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keshar dev (n/a)     03 April 2016

Rti act 2005

sir , i and my brother having 20 acres of agri land in joint khatedari.son of my elder brother have taken elect connection without my permission so i approached and submitted a complaint to JVVNL stating that since our account is joint so how you have given elect connection without the permission of co owner and i have submitted the copy of complaint to the Ex eng also. After a week i received letter from Ex Eng and copy to A Eng that necessary action is to be taken of the complaint under information to us.I did not get reply for 1 month than i have asked A eng under RTI act 2005 to give me the certified copies of elect connection file and the correspondece.THe A Eng has given me the reply that i cn not give you the above papers without the the permission of the connection holder and the connection holder has refuse to to give the same.Now i want to know that withount the connection document i cant not lodge the court case .please advise me wheather these file papers and corresponce papers are personnel papers of the connection holder or the JVVNL papers.If these are personnel than nigam cant give me without his permission or if Jodhpur vidhut vitran nigam limited paper than why the above authority has refused to me .kindly suggest. thanking you.


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 2 Replies


(Guest)

Regarding RTI 

There is provision in RTI that when you have to access private papers of third party which may not have direct relationship with public activity then they have to intimated and informed that third party and if they take objection on it they have to decide whether to give information or not. Now Govt. will have all record of individual some where and thus no information can come out so such thing takes bit hurdle and person have to file first appeal telling in your case "Land belongs to me so I have right what wrong is going on my land , if any . You should produce documentary evidence to that officer so he will decide and take decission whether to give your access to information or not"

If this person does not give then you have to appeal to State Information Commission telling that this is my land , this are documents support of my claim and anything which takes place on my land I have right to know and see the documents from Govt. record and thus I am not third party . Generally with my above mentioned argument you can get access provided you show land record or ownership document with Appeal presented.  

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Now please clarift which court case you want to file -----

What are relief you want from Court ? There should be legally valid relief which you should ask from court and you first define that . You want this relief or that relief . Then I will tell you further . Only because you want to file some case has no meaning it is filling pockets of advocate and removing your some anger , and advocate takes advantage of your anger and earns money. 

So specify legal relief which you want . Then I can ans. your question 

G.L.N. Prasad (Retired employee.)     03 April 2016

The word/letter of Engineer is not final.  You can appeal to First Appellate Authority and go for second appeal before State Information Commission.

The request for electricity is not personal information exempted under RTI Act, as that third person never has authority to impose on Electricity dept to keep it confidential or that information is held in fiduciary capaciaty.

The information of electricity connection is part of Public record and must be provided particularly when a fraud has committed by filing incorrect documents to obtain EC of your lands.  Go for first appeal with following.

Grounds for Appeal: PIO has wrongly concluded that the information is personal in nature.  The documents connected to Electricity connections are never personal and belong to Dept.,  PIO has deliberately misinterpreted the exemption.  THe information sought is a public record.

Prayer: Please direct PIO to provide the entire set of certified copies free of cost as expeditiously as possible.


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