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Prathmesh Singh   11 September 2021

RTI related Matter

An FIR was registered against a government employee. The police personnel inform the department concerned with the employee that a FIR has been filed against your employee. The employee has filed RTI under which rule did you inform my department about the FIR. What should the police answer?


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 1 Replies

Shubham Bhardwaj (Advocate)     11 September 2021

Dear Mr Singh, Your query does not specify the facts. Facts were relevant for giving answer to this query. But on the basis of the available facts, I ll try to answer your query. I suppose you are the police personnel referred to some one in your circle. As a police officer, you must reject the Application on preliminary ground i.e. " Maintainability". In response to the RTI Application, send a rejection letter on these grounds (1) Reject the application saying it is not maintainable as the information being sought for is vague. (2) Application is not maintainable. RTI Application is maintainable only to seek information. Information is defined under Section 2(f) of Right to Information Act, 2005. The so called information requested by the Applicant does not come within the ambit of definition of 'information' under the RTI Act. (3) Without prejudice to the above, also state in letter that the information being sought is regarding the internal functioning of the police force, which by its nature are confidential. Therefore it cannot be provided as being prohibited under Section 8(1)(g) of the RTI Act. (4) If the RTI Application is addressed to a police officer, in his personal capacity, then reject it on the basis that information can be sought only from public authority and not in personal capacity. If the application is addressed to the police department, then this ground is not available. The applicant may file an appeal against the rejection order. So go through the Police Act of your State and police manual. You will find a justification in that. For detailed consultancy, you may contact me on this personal e-mail "office.sbhardwaj@gmail.com". Regards Shubham Bhardwaj (Advocate) District & Session Court, Chandigarh Punjab & Haryana High Court, at Chandigarh Disclaimer:- Opinion is only for guidance.

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