Rti 11(1)
hemantha
(Querist) 16 August 2013
This query is : Resolved
cpio issues notices to me under 11(1) where iam working defense psu, wife is seeking pay slip of me , cpio given 5days time to reply ?
in meantime 5days, next day family court granted divorce on cruelty and desertion. where wife is state govt employee tried to get maintenance in various courts but failed by application was dismissed, even high court of Karnataka also dismsised stating being state govt employee she can maintain herself and she is not suppressed facts being govt employee and not approached with clean hands.
pl help how to reply? where i already suffered lot by wife behavior where she filed 498a and get acquitted,but not silent prefer herself in session court and got acquitted, dv act filed -dismissed, in dv filed maintenance dismissed, appeal in session -dismissed, in high court prefer appeal -dismissed, lastly in family court here also dismissed.
Nadeem Qureshi
(Expert) 17 August 2013
Dear Querist
read sub section 11 (20 of RTI
11. Third party information.-
(1) Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information: Provided that except in the case of trade or commercial secrets protected by law, disclosure may be allowed if the public interest in disclosure outweighs in importance any possible harm or injury to the interests of such third party.
(2) Where a notice is served by the Central Public Information Officer or State Public Information Officer, as the case may be, under sub- section (1) to a third party in respect of any information or record or part thereof, the third party shall, within ten days from the date of receipt of such notice, be given the opportunity to make representation against the proposed disclosure.
(3) Notwithstanding anything contained in section 7, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within forty days after receipt of the request under section 6, if the third party has been given an opportunity to make representation under sub- section (2), make a decision as to whether or not to disclose the information or record or part thereof and give in writing the notice of his decision to the third party.
(4) A notice given under sub- section (3) shall include a statement that the third party to whom the notice is given is entitled to prefer an appeal under section 19 against the decision.
P. Venu
(Expert) 17 August 2013
Information about pay is not covered by Section 11.
M V Gupta
(Expert) 17 August 2013
Dear Mr. Hemantha, u may consider objecting to the disclosure of any details of ur pay on the ground that it is purely personal and disclosure would adversely affect ur interests vis a vis the the applicant (ur wife in the instant case) who has been harassing u by resorting to vexatious litigation against u. In this connection u may rely on the provisions of Section 8(1)(j) of the RTI Act which exempts personal information of third party having no relationship to public interest from being provided to the applicant.
mahendrakumar
(Expert) 18 August 2013
I am having similar opinion of Mr.Gupta,since disclosing this pay details have no larger public interest involved.
prabhakar singh
(Expert) 18 August 2013
Agree with opinion of Mr.Gupta and Mr.mahendrakumar
P. Venu
(Expert) 18 August 2013
The Central Information Commission has held that information regarding the salary particulars of an employee are suo moto disclosable under Section 4 of the Act. Hence salary particulars of a public servant cannot be termed as personal information. However, information about deductions, including Income Tax paid, are exempt.
M V Gupta
(Expert) 19 August 2013
Dear Mr. Venu, pl enlighten us on the decision with citation.
hemantha
(Querist) 19 August 2013
i have repled to pio that stating that the husband and wife does not exist as per court order it becomes thrid party but i also put case no and judgement details but he is asking judgement copy i replied orally i applied certified copies it takes time, after listeing pio inform me he will send reply copy to the applicant and he will wait for reply from the applicant still that time i will disclose the information
P. Venu
(Expert) 21 August 2013
Decisions relied on my earlier posting could be accessed on the website of CIC. Decisions dated 12/4/2013, 14/9/2012 & 12/1/2011 lays down the ratio.
M V Gupta
(Expert) 22 August 2013
Dear Mr. Venu, Shall be glad if u could furnish the appeal Number/parties names of the decisions referred by you. In the absence of these details I find it difficult and time consuming to see the decisions. Incidentally Section 4 of the RTI Act requires the public authorities to publish various items of information listed in the section. Item (x) requires publication of the monthly remuneration received by each of its Officers and employees, which appears to be without details as mentioned in ur posting above. As such the view taken by me in my earlier posting that the querist may file his objection not give the details to the applicant may have to be understood in the light of the section 4(x) of the Act.
