Rti act
Vaseem Mustafa
(Querist) 02 September 2013
This query is : Resolved
My ex-father in law has sought some information of me through RTI from my department.
My query is can he seek this information as i have divorced his daughter in November 2009
Application for information under the Provisions of Jammu & Kashmir Right to Information Act 2009.
1. Designation: My Top most Boss in Departmemt
2. Name & address of Information seeker:-
Name: My Ex-father in law
3. Information sought:
a. Photostat copy of service book of .
b. Photostat of employees personal Departmental file of from date of joining till date.
d. Photostat of Medical certificate submitted by the official at the time of appointment & verification thereof.
e. Photostat copy of Appointment Order, Date of joining,
f. Photostat copy of verification of Category Certificate, D.O.B, and Qualification certificates after appointment
g. Attested Photostat copy of movement Register of
h. Photostat copy of attendance and duty Roaster Register of
i.Photostat copy of medical certificate submitted by the offcal at the time of appointment & verfication thereof.
k. Salary drawn, bank acc no,GP fund subcription
It is as such requested the same may kindly be provide to the applicant
Can he seek such information please advise me
M.Sheik Mohammed Ali
(Expert) 02 September 2013
RTI act will not allow any person personal information sharing, if asking concern person give consent to give details otherwise not possible.
Vaseem Mustafa
(Querist) 02 September 2013
Sheikh Sir,
Please elaborate,what information out of it are my personal for which my department has to take my consent.
Also if there is any judgement in this regard ,please do kindly share.
Kishor Mehta
(Expert) 02 September 2013
Sir,
Under provisions of Jammu & Kashmir RTI Act, you are protected,as a third party, under sections 7(7) and 11 of the RTI Act.
Your officer can not divulge your personal information without your written permission, you have every right to object to the disclosure. You also have a right to appeal in case of adverse decision of your superior officer.
Good Luck.
Kishor Mehta
Vaseem Mustafa
(Querist) 02 September 2013
Respected Kishor Sahib
"Before taking any decision under sub section (1),the PIO shall take into consideration the representation made by the third party under section 11."
What is meant by THIRD PARTY.
Isaac Gabriel
(Expert) 03 September 2013
The informations sought for fall under "Public documents".It should be given.
Kishor Mehta
(Expert) 03 September 2013
Sir,
Third Party means any individual about whom any information is sought and whose life and/or liberty are affected by the information divulged.
In your case, as your Father-in-Law has requested information about you, you are a third party.
Generally information about a third party under RTI can be divulged if it is ONLY for the PUBLIC GOOD.
Third party information for any individual purposes can not be divulged without the consent of the third party concerned.
Good Luck
Kishor Mehta
Kishor Mehta
(Expert) 03 September 2013
Sir,
Third Party means any individual about whom any information is sought and whose life and/or liberty are affected by the information divulged.
In your case, as your Father-in-Law has requested information about you, you are a third party.
Generally information about a third party under RTI can only be divulged if it for the PUBLIC GOOD.
Third party information for any individual purposes can not be divulged without the consent of the third party concerned.
Good Luck
Kishor Mehta
Vijyant Nigam (09807349001)
(Expert) 03 September 2013
department can provide as the same are public documents until and unless you are employed in army or in such other secret service for the nation.
Raj Kumar Makkad
(Expert) 03 September 2013
No more to add in the given replies.
Kishor Mehta
(Expert) 15 September 2013
Sir/s,
With due respect, I once more repeat that third party information can not be divulged ,under RTI, without the permission of the party concerned. In case if a decision is taken to divulge such information, the third party concerned should be given an opportunity for an Appeal and must be heard by the Authorities before taking any adverse decision.
Third party information can be divulged, without the permission of the party concerned ONLY IF THE PURPOSE IS FOR THE PUBLIC GOOD AND THIS IS PROVED BEYOND ALL REASONABLE DOUBTS.
Good Luck.
Kishor Mehta
Isaac Gabriel
(Expert) 15 September 2013
Item 3 a to k are held as public documents of the public servant and could be given under RTI without consent of teh individual concerned.
Kishor Mehta
(Expert) 15 September 2013
Sir/s,
With due respect, I write to request the fellow experts to refer:
Sections 8(d), 11, 11(1), 11(3), 11(4), 16(2), & 16(5) of The Jammu and Kashmir Right To Information Act 2009.
These are very explicit about the rights and remedies of a third party under RTI.
Good Luck
Kishor Mehta
