Regarding RTI act

Share copy of letter at Djaa.legal@gmail.com, do not give any information to lawyer if court need can you directly.

Sir I jus received a direct letter from RTI office ...what should I reply

Originally posted by : Chirag
	Sir I jus received a direct letter from RTI office ...what should I reply

Dear querist,

Personal information is prohibited under section 8(1)(j) of RTI Act 2005.

 

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

You can flatly refuse to divulge your personal information.

Is der any time limit to reply ....like within 30days ...as I got the letter late and expected to reply was within 5 days which I have missed

You are not coming out with facts.   There si no RTI office or no advocate can send such letters through such office that never exists in India.

From the brief contents, it is presumed that your advocate filed information on your IT returns to the concerned ITO or your employer.  As the information pertains to third party, the Public Information officer of that dept., has sought your comments on such disclosure.  This is just a mere procedural formality under RTI Act and there is no specific duration or mandatory directions to PIO.  Even if there is no response, Public Information Officer has  to follow stipulations in RTI Act and it is his discretion, subject to larger public interest involved in disclosure of such income.

You can even now write a letter requesting the Public Information officer not to disclose any of your information to any third party and PIO has to inform about all such future hearings and you can submit the same submissions in any appeal proceedings and object against such disclosure. A simple format is being provided for ready information. Send simple letter by Regd / local speed post.

Public Information Officer,

........................................

Reg: Your letter No..................against RTI Application of ...............dt.............................

I request you not to disclose any of my personal information to any third party.  There is no larger public interest involved in such disclosure.

 

Yours faithfully,

(.................)

pleae come with full facts in coherent manner.  You have not been able to convey what you want to know.

Sir let me clarify....my case is goin in family court and DV case in civil court ...they dnt hve any proof so his lawyer is trying to extract money by opening my and my family I.T return ...so recently I got letter from RTI regrding 3rd party application for my family for which I have replied by giving objection letter .....question now is that easy for opponent lawyer to open our I.T return jus by sending letters as it is confidential and personal and till date Nothin is proved in court .... Thank you all for Ur replies....

There is no legal requirement to provide such personalized information merely on the demand of opposite counsel You can refuse to provide.

Dear querist,

Although personal information is outside purview of RTI act 2005 as section 8(1) j. But there are judgments of CIC, High Courts and Supreme Court which allow personal information can be shared if asked by spouse.

 

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

 

 

I am sorry, I am not aware of such SC decision and I will be highly thankful for such citation if posted.  At present Delhi HC Judgment is being followed, that spouse must seek such information through process of court.

The issue is on Third party's comments in this query.  The third party can express his comments as freely and there is no bar.  The third party always files objections against such disclosure to third party.  As per RTI act,  to disclose or not to accept comments of Applicant are not is left to the final discretion of PIO, and seeking such comments is the procedural formality as stipulated under RTI Act.

It is true that this is a controversial  issue and there are no exemptions for larger public interest.  If the same is not disclosed husband has to pay alimony to wife though he is affluent and is having a steady income or husband can avoid payment of sustenance to a deserving wife who is not having any source of income, all through filing misleading information on income in affidavit.

It takes two years to get a CIC hearing and decision in favour is not certain and appeal takes more time.   If the process is through court it is more proper as ITO must disclose such particulars to Court.

 I can understand taht the opposite advocate is fool. 

 

He is seeking a long route of RTI.

 

He can very well cause summons to your employer or Income Tazx deptt so that they come with record of your income in court and testify truth on oath.

Sir, initially you are asked RTI querry. Now you qoated some  other case. If you give fill detils or copy of letter,, sugestion can be given easily and also correctly.

C. Shanmugam

15-11-2018