Rti act - misuse of information obtained under
Querist :
Anonymous
(Querist) 19 October 2017
This query is : Resolved
Recently some interested parties asked for the building permits and the backup documents filed by a charitable organisation to the local Municipality. Among the documents so obtained, was the copy of a land tax receipt of year 2016-17. This tax receipt copy was used by these parties to pay the land tax for the charitable society's land for 2017-18 with malicious intent. The criminal action has been reported to the police.
Does the RTI act prevent such criminal misuse of information obtained under the act?
What legal remedies are available to those affected in this manner, i.e. the misuse of RTI information?
Guest
(Expert) 19 October 2017
If some malpractice is highlighted by taking copies of documents through RTI that cannot be termed as misuse of facility. Moreover, RTI does not have any such provision to debar the RTI applicant from tasking any information in public interest or even for his own purpose, unless the information violates the privacy of any individual or is against the security of the state/country.
Querist :
Anonymous
(Querist) 19 October 2017
The information gathered by the RTI applicant was copy of a legally paid tax receipt. This tax receipt copy was used by the RTI applicant for a criminal purpose. That is my issue.
Querist :
Anonymous
(Querist) 19 October 2017
So does the fact that a crime was committed using RTI information obtained lawfully, assign any blame on the RTI applicant? Kindly clarify.
Isaac Gabriel
(Expert) 20 October 2017
RTI was enacted to curb the misdeeds and to maintain transparency in administration.If at all any violation of law or statute surfaces based on the information, proceeding with legal action shall be the right course of action.
Guest
(Expert) 20 October 2017
In the absence of case description, any guess may not help you, whether the effort was a misuse or the right use of the RTI. The RTI Act is meant to provide information for the purpose of maintaining transparency in the Government offices or its related organizations, irrespective of the purpose for what the information is sought by the applicant.
Your query is resolved. So, there is no use of stretching the same, any further. No misuse is anticipated by any such information that is obtained through RTI, as only misuse of authority by the officials can be the purpose of highlighting to the Government. Misuse cannot be stipulated, unless that is used for the spying purposes through any other country. However, If in exceptional cases misuse is noticed, you can drag the person in the court of law. You must do that, if you think the information hass been misused.
Querist :
Anonymous
(Querist) 20 October 2017
Thank you Mr. Gabriel and Mr. Dhingra,
In my case, the information was not used by the RTI applicant to target any government official or government action. Rather it was used to fraudulently pay the land tax of a private organization ( no govt. involvement in the org.) apparently in order to build a case for claiming the property of this organization. The revenue dept. (village office) accepts land tax from anyone and issues the new receipt in the name of the person or persons whose name is shown on the previous tax receipt copy. Unfortunately the revenue officials do not insist (for practical reasons) that the payee brings the original land deeds while accepting tax and issuing receipt. This loophole was exploited by the RTI applicant in this case.
Querist :
Anonymous
(Querist) 20 October 2017
Okay, sir. My name is Daniel Thomas
Guest
(Expert) 20 October 2017
Only proper description of claim case can help you to get solution and also by making mention, in what way you are affected by the case.
Guest
(Expert) 20 October 2017
By mere act of paying tax on behalf of some organization does not bestow title of property in the name of the payee. He can only claim refund of that amount. otherwise that can be treated as charity on his part to the organization. Any unintentional mistake in Government record can be rectified as per the prescribed procedures. The payee of the tax cannot claim land for which he paid tax for and on behalf of any other party or organization.
Querist :
Anonymous
(Querist) 20 October 2017
Thank you sirs. I get the general drift. I also understand through these exchanges that within the RTI Act itself there is no provision for prosecuting someone who uses a private document (like a tax receipt) for his own nefarious purposes.
Rajendra K Goyal
(Expert) 20 October 2017
No advice from me to an author who is anonymous.
You can post the query in fresh thread with your identity and material facts.
Guest
(Expert) 20 October 2017
Childish post from Mr. Rajendra K Goyal, when the querist has already mentioned his name aqnd has not specifically requested Mr. Goyal for his advice.
