Querist :
Anonymous
(Querist) 22 August 2011
This query is : Resolved
Hi Experts,
The community certificate details and the movable & immovable assests of a "BSNL Executive Engineer(EE)" were asked through the RTI Act to know the whether the community/caste information given by the EE is authentic.
But the BSNL department has replied saying that the EE is not consenting to provide these informations. They have highlighted the Act # 8(1) Exemptions from Disclosure section and denied the information. Is this valid? Can they deny the information?
Advocate. Arunagiri
(Expert) 22 August 2011
They can not refuse to give community certificate copy.
Querist :
Anonymous
(Querist) 23 August 2011
What is the next step? Go for an appeal??
Is it possible that a person can refuse giving the details? It was addressed to the BSNL department and the concerened individual is refusing to give. Isnt it the BSNL deparment needs to give the information?
M/s. Y-not legal services
(Expert) 28 August 2011
Am little oppose from mr.arunagiri. Since the appellant is an individual, you not allowed to ask any information about one another's personal details. The information officer's denial is correct one.
I am giving two decisions of the CIC which directs the PIO to give educational certificates and other certificates of third parties.
More over, if the information sought is in the public interest, the shield given to the individual goes out. But, the petitioner has to prove the public interest.
RTI Act gives exemptions and exceptions.
I myself got information of individuals from the IT department showing the public interest.
Advocate. Arunagiri
(Expert) 28 August 2011
I am enclosing the case laws as informed.
Trouble Logging in? Try following the given steps -
1. Visit your inbox to find a confirmation mail from LAWyersClubIndia.
2. Click on the confirmation link and confirm your signup