Right to information act
sunil kumavat
(Querist) 08 August 2016
This query is : Resolved
RESP SIR,
My friend is a govt servent n his wife has asked his SALARY SLIP DETAILS UNDER RTI in Maharashtra. and the dept. has given information without asking him .
1) Can he ask the dept. not to provide his personal information under RTI .
2) If yes under what provision of RTI in Maharashtra .
3)Your valuable suggestion if any regarding RTI.
Thanks .
Sudhir Kumar, Advocate
(Expert) 08 August 2016
why he wanted truth to be hidden.
In case he has misstated his income in maintenance matter then he has to know that even in personal life a govt servant is expected to hold "absolute integrity". So his job itself can be at peril.
He must be advised not to annoy deptt.
Guest
(Expert) 08 August 2016
You may advise your friend to go through the RTI Act & Rules, as is available on the website of all the departments. You may also have a look on those documents on the website of his department to guide him.
malipeddi jaggarao
(Expert) 09 August 2016
There are no such provisions in the RTI Act that a person can restrain his employer from providing the information. It is for the employer to decide whether the information sought comes under exempted categories or not.
Ms.Usha Kapoor
(Expert) 09 August 2016
Dear Client,
Although formerly exempted from disclosing huasband salary etc to the eastranged wife under RTI, Central Infomratrion /commision in last year/2015 February ruled that idf thirdparty priviacy is overruled by public interest and d so by virtue of safeguarding public interest your estranged wife has every right to know yopur salary and the PIO is bound to provide her with your salary slips.Please read Times of India February 7th 2015 Central Information Commission ruled that public interest outweigh and overruled third party/your husband's privacy.
NEW DELHI: Your property details, investments and assets can be accessed by your spouse under the Right to Information Act (RTI). This wa the ruling of the central information commission reported in TOI on /feb 7th 2015. Read the full news report after logging into TOI site.
Ms.Usha Kapoor
(Expert) 09 August 2016
Dear Client,
Here Goes the full report of the ToI p[publication of the news item on estranged wife's right to know her husband's income under RTI although previously it was exempted under his right to privacy policy. In Public interest it must be disclosed.
NEW DELHI: Your property details, investments and assets can be accessed by your spouse under the Right to Information Act (RTI).
The Central Information Commission (CIC) passed the judgment on Friday while dealing with the case of an applicant — an estranged wife and an alleged victim of domestic violence.
Overruling arguments that income details of a person is "personal information", it directed the Delhi Transco, where her husband works, to provide his relevant details to her as it constituted her right to life. So far such information has been considered exempt under the RTI Act and treated as private or third party information.
In this particular case, the applicant had sought to know the details of his husband's property, including that given in dowry, and action taken against him for attempting to commit bigamy and abandoning her without any financial support.
Latest Comment
Similarly the RTI scope may be extended to Men (Husbands) as to help them in alimony pleadings.T V Raavu
Ruling that the larger public interest overrides exemption under privacy of an individual, information commissioner M Shridhar Acharyulu said that the public information officer in Delhi Transco could not reject the request for such information if filed by the woman because the protection of privacy is overridden by the huge public interest in the duty of a government official to provide maintenance to his wife and children and not indulge in domestic violence. The commission ordered the firm to furnish the man's income details within 48 hours.
Citing a recent Delhi high court order — Kusum Sharma vs Mahinder Kumar Sharma — the CIC said that the court had asked both husband and wife to submit affidavits of income, assets and investments which were considered personal or third party information earlier. "Depending on the financial condition or non-availability of support from parents when husband does not maintain his wife, it challenges her right to live, and thus information related to maintenance becomes life related information,'' the order had said.
R.K Nanda
(Expert) 09 August 2016
Nothing to add.
Guest
(Expert) 09 August 2016
Well advised.
Rajendra K Goyal
(Expert) 09 August 2016
Well advised by the expert Ms.Usha Kapoor, agree to it.
sunil kumavat
(Querist) 09 August 2016
Thank you VERY MUCH SIR FOR YOUR SUCHA VALUABLE N DETAILED GUIDANCE .
Same way can my friend ask for his wife salary details from the PRIVATE CLINIC where she is working as a doctor .he has tried but got no response for the private clinic and more over her lawyer send him a LEGAL NOTICE NOT TO SEND RTI APPLICATION TO HER CLINIC AS IT DOES NOT APPLY TO PRIVATE CLINIC.
THANKS.
