Rti query
shyam lal
(Querist) 28 December 2021
This query is : Resolved
Having posted a RTI query it was turned down by the PIO with the response saying it is a third party seeking info and consent has been refused.
Query is can I ask for file inspection of the same RTI sought.or in this case to consent of the party has to be sought?
Under which RTI act file inspection can be sought with out consent of first party.?
K Rajasekharan
(Expert) 28 December 2021
Both file inspection and copy giving are two modes of right to information. When one is refused the other cannot be resorted to.
But here the is a problem. In the case of refusal to give third party information, it is mandatory to seek the opinion of the third party by the State PIO. The decision to give or not to give information is to be taken by the PIO but not the third party.
That means even if the third-party refuses, the PIO can decide to give the information if he considers it is to be given based on its public importance.
Here the SPIO seems to have not taken his independent decision. Rather he, like a post office, transmits what the third party informed him. This is improper decision making by the SPIO.
So, you may file an appeal to the appellate officer to draw his attention to this matter. If the appellate authority refuses to give you the information, you have one more chance to file a second appeal to the information commission.
kavksatyanarayana
(Expert) 28 December 2021
Yes. The third-party information shall also be given to the applicant. The PIO should be obtained from the officer (who has to give information) and the PIO, in turn, send to the applicant. So file 1st appeal to the appellate authority i.e.who is the next officer to the PIO. I opine you have to file 1st and 2 appeals to the concerned and next file appeal to the Commission of RTI.
Sudhir Kumar, Advocate
(Expert) 31 December 2021
Query is vague.
You have not stated as to what information was sought.
without this it cannot be deliberated whether at all it was falling as third party.
shyam lal
(Querist) 31 December 2021
Attention expert Sudhir Kumar I presume you know alot .kindly explain in simple plain English what is third party ? to enable me to answer your question.
Sudhir Kumar, Advocate
(Expert) 01 January 2022
Kindly intimate what was the question you asked. Only then it can be deliberated whether the third party clause is rightly applied or not.
In case rightly applied then it is to bedeliberate3edd further whether procedure has been followed correctly.
