Right to information act
Querist :
Anonymous
(Querist) 31 December 2011
This query is : Resolved
Respected Experts,
I requested a public limited company to provide me all details of a dealer/service provider of the company including all documents they have about financial assistance providers of a dealer. The reason (not informed to the company) is that the financial assistance providers embezzled my funds and I strongly suspect my money is the source of funds for this dealer (because the dealer does not have any independent source of assets or income).
Before going to the police, I wanted to find out myself how much money was disclosed by the financial assistance providers.(If it is more than x lakhs, then without an iota of doubt, it is my money because the cheaters had very little of their own money and/or assets).
The response from the company was:
1. As per Section 8(1)(e) of the RTI Act 2005, third party information will not be provided
2. As per Section 11(a) of RTI act, the dealer was contacted by the company and the dealer notified the company not to disclose the third party details to me.
How can I get this information so I can file criminal case with absolute certainty?
Please advice.
Thanks and Happy New Year to all of you.
Advocate. Arunagiri
(Expert) 31 December 2011
No criminal case can be filed.
Go for first appeal.
Shonee Kapoor
(Expert) 31 December 2011
First of all a public limited company, if not a government undertaking is exempt from RTI.
Then you have to take recourse by filing First Appeal and CIC or even WRIT.
No criminal action against the public limited company can be filed for denying information.
Also, if you need this information to substantiate your claims in criminal case, you can call all records using CrPC 91.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Querist :
Anonymous
(Querist) 31 December 2011
Sir,
Can you please let me how much the first appeal will cost and how long will it take?
Thanks again.
Advocate. Arunagiri
(Expert) 31 December 2011
There is no fee for appeal. The appeal should get disposed within 30 days.
You may go through the RTI Act and ask any clarification.
mahendrakumar
(Expert) 01 January 2012
the matters are not as simple,even though normally you would get a response for your first appeal with in a month,depending on the matter and the nexus with the authorities,rti may not be of much help,especially upto first appeals as both PIO and the appellate authority comes from the same dept.
the only hope is with the second appeal and as no time limit is there for the disposal of second appeal,normally a decision from second appeal comes after 18 months or more.
Shailesh Kr. Shah
(Expert) 01 January 2012
You have to prove to get information that information related to public records.Without proving this, you can't get.
Raj Kumar Makkad
(Expert) 01 January 2012
I am sorry to be completely disagree with the experts who have suggested to file first or second or third appeal in the given case wherein the company do not come within the definition of a state as this is a public limited company having its own commercial and trade secrets and even its service provider has also refused to disclose anything about him so there is no use to apply RTI provisions further more.
You can file a civil suit or a criminal case wherein all such record can be got obtained by police as well as by court. Both cases can also be filed at the same time.
Advocate. Arunagiri
(Expert) 01 January 2012
Mr.Makkad,
The author had said that the RTI Appln was returned on the grounds that the third party info can not be given.
It is not the case the company does not come under RTI act.
It may be a public limited company, managed by Govt / PSU.
prabhakar singh
(Expert) 01 January 2012
CLARIFY FIRST THE STATUS OF THE COMPANY,IS IT MANAGED BY STATE OR CENTRAL GOVERNMENT OR A PSU. ?????????
malipeddi jaggarao
(Expert) 02 January 2012
As expert Mr.Makkad saheb rightly pointed out, Public Limited Company is not under RTI Act. If unknowingly, you apply for information under RTI the reasons quoted gives a doubt this specific company covers under RTI Act. First the author should get himself clarified about the status of the company where from he is seeking the information and whether it comes under RTI Act or not. Then only the question of first/second appeal and its procedure etc., is required. Normally the reply itself the company gives the address of the first appellate authority to whom you have to apply. There is no separate form, you can request on a plain paper seeking the information quoting the denial of the company for such information if it really comes under RTI Act.
