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Akash Mandal   05 May 2024

Pio denied for providing info under rti section 8(1)(g)

Good evening seniors,

I had filed RTI to PIO regarding preparation of DIR under Domestic Violence Act.

They denied to provide information under section 8(1)(g) and third party information.As wife gave a written application to PIO not to provide the information because it will harmful for her life.

As DV case dismissed on default after 2.5years.

After denial of PIO, I approached to First Appellate Authority regarding the denial of information.

Kindly guide me how to present infornt of FAA and defend the denial clauses given by PIO.if it possible kindly share judgment for strong references

Thank you.


 6 Replies

Dr. J C Vashista (Advocate )     06 May 2024

Detailed information report filed by Protection Officer is investigation report for consideration and use by concerned Magistrate  no, even respondent(s) can have access / copy and not a public document, which may be provided to RTI applicant.

Besides this, being a third party (since you are not respondent in the complaint filed by aggrieved person) you are ineligible to get copy of DIR.

Moreover, the case is stated to have been dismissed for non-prosecution, what is your purpose / intention to procure copy of DIR ?

1 Like

Akash Mandal   06 May 2024

Thank you sir for your reply.

I am also the party of above case.

In one RTI reply PIO replied that they prepared the DIR on the basis of verbal statement of my wife.

Can I know it is justified DIR without investigation.If No then it should to be stop this wrong practice.

T. Kalaiselvan, Advocate (Advocate)     06 May 2024

The DIR prepared by the protection officer was stated to have been done on the basis of the verbal statement of the complainant.

This could have been challenged in the trial proceedings by cross examining the PO in the court.

The PIO has given the reply to your query submitted under the provisions of RTI Act, now you have to proceed through court alone to get your grievances redressed if at all you are aggrieved by that.

However since the matter has been disposed by the court concerned, there are no posibilities for you to even challenge the report submitted by the PO. 

Therefore since this is a matter of trial and do not deserve any opinion outside court, you can get the relief to this only through court. 

1 Like

P. Venu (Advocate)     06 May 2024

If you are a party to the proceedings, certified copy of the concerned document could be obtained from the Court.

1 Like

Dr. J C Vashista (Advocate )     10 May 2024

The party may apply and obtain certified copy of required document(s), however, it will not be provided to third party.

1 Like

Sudhir Kumar, Advocate (Advocate)     12 May 2024

There is no specific format of applicantion before FAA.

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