Tds declaration form - not public document
Arka Foundation
(Querist) 04 September 2011
This query is : Resolved
Dear Forum,
An applicaiton was filed.
As i did not receive reply i gave a reminder call to the PIO on his landline,
about about my RTI application.
The PIO said that
"Declaration Form for TDS from Salary"
is not a public document.
and said i'll receive my reply shortly
Q:
Declaration Form for TDS from Salary is not a public document?
R.Ramachandran
(Expert) 05 September 2011
I am not able to follow your exact issue.
(i) What do you mean by declaration form for TDS from salary?
(ii) Who filed the declaration or who furnished the declaration form?
(iii)With whom it was filed or to whom it was furnished?
(iv) Whose declaration form that you were asking?
Arka Foundation
(Querist) 05 September 2011
(i) What do you mean by declaration form for TDS from salary?
Declaration Form given by employees about investments for TDS to his employer.
(ii) Who filed the declaration or who furnished the declaration form?
Every Employees files probabley by end of september of that current year
(iii)With whom it was filed or to whom it was furnished?
RTI was filed to Govt Aided School and was denied to the applicant by the PIO over phone.
(iv) Whose declaration form that you were asking?
Asking declaration forms submitted by employees of Govt Aided School
R.Ramachandran
(Expert) 05 September 2011
Such declarations sought by you are third party informtion. While the answer given by the PIO (though only orally through phone) that they are not public documents are completely wrong, the PIO cannot make available the information to you, without first taking the consent of the third parties whose declarations that you sought.
If the third parties withhold their consent, the PIO will refuse to provide the information to you.
Arka Foundation
(Querist) 05 September 2011
How it is a 3rd party info does it not fall under public record as provided
U/s 4(1)(b)(x) to (xv)
even without 4(1)(b) also it is also a public record of the school management
any ????
R.Ramachandran
(Expert) 05 September 2011
I said that the given by the PIO (orally over phone) that they are not public documents is not correct.
Having said that, though they are public record, they are third party documents and cannot be made available without the consent of the third parties concerned.
For instance, i cannot get information about your income tax return from the income tax department. The IT Department will first ask you whether the return can be made available to the RTI Applicant. Only when you give your consent then on that basis the IT Department's PIO will make available the information to me. In case you decline your consent, the PIO will reply to me saying that the said informtion/document cannot be made available since the third party concerned has not given his consent.
So please try to understand the legal position.
A V Vishal
(Expert) 05 September 2011
A F, Refer the definition of public records under RTI Act.
A V Vishal
(Expert) 05 September 2011
Refer the exceptions under S.8(1)(j) of the RTI Act
