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RTI Act, 2005

(Querist) 17 February 2010 This query is : Resolved 
Respected Sir,

An applicant has requested to CPIO & Income Tax Officer regarding information of movable & immovable property of the ITO under the RTI.

At this juncture, I would like to ask that can CPIO reject application taking benefit of exemption provided U/s.8(1)(j) of the RTI?

If yes, then please kindly provide judgement of Central Information Commission on this issue which in favour of the applicant.

Anticipating your kind advise in this regard
Raj Kumar Makkad (Expert) 17 February 2010
There is no such judgment in favour of applicant which could make him entitled to obtain the personal type information of third party.
Binod Kumar Mishra (Expert) 17 February 2010
you can not ask third party status. but please write your query in details so that you may get some specific opinion.
Parveen Kr. Aggarwal (Expert) 18 February 2010
"8. (1) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen,

(j) information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information:
Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person."

The information regarding movable and immovable property of an ITO cannot be said to be personal information the disclosure of which has no relationship to any public activity or interest because being a public servant, an ITO is bound to disclose information about his properties to his employer-the Govt. under his service rules, and the information which forms part of a government record cannot be termed as personal information. The proviso to the provision makes it evident that the information cannot be denied.
Dr.Anjani Kumar Vaidyasen,09431271130,Patna (Expert) 23 February 2010
Praveen is right.It is provided in the RTI Act,2005 that only relevent information of the case can be obtained by the law.


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