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R. K. Singh (Business)     02 June 2018

RTI :: false personation as spouse to get information

Dear Experts

There have been judgements where information of individual government employee has been provided in RTI law only because the applicant is a "spouse" of such individual employee. 

One can impersonate as the spouse of government employee and file RTI Application seeking personal information of a Govt. employee. The online RTI portal does not ask for identity proof and marriage certificate in case the applicant is applying for information as a spouse. In such a case the applicant would get the information even without the concerned government employee knowing what is happening behind his back. There are chances that the Public Information Officer may even deny information on such RTI. However in no case the identity and marriage certificate are not verified by the PIO.

::::QUERY::::

What are the possible action which can be taken against such person who falsely personates as spouse to get information in RTI.

What evidence would be required in this case to prove false personation and to prove who has done false personation because in the online RTI Application such applicant writes the name of the spouse and not his actual name.

Thanks & Regards



Learning

 5 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     05 June 2018

The Right to Information Act is for information of public interest. The salary of an individual is not an information of public interest. In fact disclosure of such information is invasion of privacy. In any case information cannot be given under RTI. You can take action against the PIO or other officer who disclosed such personal information.

R. K. Singh (Business)     23 September 2018

Thank you Dr MPS Ramani for your kind guidance.

Whether such an act of imppersonation as wife before the Public Information Officer (RTI Act) will be punishable under section 415, 416, 417 of the IPC?

Can such act by a third party and personating as another person to get the information under the RTI act will also come under the purview of forgery?

Will it also attract IPC 420?

if any criminal case gets attracted then how the same can be proceeded with - how the same can be filed - as the Public Information Officer- PIO may not be very interested in doing so as it was the information of another person which was at risk so PIO may not be bothered. 

Thanks & Regards

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     24 September 2018

According to me, the act of the person is punishable under IPC. However, success will depend on the capability of the defence lawyer and prejudices of the judges themselves.

In fact the PIO himself should be punished. Most probably and unfortunately the PIO himself should be punished. Most probably and unfortunately the RTA itself has no provision for not disclosing such information and for punishment for disclosing such information. You write a complaint (outside RTA) to the superior officer of the PIO. I have seen cases in this Forum itself of cases where Income-tax office has refused such information. 

R. K. Singh (Business)     24 September 2018

dear sirs, thanks for the guidance

the information was denied by the PIO - however the identity of the person was not doubted by PIO - the matter is in second appeal stage now

however what I strongly feel is that the crime was committed when the impersonation was done. 

PIO being a civil office is not at all interested in lodging police complaint or getting involved in any police matter

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     24 September 2018

As the information was denied by the PIO, as well as, presumably, on first appeal, so far it is only attempted impersonation. I see no provision in IPC for attempted impersonation. If the party gets the information on second appeal, it would become impersonation. What is your aim? Is it that the party should not get the information or that the party should be punished? If it is  the former, you directly write to the second appellate authority, asking him not to give the information. On the other hand, if you want only the party to be punished, you wait until action is taken by the second appellate authority.

If the officer gives the information, you can initiate action against the concerned officer also for disclosing privileged information without a court order. The Goverment office will never take action against the party, as they have no interest in it.


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