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Vikram Kumar Saathiri (Government Servant)     18 May 2019

Appeal under rti act, 2005

Sir/Madam,

It is informed that an activist has made an application under RTI Act, 2005 seeking the certified/attested list of Food Security Cardholders by mentioning their names, FSC numbers, income declaration details. profession details etc., In turn, the applicant has been informed that the details the Food Security Cardholders are available on departmental website and can go through the same.  However, the applicant was not satisfied with the reply and filed an appeal before the Appellate Authority, citing the Orders Passed in Appeal No. 10608/CIC/2010 dated 31/08/2012 and has state that PIO cannot ask applicant to download the information from the website and PIO in this case, has been directed to provide the information in the shaope of hardcopy free of cost to the applicant.

In this regard, it is requested to advise on the following.

1) is it wrong to advise the applicant to download the details of Food Security Cardholders from the Government Official Website.

2) Can we provide the details of income and profession of the Food Security Cardholders without their knowledge. Further, our office do not have the details of income and profession of all the cardholders, as they have been uploaded online and the information is available with NIC.

3) Can we give the Certified/Attested details of the Food Security Cardholders in hardcopy to the applicant.

Please guide



Learning

 7 Replies

Adv Deepak Joshi +917017821512 (Advocate)     18 May 2019

If information is available for general public in web then PIO can ask to download the same.

Adv Deepak Joshi +917017821512 (Advocate)     18 May 2019

moreover personal information cannot be provided unless public interest is fulfilled

Vikram Kumar Saathiri (Government Servant)     19 May 2019

Thank You Sir

Sudhir Kumar, Advocate (Advocate)     10 September 2019

Originally posted by : Vikram Kumar Saathiri
Sir/Madam,

It is informed that an activist has made an application under RTI Act, 2005 seeking the certified/attested list of Food Security Cardholders by mentioning their names, FSC numbers, income declaration details. profession details etc., In turn, the applicant has been informed that the details the Food Security Cardholders are available on departmental website and can go through the same.  However, the applicant was not satisfied with the reply and filed an appeal before the Appellate Authority, citing the Orders Passed in Appeal No. 10608/CIC/2010 dated 31/08/2012 and has state that PIO cannot ask applicant to download the information from the website and PIO in this case, has been directed to provide the information in the shaope of hardcopy free of cost to the applicant.

In this regard, it is requested to advise on the following.

1) is it wrong to advise the applicant to download the details of Food Security Cardholders from the Government Official Website.

2) Can we provide the details of income and profession of the Food Security Cardholders without their knowledge. Further, our office do not have the details of income and profession of all the cardholders, as they have been uploaded online and the information is available with NIC.

3) Can we give the Certified/Attested details of the Food Security Cardholders in hardcopy to the applicant.

Please guide

 

1) is it wrong to advise the applicant to download the details of Food Security Cardholders from the Government Official Website.

No under RTI Act the information HELD BY PUBLIC SERVANT.  The information already put in public domain as suo-motto disclosere (as per obligationo of RTI Act) is no more HELD  by public servant.

 

CPIO is entitled to challenge order of Appellate Authority.

 

Sudhir Kumar, Advocate (Advocate)     10 September 2019

Originally posted by : Vikram Kumar Saathiri
Sir/Madam,

It is informed that an activist has made an application under RTI Act, 2005 seeking the certified/attested list of Food Security Cardholders by mentioning their names, FSC numbers, income declaration details. profession details etc., In turn, the applicant has been informed that the details the Food Security Cardholders are available on departmental website and can go through the same.  However, the applicant was not satisfied with the reply and filed an appeal before the Appellate Authority, citing the Orders Passed in Appeal No. 10608/CIC/2010 dated 31/08/2012 and has state that PIO cannot ask applicant to download the information from the website and PIO in this case, has been directed to provide the information in the shaope of hardcopy free of cost to the applicant.

In this regard, it is requested to advise on the following.

1) is it wrong to advise the applicant to download the details of Food Security Cardholders from the Government Official Website.

2) Can we provide the details of income and profession of the Food Security Cardholders without their knowledge. Further, our office do not have the details of income and profession of all the cardholders, as they have been uploaded online and the information is available with NIC.

3) Can we give the Certified/Attested details of the Food Security Cardholders in hardcopy to the applicant.

Please guide

 

 

2) Can we provide the details of income and profession of the Food Security Cardholders without their knowledge. Further, our office do not have the details of income and profession of all the cardholders, as they have been uploaded online and the information is available with NIC.

 

Normally such information if held by you would be third party information.  Howeveer as per the facts so far revealed by you it can be seen that the information is sought to expose a fraud and a balance of public interest lies in favour of the applicant.

Sudhir Kumar, Advocate (Advocate)     10 September 2019

Originally posted by : Vikram Kumar Saathiri
Sir/Madam,

It is informed that an activist has made an application under RTI Act, 2005 seeking the certified/attested list of Food Security Cardholders by mentioning their names, FSC numbers, income declaration details. profession details etc., In turn, the applicant has been informed that the details the Food Security Cardholders are available on departmental website and can go through the same.  However, the applicant was not satisfied with the reply and filed an appeal before the Appellate Authority, citing the Orders Passed in Appeal No. 10608/CIC/2010 dated 31/08/2012 and has state that PIO cannot ask applicant to download the information from the website and PIO in this case, has been directed to provide the information in the shaope of hardcopy free of cost to the applicant.

In this regard, it is requested to advise on the following.

1) is it wrong to advise the applicant to download the details of Food Security Cardholders from the Government Official Website.

2) Can we provide the details of income and profession of the Food Security Cardholders without their knowledge. Further, our office do not have the details of income and profession of all the cardholders, as they have been uploaded online and the information is available with NIC.

3) Can we give the Certified/Attested details of the Food Security Cardholders in hardcopy to the applicant.

Please guide

 

Further, our office do not have the details of income and profession of all the cardholders, as they have been uploaded online and the information is available with NIC.

 

In that case it would have been legal for you to transfer the application to NIC undeer section 6(3) of RTI Act. Seems you abstained from doing so.

Sudhir Kumar, Advocate (Advocate)     10 September 2019

Originally posted by : Vikram Kumar Saathiri
Sir/Madam,

It is informed that an activist has made an application under RTI Act, 2005 seeking the certified/attested list of Food Security Cardholders by mentioning their names, FSC numbers, income declaration details. profession details etc., In turn, the applicant has been informed that the details the Food Security Cardholders are available on departmental website and can go through the same.  However, the applicant was not satisfied with the reply and filed an appeal before the Appellate Authority, citing the Orders Passed in Appeal No. 10608/CIC/2010 dated 31/08/2012 and has state that PIO cannot ask applicant to download the information from the website and PIO in this case, has been directed to provide the information in the shaope of hardcopy free of cost to the applicant.

In this regard, it is requested to advise on the following.

1) is it wrong to advise the applicant to download the details of Food Security Cardholders from the Government Official Website.

2) Can we provide the details of income and profession of the Food Security Cardholders without their knowledge. Further, our office do not have the details of income and profession of all the cardholders, as they have been uploaded online and the information is available with NIC.

3) Can we give the Certified/Attested details of the Food Security Cardholders in hardcopy to the applicant.

Please guide

 

 

3) Can we give the Certified/Attested details of the Food Security Cardholders in hardcopy to the applicant.

 

You seem to have landed ina situation where you have to give so unless you care able to get the ordered of Ap[pellate Authority reersed by challanging.


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