Personal matters under rti act

Sir, The documents you refer to are certainly considered as personal and can not be availed under RTI by anyone else. Good luck, Kishor Mehta

If an applicant seeks information on his own issues/affairs that can never be a third party information.  Applicant should not seek details of third party.  There are no exemptions in RTI for any issues related to larger public interest.  For example, the candidate might have submitted fake degree certificates or fake caste certificate or fake experience certificate, if you can establish that PIO must provide that information.

The essence is seeking own information is not personal information of third party, the principles of natural justice state that the affected party should get information.

I agree with Mr. G.L.N Prasad.follow him.

 

Or You can seek details of all selected candidate or office bearers. This will change the nature of query, which is being called personal.

What is the real issue?

The issue is like this:

Whether the copies of marksheets certificates and other testimonials of a candidate submitted at the time of applying for a job can be considered as personal information after he/ she is employed in Govt. job?

This is third party information.  However if there is larger public interest, applicant has to establish that interest like candidate submitting fake certificates  or secured employment through dubious methods, thus depriving this opportunity to deserving candidates.

 

If applicant can establish this LPI, PIO must provide that information.  Applicants should remember that they can seek what ever information from public authorities they like, and should not have doubts on such actions of PIO.  During first appeal, they have to seek guidance as to PIO has acted properly or not and then file the Grounds disclosing whether the denial is proper and justified.  Simple quoting a section is not a justification, it should be substantiated and justified as to how it harms the third party, and PIO has to invoke third party information clause in Sec.11, send such notice, seek opinion of the third party within 5 days from date of receipt of RTI.  Even when third party objects, if PIO feels that larger public interest is involved, PIO is justified in providing information.  It is purely at his discretion, his decision is final  and he is protected under RTI Act.

Sir, The issue is as under:

The Principal of a Provincialised College in Assam was appointed in 2014 through the interview following the rule and selection procedure as per the Govt. of Assam.

A group of 2-3 persons who are neither the applicants nor in any way related to the college are constantly disturbing by RTI Petitions asking information and copies of the marksheets, certificates, copies of applications and other testimonials submitted by the applicants at the time of their applications for the post of Principal.

They are also asking the comparative statement of results of the interview board/ selection Committee.

Pls suggest whether these information can be given to the petitioners?

 

Sir, The issue is as under:

The Principal of a Provincialised College in Assam was appointed in 2014 through the interview following the rule and selection procedure as per the Govt. of Assam. A group of 2-3 persons who are neither the applicants nor in any way related to the college are constantly disturbing by RTI Petitions asking information and copies of the marksheets, certificates, copies of applications and other testimonials submitted by the applicants at the time of their applications for the post of Principal. They are also asking the comparative statement of results of the interview board/ selection Committee.

Pls suggest whether these information can be given to the petitioners?

Whether the Principal against whom the informations are sought is authorised to give the informations?

If so then at what capacity, as the head of the institute or as the PIO.

Pls. note that there is no PIO appointed by the government at college level.

There is one SPIO for the all colleges at the Office of the Director of Higher Education who is at the rank of Deputy Director, Higher Education.

 

1.Any information that is available on record that is not harmful either for the authority or peresonal safety must be provided..  It is the discretion of PIO, if he thinks that it is not in public interest, he may deny the information, his decision is final.  Only applicants are eligible to seek such information (any citizen that files application including the aspirants as affected party)

(Please remember that denial stating that larger public interest is not involved is not proper, as such LPI is not mentioned as exemption.  Even exempted information has to be provided in case of LPI.  If information is denied on peresonal information, Sec.11 third party has to be invoked.  This matter is critical)

Information must be provided only by designated Public Information Officers.  In case no such officers are designated though college is a public authority, principal can discuss the matter with management.  Information has to be provided only by PIO, as he enjoys protection for all his bonafide actions under RTI Act.

It is the decision of the committee to appoint PIO and Govt has no role to play, unless there is any specific circular.  For clarification, Principal may address a letter DHE and seek his guidance as to appointment of PIO.  This should be as immediately as possible and can be sent by fax.

 

Just another personal query related to Respected GLN Prasads reply...There are ACPIO in organisations and CPIOs ..If an ACPIO denies some information will it be accepted as CPIOs decion..and later on at 1st or 2nd Appeal stage lets assume ACPIO is proved wrong for wrong/malafide intentions who will be punishable ACPIO or CPIO....

As per RTI Act, the PIO is only the authority and obligation to provide information or deny information stating such clause and justification within 30 days from receipt of RTI Application.

ACPIO 's duty is confined only to accept and forward , he has no role to plaly in RTI Act except doing post master job.

The same plea can be raised during first appeal, and FAA has to rectify the mistake.

However only AP Courts, the AO replies / rejects queries whereas designated authority is SPIO, Judicial.  I am not competent to decide when there is violation of an act by HC itself.

Prasad Sir, At college level whether there will be PIO or SPIO. In Assam, there is a SPIO at the office of the Director of Higher Education who is at the rank of Deputy Director. Under such situation whether there will be a SPIO at every college? If any query addressed to SPIO of a college comes under RTI then whether it can be returned to the concerned person stating that it is delivered at wrong address, as there is no post of SPIO at college?

Prasad Sir, At college level whether there will be PIO or SPIO. In Assam, there is a SPIO at the office of the Director of Higher Education who is at the rank of Deputy Director. Under such situation whether there will be a SPIO at every college? If any query addressed to SPIO of a college comes under RTI then whether it can be returned to the concerned person stating that it is delivered at wrong address, as there is no post of SPIO at college?

Prasad Sir, At college level whether there will be PIO or SPIO. In Assam, there is a SPIO at the office of the Director of Higher Education who is at the rank of Deputy Director. Under such situation whether there will be a SPIO at every college? If any query addressed to SPIO of a college comes under RTI then whether it can be returned to the concerned person stating that it is delivered at wrong address, as there is no post of SPIO at college?