Rti act
Panecia garg
(Querist) 24 January 2014
This query is : Resolved
My wife did 498A/406 against me after 24 years of marriage. The lower court gave orders to break open the joint locker and hand over jewelry to wife. Frankly I never visited the bank to operate locker. I wrote a letter to bank under RTI to give information of log book as to who operated locker in last 7 years.
Bank refused to give information saying that "Information sought by you is related to court case which is subjudice and protected u/s 3(h) of RTI act,2005. Therefore we cannot divulge information to you".
I did not find any such section 3(h).
What should I do?
Raj Kumar Makkad
(Expert) 25 January 2014
If the locker is joint then you can seek this information without application under RTI Act ather a simple application shall suffice.
The desired information can even be sought through court.
Rajendra K Goyal
(Expert) 25 January 2014
File appeal to appellate authority under RTI.
Being a joint owner of the locker, ask information through a simple letter also as advised by the expert. If not provided, write letter, e-mail to the head office, Regional office of the Bank.
You can send legal notice if information not provided on the basis of your letter after that.
malipeddi jaggarao
(Expert) 25 January 2014
It is not 3 (h). They must have quoted 8 (h) which reads as follows:
(h) information which would impede the process of investigation or apprehension or prosecution of offenders;
Their stand is not correct. If you are not a joint holder of the locker, they should quote the following:
(j) 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:
If you are joint holder, as Mr.Rajkumar Makkad rightly advised that the desired information can be sought in the capacity of the joint holder of the locker. There is no need to seek information under RTI Act. You can bring these facts before the appellate authority. They will give you the required information.
Alternatively you file this correspondence in the pending case against you.
Raj Kumar Makkad
(Expert) 26 January 2014
The querist has already clarified that the locker is joint so there is no need to move application under RTI Act.
T. Kalaiselvan, Advocate
(Expert) 25 January 2014
