Strange RTI matter ???
Querist :
Anonymous
(Querist) 16 October 2010
This query is : Resolved
I live in Delhi DDA built flat.I am an owner through a chain of Power Of Attorneys starting from the allottee of this flat.
Someone filed a RTI to know,that who is the current owner of this flat as well as the name of all the previous owners of this flat.
Strangely the PIO sent some clerk to my residence to know all this info from me instead of searching the Govt. records.
I returned that clerk empty handed and asked him to come with some official letter describing who needs this info from me,what is the purpose and what is the guarantee that the info given by me would not be misused ?
Now several questions are in my mind:---
Is this the way of getting info for replying an RTI ?
Can a PIO/or any other Govt. Official approach/force Public for getting info for replying RTI?
Is not there some thing fishy in this whole matter ?
Did I do the right move by not giving that clerk the info demanded by him,would not I be harassed by some Govt. Official for not giving them this info ?
Please guide.....
ashish lal
(Expert) 16 October 2010
i agree that there is some thing fishy. This is not the way the government authorities collect information for purpose of reply under RTI Act. The government authorities gives the reply based on the records maintained by them.
Querist :
Anonymous
(Querist) 16 October 2010
Ashish Ji,is there some provision under which they can go and ask Public to get info for RTI reply ?
R.Ramachandran
(Expert) 16 October 2010
Dear Mr. Anonymous,
Believe me, no government agency would have sent any one asking for these details especially for furnishing information under RTI to anyone.
As you suspect, it is definitely somebody trying to play tricks with you. You have done a very right thing by asking him to produce an official letter.
Kirti Kar Tripathi
(Expert) 17 October 2010
RTI is applicable only on the public office or persons discharging public duty. A private person is not required to answer any information sought from his either directly or through public agency. you can flatly refuse to answer.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 17 October 2010
Yes there is something fishy that is why the information through RTI is sought.
Nothing wrong in coming to you to seek information.
Querist :
Anonymous
(Querist) 17 October 2010
Shshikumar Ji,---
"You say that nothing wrong in coming to you to seek information"
Mr. Kirti Tripathi says
"RTI is applicable only on the public office or persons discharging public duty. A private person is not required to answer any information sought from his either directly or through public agency. you can flatly refuse to answer."
Can you or any other friend here specify that who is right out of these two Lrnd. friends or both of them are right,please help....
Kirti Kar Tripathi
(Expert) 17 October 2010
The preamble of RTI Act itself provide
"An Act to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto."
Section 8 relates with the provisions regarding exemption of RTI, which runs as under:-
8 (1) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen,—
(a) information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence;
(b) information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court;
(c) information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature;
(d) information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information;
(e) information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information;
(f) information received in confidence from foreign Government;
(g) information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes;
(h) information which would impede the process of investigation or apprehension or prosecution of offenders;
(i) cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers:
Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over:
Provided further that those matters which come under the exemptions specified in this section shall not be disclosed;
(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:
Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.
(2) Notwithstanding anything in the Official Secrets Act, 1923 nor any of the exemptions permissible in accordance with sub-section (1), a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests.
(3) Subject to the provisions of clauses (a), (c) and (i) of sub-section (1), any information relating to any occurrence, event or matter which has taken place, occurred or happened twenty years before the date on which any request is made under secton 6 shall be provided to any person making a request under that section:
Provided that where any question arises as to the date from which the said period of twenty years has to be computed, the decision of the Central Government shall be final, subject to the usual appeals provided for in this Act.
I think now you will agree with my view.
Querist :
Anonymous
(Querist) 17 October 2010
Mr. Devajyoti,please elaborate your contribution so that I may be some what more enlightened.
sanjay mundada
(Expert) 18 October 2010
nobody can demand unrelated .un connected private information under this act .there is case law about it ref. ssc.
you should be a thankful to resp. kirtikumar who spend lot of time for ur query.
it makes very clear views.
Querist :
Anonymous
(Querist) 19 October 2010
Mr Sanjay I am thankful to all of U,who take time in answering queries without getting any fee.
Thnx.
Advocate. Arunagiri
(Expert) 22 October 2010
The PIO is having all such authority to check with the govt records.
The govt is having all such rights to check physically, the information available with them. So, the PIO would not have sent person to your residence. Only the record clerk/official would have came to your residence to check their information available in their record.
When a any govt official comes for verification, please dont hesitate, cooperate with them.
You can ask for their identity card before answering them.
Now also you can provide the information by a letter to the govt officials.
I don't think it is fishy, it is one of the routine work of the govt machinery.
