Rti

 

(Querist)
25 October 2019

I had asked for a certified copy of information, under the RTI ACT 2005 regarding third party. But the reply excepted by the concerned PIO is from an another person, who has objected to my giving Information by the PIO. is this act of the PIO legal in RTI law. Query is can any Tom, Dick, Harry reply on any one's behalf. note. this is serious question, no further facts to state. kindly help.


Adv Deepak Joshi +91701782151 (Expert)
25 October 2019

File Appeal to first appellate authority.

munshilal (Querist)
25 October 2019

sir what is your verdict?

K Rajasekharan (Expert)
25 October 2019

Let me answer the question as I understood it, despite there is some sentence construction problem in the query.

When a person applies for a piece of information from a public authority under RTI Act by filing an application to the State Public Information Officer (SPIO) of the public authority following due procedure prescribed under the act, the applicant must be provided with the information (or otherwise) under the signature of the information officer and the office seal if the public authority holds that piece of information.

No other person can sign the reply carrying the information, even if it is pertaining to a third party. If so that is not a reply under the RTI.

munshilal (Querist)
25 October 2019

for the sake of mr. raja I referaise my query. instead of the third, party (A) another person (B) has answered & the PIO has excepted the reply & forwarded to the Applicant. is this legal as per Rti norms? if so under which section of THE RTI ACT.
.

Dhingra: 1962dcg@gmail.com (Expert)
Click to Talk
26 October 2019

Dear Munshi Lal,

PIO is simply a coordinating authority between the information seeker and the information provider officer of the concerned unit possessing the information. So, the PIO provided you what the concerned officer had supplied to him. He can't add or reduce anything at his own.

However, if the refusal to provide the needed information by the concerned officer, but is permissible under the Act, the remedy lies in filing an appeal to the Appellate Authority and then to the CIC.

So, instead of wasting time in seeking for the contradictory opinions of the experts (with partial or no awareness about the organizational arrangements), better go for the channels provided by the Act in a bid to get the desired information, as per the provisions of the RTI Act.

Moreover, any expert at this site does not have any authority to give any verdict, as you asked. So asking for the verdict of any expert on your issue is irrelevant to get more confused on your problem.



Hemant Agarwal (Expert)
26 October 2019

BEWARE OF THIS QUERIEST "munshilal".
He has a chronic habit of abusing & ridiculing the Experts on this Forum.
Look up all his queries and counter-check.

munshilal (Querist)
26 October 2019

WHO IS THIS JOKER CALLING HIMSELF A EXPERT.(HEMAT AGARWAL) . HE IS NO LESS BEHAVING LIKE A BAFOON while Thanking the other experts for their advice.

munshilal (Querist)
26 October 2019

Mr. Dhingra very well said. appreciate your observations pertaining what is said. I take your advice and follow the RTI process to get my answer

Dhingra: 1962dcg@gmail.com (Expert)
Click to Talk
26 October 2019

You are welcome please.

P. Venu (Expert)
26 October 2019

Who is this third person? If another another functionary in the "Public Authority". the PIO should have examined and decided the issue before informing the applicant. In other words, the PIO cannot be a mere post office; he himself should apply his mind in deciding whether the information sought is exempted from disclosure.

This aspect could be highlighted in the First Appeal.

munshilal (Querist)
26 October 2019

p. venue. unfortunately what you are highlighting is no eighth wonder of the world, happy Diwali.

Dhingra: 1962dcg@gmail.com (Expert)
Click to Talk
26 October 2019

In other words, as per the perception of the expert, if the information is in the custody of a Secretary, Additional Secretary, or Deputy Secretary of the Department, and the PIO happens to be a Group B Officer, he should consider himself to be competent to examine and decide about validity of the information supplied by his several ranks senior officers or can compel them to change the information supplied by them!

IF THAT SO, I would feel obliged and enhance my knowledge, if he is pleased to provide reference of any such delegation of authority/power to the PIO to supervise the work of his superiors.


Dr J C Vashista (Expert)
27 October 2019

I fully agree with expert advise of Mr. Dhingra and Mr. P Venu.
Public Information Officer or State Public Information Officer (receiving and registering applicaiton u/s 6 of the RTI Act, 2005) shall have to forward the application to concerned department/ officer to provide requisite information to the applicant. S/he has no authority/ ifnormation/ knowledge to decide whether the information is barred u/s 8 or 9 of the Right to Information Act, 2005.
However, if the author desire obligation of experts he has (no option) to restrain himself from use of language as responded to Mr. Hemant Agarwal, a Senior and respectable Expert of this platform, I strongly object and condemn such behaviour.

K Rajasekharan (Expert)
27 October 2019

Let me add a reply based on the original query and the rephrased one on 25th itself.

The act of forwarding the objection of the fourth party (B) by the PIO to the information seeker is not perfectly lawful as per the RTI.

This is mainly because the third party (A) is the only person who can object to giving information because it is a piece of information he is concerned with and it has to be decided in view of the evolving nature of the law of privacy in the country. This decision is a tough task for any PIO as privacy has a new meaning since it is declared a fundamental right.

Even if the third party objects to, it is the duty of the PIO to accept or reject the objection and to provide or not to provide the information. It is at this juncture where the role of PIO comes into play. He must apply his mind while deciding whether to provide or not.

The PIO, as Mr P Venu rightly says, is not a mere post office while taking this pertinent decision. The only thing he must consider at this decision making point is whether the information sought by the applicant is of public importance or not.


N.J.S.Rajkumar alias narasimha (Expert)
27 October 2019

Any Third Party Information Or Personal Information which do not have any Public Interest will not be issued under RTI with out
Court Orders Or Directions for eg Bank Details etc

N.J.S.Rajkumar alias narasimha (Expert)
27 October 2019

Meaning of " Third Party " should be understood

N.J.S.Rajkumar alias narasimha (Expert)
27 October 2019

When any Such Information which is not entitled to be disclosed under RTI would be treated as Third Party Information

N.J.S.Rajkumar alias narasimha (Expert)
27 October 2019

Only Court Orders Or the Court Direction would entitle to relieve such information and filing an Appeal will not serve the purpose

N.J.S.Rajkumar alias narasimha (Expert)
27 October 2019

Public Information Officers dealing in RTI are also fully equipped with Legal Guidance , Legal Knowledge and Procedures regarding the same

munshilal (Querist)
27 October 2019

my dear Mr. Raja kumar. thanks for the definition of third party & duties of the PIO. the fact of the matter is information asked was of Ram, who is the third party in question, but the smart PIO instead excepted reply from Sita, stating she objects to the information to be given to the RTI applicant, & on that basis the PIO cited third party clause & reffered back to the Applicant. saying can not desclose the information.
Question Is this action of the PIO excepted & correct. please advice...

N.J.S.Rajkumar alias narasimha (Expert)
27 October 2019

Already I had stated the PIOs are also well equipped with Legal Guidelines and Legal Knowledge please

N.J.S.Rajkumar alias narasimha (Expert)
27 October 2019

Unless and until there are solid Legal Grounds they will not simply reject any RTI Application please

munshilal (Querist)
27 October 2019

thanks for nothing, you can't even understand the question put to you, I have on record that Mr. X. has answered instead of Mr. Y.you are talking foolishly of the legal issues, what are the legal issues. let others also know how much you understand RTI & English. a reply is eagerly awaited.. by one & all.

KISHAN DUTT RETD JUDGE (Expert)
28 October 2019

Dear Sir,
If you have any grievance on such information which is not furnished to you then you can prefer appeal. Because it cannot be rejected by PIO if you really deserves for it.

Hemant Agarwal (Expert)
28 October 2019

BEWARE OF THIS QUERIEST "munshilal"
He has a chronic habit of abusing & ridiculing the Experts on this Forum.
Look up all his queries and counter-check.

Dhingra: 1962dcg@gmail.com (Expert)
Click to Talk
28 October 2019

In fact, what is not appealing even to a layman or if an expert does not have appropriate knowledge about the subject matter that should be avoided to be posted by any expert in his own interest instead of abusing the querist, if happens to question the relevance of the response. Any or multiples of of posts made made by any expert just to add scores to his credit can never justify his expertise in any way. Please excuse me, if sentiments of any expert are hurt by this post.

.

munshilal (Querist)
28 October 2019

all normal human beings keep distance from one Indian baniya homosexual namely hemant agarwal...

munshilal (Querist)
28 October 2019

Mr. Dhingra, belated season greetings..

Dhingra: 1962dcg@gmail.com (Expert)
Click to Talk
28 October 2019

Thanks for your greetings please.

N.J.S.Rajkumar alias narasimha (Expert)
30 October 2019

LCI--- Admin Please Watch this Thread

Hemant Agarwal (Expert)
30 October 2019

N.J.S.Rajkumar alias narasimha (expert)

Kindly recall the way you were supporting this nefarious addict "munshilal", who has this chronic habit of abusing & ridiculing the Experts on this Forum. NOW THIS TIME HE GOT YOU.

BTW: A certain notorious & sadist expert is behind all this who creates multiple ID's and heaps praise on to himself .... guess who if you can !!!! This "munshilal" is another of the fake ID, by this notorious sadistic expert.

N.J.S.Rajkumar alias narasimha (Expert)
31 October 2019

Yes . That is my mistake I took him as innocent

N.J.S.Rajkumar alias narasimha (Expert)
31 October 2019

The another person who is not an Expert Or an Advocate was dismissed twice here and because of his sickness and bad health I made him to come back ( Check on the List Please )

N.J.S.Rajkumar alias narasimha (Expert)
31 October 2019

Obviously it is nothing but my Mistake

N.J.S.Rajkumar alias narasimha (Expert)
31 October 2019

No Doubt that I could Easily Hit Back but still I maintain silence only to maintain the Decorum of the forum. They will had it when i am Provoked

N.J.S.Rajkumar alias narasimha (Expert)
31 October 2019

Before they could post the next comment let munshilal come out with his genuine address name email and contact details

N.J.S.Rajkumar alias narasimha (Expert)
31 October 2019

The sadist's phone number had been traced --7010674161

munshilal (Querist)
02 November 2019

dear rajkumar,, know all men by these presents, Aggarwal your well wisher, is a blood SUCKER money wise, world wide known.



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