deepak jain 13 October 2019

RTI second appeal need to file

i want ITR return for my wife but in first appeal CPIO has rejected the application on the basis of personal information can disclose and only husband ITR can disclose to wife as she is woman.

wife has already file application not to
disclose my personal information to my husband

Can any body suggest how to file second appeal and contain and important judgement

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8 Replies

G.L.N. Prasad (Retired employee.) 14 October 2019

If she is still a wife and legally wedded to you, provide a copy of the marriage certificate and seek such information as Hindu tradition recognize a husband and wife as one. However, if there are certain separate proceedings are going, you can not seek such information, and can get the information only through the process of court as per CIC decision.

Now as the process is going on, you can complete two other steps of First Appeal to Appellate Authority of ITO (Addl.Commissioner) and even escalate it to second appeal before CIC.

In general even a wife is concerned as third party, and her financial affairs as per RTI was treated as personal information in earlier CIC decisions and CPIO is proper in denying information and invoking of third party clause by seeking comments from your wife. At the same time the final decision is with CPIO, even when wife files objections.

deepak jain 14 October 2019

can you help me what matter need to write in second appeal also share any judgement of CIC or court should be attached with appeal copy wherein court written wife detail has share with husband

G.L.N. Prasad (Retired employee.) 14 October 2019

You can not directly go to the second appeal to CIC and you have to file a mandatory first appeal before Appellate Authority stating the grounds and they may even call you for personal hearing and may insist to bring a NOC from your wife if it is within the family. First, go for first appeal and if not satisfied with FAA orders you have to make the second appeal.

In India getting such information other than RTI are many though not official.

deepak jain 14 October 2019

sir I have already file first appeal they had denied to provide personal information also they have told that as per law we can provide ITR details to women for husband details as woman come under weaker section in India. plz suggest what to write in second appeal also provide me court or CIC judgment. plz help me

G.L.N. Prasad (Retired employee.) 14 October 2019

As already informed in my reply, though following Third-party objections is not binding on PIO, and in case of victims of 498 (Women) as crimes are not in larger public interest, ITO provides information of husband to wives. (Sorry, that may be FAA presumption, but there is no such weak status and every citizen is entitled to information)

There are no exemptions for providing information for issues related to larger public interest. The Specific exemptions were stated in Sec. 8 (1) and PIO has to mention such subsection and offer justification as to how that subsection was applied for denying information.

Though there is no such stipulation to demand applicant reasons for providing information, the reasons do play a role if they are strong and there is larger public interest under RTI.

Please search the CIC website for the format for the second appeal and procedure for filing and remember that you may get such negative (or positive on strength of your need) only after 2 years and after a personal hearing.