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Shantanu Wavhal (Worker)     05 August 2012

Rti against wife + fil (both are govt. servants)

Kind request for suggestions :

how to tactfully use RTI against wife + fil (both are govt. servants) to make both of them run around ??



Learning

 5 Replies

Divya Jyoti Jaipuriar (Advocate/ 09868002365)     05 August 2012

Dear Amit Right to Information Act enables any citizen of India to seek information from any public authority subject to the exemptions under section 8 and 9 of the Right to Information Act. It is not a tool to harass any public servent. In your case, as your wife and father in law are in government service, you can seek information about them. But such information is subject to the exemption clauses that prevent personal information and third party information. In any event, you cannot harass any person by simply filing RTI application seeking information about such person. Please also note that such misuse of RTI Act has also not been appreciated by even Supreme Court of India. While disposing the writ petition by one Paardarsh*ta Public Welfare Fondation (NGO), Delhi High Court found instances of misuse of the process of seeking information under Right to Information Act. In this case, the secretary of the NGO was seeking personal information abour some engineers posted in Municipal Corporation of Delhi. The Information sought was about the s*xual disorder, DNA test between an officer and his surrogate mother, name of his biological father and step father, name of his mother and surrogate step mother and such other aspects which, the Delhi High Court found to be beyond the perception of decency and in fact, an invasion into another man's privacy. While dismissing the writ petition (Paardarsh*ta Public Welfare Foundation (NGO) versus Union of India and others [reported as AIR 2011 Del 82], Delhi High Court concluded that the petitioner had conceived the idea or notion that revenge is sweetest but failed to realise the eventual fruit of revenge is always bitter. The Court alsoimposed a cost of Rs. 75,000/- (Rupees Seventy Five Thousand) on the petitioner. This order was challenged before Supreme Court of India, and the Supreme Court confirmed the order. So I suggest that you find any other way to vent your anger against your wife and father in law. Warmly Divya Jyoti Jaipuriar, Adv. +91-9868002365 www.jaipuriar.com

Divya Jyoti Jaipuriar (Advocate/ 09868002365)     05 August 2012

 

Dear Amit

Right to Information Act enables any citizen of India to seek information from any public authority subject to the exemptions under section 8 and 9 of the Right to Information Act. It is not a tool to harass any public servent.

In your case, as your wife and father in law are in government service, you can seek information about them. But such information is subject to the exemption clauses that prevent personal information and third party information. In any event, you cannot harass any person by simply filing RTI application seeking information about such person.

Please also note that such misuse of RTI Act has also not been appreciated by even Supreme Court of India. While disposing the writ petition by one Paardarsh*ta Public Welfare Fondation (NGO), Delhi High Court found instances of misuse of the process of seeking information under Right to Information Act. In this case, the secretary of the NGO was seeking personal information abour some engineers posted in Municipal Corporation of Delhi. The Information sought was about the s*xual disorder, DNA test between an officer and his surrogate mother, name of his biological father and step father, name of his mother and surrogate step mother and such other aspects which, the Delhi High Court found to be beyond the perception of decency and in fact, an invasion into another man's privacy.

While dismissing the writ petition (Paardarsh*ta Public Welfare Foundation (NGO) versus Union of India and others [reported as AIR 2011 Del 82], Delhi High Court concluded that the petitioner had conceived the idea or notion that revenge is sweetest but failed to realise the eventual fruit of revenge is always bitter. The Court alsoimposed a cost of Rs. 75,000/- (Rupees Seventy Five Thousand) on the petitioner. This order was challenged before Supreme Court of India, and the Supreme Court confirmed the order.

So I suggest that you find any other way to vent your anger against your wife and father in law.

 

Warmly

Divya Jyoti Jaipuriar, Adv.

+91-9868002365

www.jaipuriar.com

Shantanu Wavhal (Worker)     05 August 2012

wife + FIL have done several misdeeds on duty.

eg. - false applications for leave, signing the attendence register without being present on duty etc.

i dont think that, seeking suck information would be treated as harassment.

RTI will be used by me to bring their misdeeds on record.

I want to see them running around for the unlaful deeds done by them on duty

NOTHING PERSONAL.

Divya Jyoti Jaipuriar (Advocate/ 09868002365)     05 August 2012

Amit

Please understand that RTI Act gives you right to seek information and not to redress your grivances. In case you believe that there are "several misdeeds on duty", RTI will help you only in getting the information available on record. After obtaining information, you have to go for proper legal procedure with evidences to indicate that your wife and father in law have committed some wrong. Information from their office might help you in this. But RTI per se will not be of any help to redress your grievance.

Use RTI Act to get information about your wife and father in law and then take appropriate legal action against them with placing all evidences on record.

 

Warmly

Divya Jyoti Jaipuriar, Adv.

1 Like

Shantanu Wavhal (Worker)     05 August 2012

yes, sir.

u got my point that -

documentary evidences are required to initiate legal actions against the misbehaviour of wife + FIL ; which i m collecting through RTI

 

I think I was not clear in my initial post.

:)


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