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balli ashish   20 December 2023

For inspection of the records under the rti act,

For inspection of the records under the RTI Act, I have requested the office of the Divisional Superintendent of Police to inspect the police station general diary, police suspension records, police SR books, RTI maintenance book. But the PIO replied that it cannot be given under Section 8(1)(j). And the Appellate Officer also supported the reply given by the PIO. If I do inspection I will find two police constables, one circle inspector, one SSI with credentials. But since their superior officer is Additional SP Appellate Officer, they rejected my RTI saying that the larger public interest will not come under. Please advise me on this. I will fight for this as much as possible. do not leave



Learning

 13 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     20 December 2023

Yes.  The reply is correct.  You can move to Commission if you wishes.

Dr. J C Vashista (Advocate )     21 December 2023

Which document fall u/s 8(1)(j) of the RTI Act, 2005 that cannot be permitted to inspect ?

Did you ask the question from SPIO / FAA, if you feel that none of them fall under restricted catagory ?

balli ashish   21 December 2023

Issue: To take action against officials who are guilty of abuse of power and caste discrimination and to do justice to my issue.
              I am Balli Ashish (age 32 years) belonging to SC Mala caste. I am residing in Naidupet town. There is a 30 ankanam plot with 4 ankanam old colony house in Serv No. 155-1B in Kuchiwadapalem village under Kuchiwada panchayat of Naidupet mandal, Tirupati district. I kept my valuables in that house and put a lock worth about 400 rupees. Due to the current rainy season, due to the old house, the repair date is: On 27-07-2023, when I went near my house in Kuchiwadapalem, Harijanwada, a person named Balli Sukumar, who lives behind our house i.e. to the west of the same village, removed the door of my house and was in my house. Seeing this, I took the video and lodged a complaint with the Honorable Tehsildar of Naidupet on the same day. The tehsildar will immediately respond and make an enquiry, but I dialed 112 and filed a complaint as I was told to file a complaint with the police first. On the same day at around 10 o'clock in the night, a complaint was lodged at the Naidupet police station along with documents related to me. I waited for a day but the police did not respond, so I called 112 again and complained. At that Naidupet police station Srikanth Esaigaru used to bring me to the police station every day, stay for some time and come again the next day. As I was being called to the police station every day, I lodged a complaint on the phone with the Naidupet Town CI. However, as no justice was served to me, I filed a complaint through phone call and WhatsApp on Date:01-08-2023 to Hon'ble Tirupati District SP. Date: On 02-08-2023 night a sir called me from Tirupati District SP office and said don't worry, SP will give you justice, next day Naidupet town inspector Narasimha sir was called. Date: 03-08-2023 Afternoon I met Narasimha Sir in Naidupet Police Station and told him that it has been many days since I complained, I have not received any justice, at least not a single policeman has gone to the incident site, not even a case has been registered, I am being driven around the police station. Although I explained that I complained to the Tirupati District SP, the next day i.e. on 04-08-2023 in the afternoon, Inspector Narasimha Sir came to the scene of the incident at Kuchiwadapalem village and found Balli Sukumar in the premises of my house and despite telling me that my valuables were in the house, Balli Sukumar broke into my house. No action has been taken against the person so far. But Balli Sukumar, who was born in a SC Mala family of village Harijanawada of Kuchiwadapalem, studied higher education and is a good value in the society, Balli Vijaya Kumar (RPF), Balli Madhu (Government employee-Electricity Department), Balli Dhanapal (M) belongs to the same family. Tech-Senior Engineer), Balli Suresh Babu (M Tech and MA Journalism) Date: 05-07-2023 Speaking on this issue, it is wrong to break the lock of the house and enter the house when no one is there, if there is any problem, inform the authorities, it is a situation of angry fights. Don't go, Balli told Sukumar and me well. For that I respect all of them as elders and abide by their words. Taking this as an opportunity, Balli Sukumar Manchi called his relatives Balli Vijaya Kumar (RPF), Balli Madhu (Government Servant-Electricity Department), Balli Dhanapal (M Tech-Senior Engineer), Balli Suresh Babu (M Tech and MA Journalism). Balli Sukumar filed a false complaint against all of them on 06-08-2023 at Naidupet Police Station in the afternoon. Immediately Police Station Town Inspector Narasimha Sir registered a case against the above. Prayer to take strict action against Sub-Inspector Srikanth of Tirupati District Naidupet Police Station and Inspector Narasimha, who are government employees and who should file cases of abuse of power, caste discrimination, illegal activities and false cases against Balli Sukumar.

 

This is complete issue. 

T. Kalaiselvan, Advocate (Advocate)     21 December 2023

You can prefer an appeal against this decision before the appellate authority

balli ashish   21 December 2023

I asked sir, I was present before the appellate officer yesterday. When there is evidence of wrongdoing by police officers in the past, why is it not right to ask for the data related to them through RTI if the same officers commit mistakes again? Big public interest means I am one of those people. However, with your permission, I will give only the data I need in the inspection of the records. Immediately I will show the irregularities committed by the said police officers. PIO did not bring those records yesterday. The appellate officer said that the police station general diary, suspension records of previously suspended police officers and RTI maintenance book cannot be given to me. The designation of the same Appellate Officer is Audit SP. I have already filed a complaint against the officers who committed the irregularities. But without taking any action, they are cleverly misleading the law.

Dr. J C Vashista (Advocate )     22 December 2023

Move second appeal before Central Information Commissioner, New Delhi with all relevant information and documents, if you are aggreived.

balli ashish   22 December 2023

Sir can complaint be made to central information commission after first appeal instead of state information commission? On this issue. Suggest me please sir/Madam. Thank you.

Dr. J C Vashista (Advocate )     23 December 2023

@ Ba,

Did you go through my opinion / advise before writing this post ?

Please read it again, which contain reply to your query.

T. Kalaiselvan, Advocate (Advocate)     23 December 2023

You have to follow the process step by step only and cannot jump the line.

You may follow the procedures suggested.

Techo nix   24 December 2023

I am not a legal expert, but I can offer some general guidance. It appears that the Public Information Officer (PIO) has cited Section 8(1)(j) of the RTI Act, which relates to personal information that cannot be disclosed unless it is in the larger public interest. If the PIO and Appellate Officer have denied your request based on this exemption, challenging their decision may require following the procedures outlined in the RTI Act.

Here are a few steps you might consider:

  1. File a Second Appeal: If you are dissatisfied with the decision of the Appellate Officer, you can file a second appeal before the relevant Information Commission within the stipulated time frame.

  2. Grounds for Appeal: Clearly articulate the grounds for your appeal, emphasizing why you believe the information is in the larger public interest and should not be exempted under Section 8(1)(j).

  3. Legal Assistance: Consider seeking advice from a legal professional who specializes in RTI matters. They can guide you on the specific legal aspects of your case and help formulate a strong appeal.

Remember that the procedures and options available may vary depending on the jurisdiction. It's crucial to adhere to the timelines and procedures prescribed by the relevant Information Commission. If you're determined to pursue this, consulting with a legal expert familiar with RTI matters would be advisable.

balli ashish   24 December 2023

I am really thankful to you the owner of this web site for giving advice to my doubts. I don't want to rot in this rotten system. I will fight fair as long as I have patience. A constable who was working in a neighboring mandal demanded a bribe and was posted again in his own mandal police station, and through him, the police officials are making all kinds of collections locally. With that courage, he was confident that no one could do anything to him. So I asked for verification of the records for his service record, suspension record data. The same constable without uniform went with an SSI and brought a 20-year-old dalit boy in a jeep and kept him in the station and left him at 9 pm. Unfortunately, the agony of that mother without a husband caused me and my peers a lot of pain at that time. The boy had already got bail in petty fighting cases. That's why I had to ask for the station general's diary. If some policemen need money, they show their glory to innocent people and collect money in some form. After seeing all this, I filed a case against them. But even today no action has been taken against those police officers.

T. Kalaiselvan, Advocate (Advocate)     24 December 2023

Have you approached the jurisdictional judicial magistrate court with an application under section 156(3) cr.p.c. seeking direction to concerned police station to investigate into complaint lodged by you and initiate legal action against the culprit police personnel.

balli ashish   25 December 2023

A month ago I complained to the Divisional Superintendent of Police. I have also given the station writer records tampered documents and another police audio footage which was sarcastic. But so far no action has been taken against those two policemen, so I filed the following complaint with the district SP 3 days ago.
Subject: For action against police officers involved in corruption and irregularities.
Problem: I am Balli Ashish and resident of Naidupet town, Tirupati district. On 04-10-2023, a complaint was made to the Naidupet Divisional Superintendent of Police (DSP) through the Indian Postal Register Post that the policemen Madhu and Kumar Raja, who are working as writers for Naidupet Town Police Station, Tirupati District, are involved in corruption and irregularities. Date: 09/10/2023 I have submitted documents and audio footage related to the corruption and irregularities committed by two policemen namely Madhu and Kumar Raja who are working as writers along with my statement to Naidupet DSP regarding this complaint. 112 reply to police dial that I and the accused have compromised together on the issue(ID:359191) which I complained to police dial 112 by phone on previous date:27-07-2023, 28-07-2023, 29-07-2023 Again giving me false information through Right to Information Act that a case has been registered on my complaint under the same 112 police dial and instead of the concerned Citizen Information Officer a single paper reply was written to me by a writer named Constable Madhu dated: 07-09-2023 with the signature of another officer. Actually I complained about my problem several times through 112 police dial and directly in Naidupet town police station three times with some evidence but no action was taken on my complaint. Next Date: 08/08/2023 - 09/08/2023 I will tell Honorable Tirupati District SP, Tirupati District Collector, Andhra Pradesh DGP, Andhra Pradesh Human Rights Commission and Jagannanna about the way Naidupet Town Police treated my problem. It was informed in the form of complaint. Later on my issue the police registered as FIR No. 196/2023 on Date: 18-08-2023. On date:01-10-2023 police constable Kumar Raja in civil dress without uniform went to our own village Kuchiwadapalenna and spoke sarcastically and obscenely about me and my family in front of couple Balli Sukumar, Balli Mary and our villagers. Therefore, they have requested to register a case against the writer Madhu and Kumar Raja, the two policemen and the police officers who have cooperated in this matter and take legal action, from 27-07-2023 to 18-08-2023 and from 01-10-2023 in Tirupati district. , General Diary at Naidupet Town Police Station, Case Diary dated:09-08-2023 complete record of application for information sent by me to Naidupet Town Police Station, records of FIR No:196/2023 dated:18/08/2023, Dated:04-10-2023 I made a complaint to the Divisional Superintendent of Police, Naidupet, I request them to examine the records of my statement to the Divisional Superintendent of Police, Naidupet dated:09-10-2023.


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