a party as defender no. 2.
Shailesh Kumar Shah
(Expert) 03 December 2011
Fresh file rti application for same issue. get correct information. and same filed in the civil court.
