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Narayana Swamy (security)     13 March 2025

Rti section 8(1) j query

VC

Dear Experts,

I am doing social work by planting and protecting Trees and protecting environment in Hyderabad City and whenever any body cut Trees illegally i used to lodge complaint to Forest Officials.

Last year some group of persons illegally cut Trees without permission from Forest Department and I lodged complaint to local Forest Range officer(FRO) and higher officers of Forest Department to take necessary penal action as per WALTA Act  and the FRO din't take any action against culprits but submitted fake enquiry report to his subordinate Forest Divisional Officer(FDO) and closed my complaint inorder to help the culprits to escape as the culprits having high political influence.

I submit that as per Indian Constitution Article 51(A) it is a duty of every citizen of India to protect eevironment.

Now i sent RTI letter to PIO, O/o The Forest Range officer, to provide the copy of the Enquiry report which is submitted to Forest Divisional Officer (FDO). The FRO did not sent me the copy of Enquiry report  but he replied to my RTI letter as follows :

                    1) Enquiry report is submitted to FDO.

                    2) As per the provisions of section 8(1) J of RTI Act 2005, provided with the PIO the information sought by the applicant cannot be provided . As this an enquiry report comprising of third party recorded statements.

    Can the FRO skip by not providing copy of Enquiry report ? Is the information whicg i sought comes under the provision of RTI Section 8(1) J ?

   Kindly clarify my queries.

Thanks,

Naryayana Swamy.



 9 Replies

GIRISH KUMAR   14 March 2025

You have to file appeal within statutory period and if your appeal decided against you. Please file second appeal before State Information Commission.

Apart from this, you can also file a criminal complaint before vigilence department compalning against the forest officers and  seek sanction for prosecution under Prevention of Crruption Act. Together with this you can also seek sanction for prosecution and file a private complaint before the court itself. 

You can also seek remeady before high court under writ jurisdiction.

Feel free to contact at Girish Kumar Advocate, Supreme Court of India 9873777479

T. Kalaiselvan, Advocate (Advocate)     14 March 2025

You can file an appeal against the aggrieved orders and wait for the reply to pursue further.

Dr. J C Vashista (Advocate )     14 March 2025

File an appeal against the impugned order.

kavksatyanarayana (subregistrar/supdt.(retired))     14 March 2025

Yes.  You can file an appeal against the aggrieved orders.

Narayana Swamy (security)     14 March 2025

Respected Sirs,

Thanks for all your replies. I have already filed first Appeal and also given complaint to Telangana state Information Commission and a copy of the complaint also sent to FRO and the case is pending but as soon as i lodged complaint to Information Commission, The FRO sent the reply.

I have few questions regarding FRO reply.

1)  whether the reply given by the FRO is right or wrong ?

2) Whether RTI Section 8(1)J applies to my request ? since I am protecting Trees which is a public issue.

3) If i approach civil court or High Court or Vigilance Department , on what grounds  I should request Hon'ble court or vigilance Department ?

 

Thanks,

Narayana Swamy.

T. Kalaiselvan, Advocate (Advocate)     14 March 2025

Without perusal of the reply given by the FRO no opinion can be rendered in this regard.

You were advised to file an appeal against the aggrieved reply denying the information sought.

If you have already appealed then wait for the disposal of the appeal.

If your grievances are not properly redressed then you can think about approaching civil court or high court on the advice of your advocate.

Vishesh K Sapra (Advocate Supreme Court (888-215-3399))     16 March 2025

Dear Mr. Narayana Swamy, luckily, I deal with these kind of matters regularly, let me answer this for you:

Under the Right to Information Act, 2005, Section 8(1)(j) exempts the disclosure of information that relates to personal matters, the revelation of which has no connection to public activity or interest, or would cause an unwarranted invasion of the privacy of an individual. However, this exemption is not absolute and must be weighed against the larger public interest. In your case, the enquiry report pertains to the illegal cutting of trees—a matter of significant public concern given its environmental impact and your constitutional duty under Article 51A(g) to protect the environment.

The Central Information Commission (CIC) has previously held that information cannot be withheld merely because it involves third-party statements; the public authority must demonstrate that disclosure would cause harm that outweighs the public interest.  Therefore, the Forest Range Officer’s refusal to provide the enquiry report solely on the basis of Section 8(1)(j) may not be justified, especially when the information sought serves a larger public interest. You have rightly filed an appeal with the State Information Commission, which will assess whether the public interest in disclosure outweighs any potential harm to third-party privacy. Additionally, you may consider filing a writ petition in the High Court to challenge the denial, citing the precedence that environmental protection is a matter of public interest that warrants transparency.   

For further legal consultation, contact me at adv.vishesh@icloud.com. We’ll get you out of this!

1 Like

Sudhir Kumar, Advocate (Advocate)     17 March 2025

In 101% cases tge PIO appies thrid party clause without following procedure.

Narayana Swamy (security)     17 March 2025

Originally posted by : Vishesh K Sapra
Dear Mr. Narayana Swamy, luckily, I deal with these kind of matters regularly, let me answer this for you:
Under the Right to Information Act, 2005, Section 8(1)(j) exempts the disclosure of information that relates to personal matters, the revelation of which has no connection to public activity or interest, or would cause an unwarranted invasion of the privacy of an individual. However, this exemption is not absolute and must be weighed against the larger public interest. In your case, the enquiry report pertains to the illegal cutting of trees—a matter of significant public concern given its environmental impact and your constitutional duty under Article 51A(g) to protect the environment. The Central Information Commission (CIC) has previously held that information cannot be withheld merely because it involves third-party statements; the public authority must demonstrate that disclosure would cause harm that outweighs the public interest.  Therefore, the Forest Range Officer’s refusal to provide the enquiry report solely on the basis of Section 8(1)(j) may not be justified, especially when the information sought serves a larger public interest. You have rightly filed an appeal with the State Information Commission, which will assess whether the public interest in disclosure outweighs any potential harm to third-party privacy. Additionally, you may consider filing a writ petition in the High Court to challenge the denial, citing the precedence that environmental protection is a matter of public interest that warrants transparency.   
For further legal consultation, contact me at adv.vishesh@icloud.com. We’ll get you out of this!

    Sir,

   Thank you very much for furnishing full information about RTI Act 8(1) J .This information is very useful to me.

 

Thanks,

Narayana Swamy

 


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