Personal information under rti act
kanwal
(Querist) 20 August 2015
This query is : Resolved
Is the copy of the disciplinary proceedings/charge sheet orders/and copies of inquiry report concerning to employee can be supplied to third party. Is the re-reinstatement orders can be supplied to third party?
If no, then what are provisions and judgements for denial by the public Authority.
If PIO decides to give available documents/information what is the harm?
kindly advice
P. Venu
(Expert) 21 August 2015
How you are concerned with the issue?
kanwal
(Querist) 21 August 2015
Sir I am to act as PIO for this case
Anirudh
(Expert) 21 August 2015
Why do you want to give the personal information of an employee to a third party?
As a PIO you may reject the request.
If the applicant takes up with the Appellate Authority and if the Appellate Authority passes any order asking you to supply the documents then at that stage supply it.
kanwal
(Querist) 21 August 2015
please guide on section 11 of the act also
Rajendra K Goyal
(Expert) 21 August 2015
Section 11 in The Right To Information Act, 2005
11. Third party information.—
(1) Where a Central Public Information Officer or the State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information: Provided that except in the case of trade or commercial secrets protected by law, disclosure may be allowed if the public interest in disclosure outweighs in importance any possible harm or injury to the interests of such third party.
(2) Where a notice is served by the Central Public Information Officer or State Public Information Officer, as the case may be, under sub‑section (1) to a third party in respect of any information or record or part thereof, the third party shall, within ten days from the date of receipt of such notice, be given the opportunity to make representation against the proposed disclosure.
(3) Notwithstanding anything contained in section 7, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within forty days after receipt of the request under section 6, if the third party has been given an opportunity to make representation under sub‑section (2), make a decision as to whether or not to disclose the information or record or part thereof and give in writing the notice of his decision to the third party.
(4) A notice given under sub‑section (3) shall include a statement that the third party to whom the notice is given is entitled to prefer an appeal under section 19 against the decision.
K.S.Srinivas
(Expert) 22 August 2015
Under the provisions of the RTI Act, if the PIO concludes that there is no larger public inerest in providing the documents to the applicant, the pio can deny the same by quoting the same.
Sudhir Kumar, Advocate
(Expert) 22 August 2015
at the same time if there is larger public interest the document cannot be denied.
P. Venu
(Expert) 22 August 2015
The charge Memo and related documents need not be provided. However, the final order, exonerating or imposing penalty, is a public document and needs to be provided.
