Rti about wife salary in her company
mahesh
(Querist) 21 December 2015
This query is : Resolved
my wife is filed false dvc and maintenance case. she is asking for maintenance of rs 30,000 against medical expenses. i'm not sure about her medical condition. she is earning 25,000 per month. we have asked her recent pay drawn particulars she didn't submit to the court and she is stating that her company can't provide her salary particulars. my question is can we use RTI to ask the company HR about her salary or can we ask her bank statement to which her salary is been credited to? also she has LIC life policy which also cover her health can we ask her to show the details in order to pay her maintenance. please help me!. Thanks!
Advocate M.Bhadra
(Expert) 21 December 2015
Private organization are not covered under RTI Act. You can file a petition in the court for direction upon the servicing company of your wife to provide salary details and send certified copy of order to the employed company.
Advocate. Arunagiri
(Expert) 21 December 2015
You can ask the wife to file an affidavit regarding her salary. Or you can call the company as a witness.
Rajendra K Goyal
(Expert) 21 December 2015
You can call the company and Bank as witness. Private concerns are not covered by RTI.
K.S.Srinivas
(Expert) 26 December 2015
Private Entities are covered under section 2(f) of the RTI Act 2005.
As per Section 2 (f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force;
Also Section 8 (j) is relevant here which provides that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.
To summarize the argument / point of view:
Private Entities are covered under Section 2 (f) of the Act.
With reference to Section 8 (j)of the Act, one can reasonably infer and conclude that: Provided that the information which cannot be denied to the Public Authority with which the Private Entity is registered shall not be denied to any person.
Silicon India News:
Private firms not exempted under Right to Information Act
By Sriparna | Tuesday, 27 February 2007, 10:30 IST |
New Delhi: India's private sector companies are no more exempted by the Right to information act. M.M. Ansari, information commissioner at the Central Information Commission that oversees the implementation of the Right to Information (RTI) Act, 2005, told a national daily that as long as these companies reported to a regulator or a government department, they were within the purview of the law.
The commission said the companies would not have to appoint information officers to deal with right-to-information demands the way government entities do. Applicants will route their requests through the relevant agency.
He said that information on telecom companies such as Bharti Airtel, the largest mobile telephony firm, could be accessed through the Telecom Regulatory Authority of India; for banks through the Reserve Bank of India; and on brokerages and foreign investors active in stock markets from the Securities and Exchange Board of India.
"Applicants have every right to seek information on a private company even though it is in the private sector, if it reports to a government body," said Ansari, citing sections of the Act that made this possible.
Only applications that served public interest would be dealt with, not those that sought to erode a company's competitive position, he adds. The message: you can ask a cola company for details on how much water it used and where the water came from, but not the formula of its fizzy drink. If there is any difference of opinion on what constitutes public interest and what doesn't, the commission will intercede and decide.
In view of the above, you can ask information from the private company also.
Advocate. Arunagiri
(Expert) 26 December 2015
Private companies are not covered by the RTI.
If you want to get any information of a private company, you have to file RTI application to the Registrar of Companies (ROC), who is holding the records of the company. On receipt of the RTI application, the ROC will call for information from the company and will give information to the RTI applicant.
Like wise if you want to get any info from any private body, you have file RTI application to the Govt body, to whom these private bodies are filing reports.
Directly you can not get any RTI information from a private company /organisation.
SAINATH DEVALLA
(Expert) 27 December 2015
What is the illness that she is going through,if it is a serious ailment that started during UR marital life then the court may direct U to pay atleast a part of that.
Only the court can order for the income particulars of UR wife and UR lawyer has to press for it.I am not going through the RTI aspect.
