Upgrad LLM

can i challenge rti act issues in district court


I ask salary certificate of my wife , who is working as nurse in govt hospital and also through another rti application i asked particular period of attendence register xcopies with courter sign of superindent.(who is working as staff nurses in total... i asked in that hospital through rti). i am facing maintainance case by my wife.so that the public information officer and my first appellate both are supporting my wife by not giving information what i asked.. and they prolonged the time... to give the response. it is 10 months gone.can i challenge the both in district court for denial of information.
 
Reply   
 
CEO

While you cannot get third party information under RTI, if you can convince the court, it may pass an order to the employer of your wife to divulge the information.
 
Reply   
 


Retired employee.

1. Sec.23  Bar of Jurisdiction of Courts:"No court shall entertain any suit, application or other proceeding in respect of any order made under this Act and no such order shall be called in question, otherwise  than by way of appeal under this Act."

2. There are no exemptions in RTI Act for larger public interest matters, and in maintainance matters, it was ruled that spouses.  can seek the same information from the process of the court.  Some authorities provided such information and based on that information, several courts refused maintenance to wife, as she is having more income than her husband.  In some cases court has sought same information through affidavit, and in some cases husbands has stated facts and filed applications for such documentary evidence.

Copy of attendance certificate, list of employees working on a particular day are not supposed to be personal information.

It is not that the doors are permanently closed for this information.

 
Reply   
 
Advocate

When the matter is in the court, you can seek production of those documents through an IA.

 
Reply   
 

Sir It is not known why have not filled first appeal and then 2bd appeal with sic
 
Reply   
 

Shanmugam sir, i appeal first appeal and also second appeal to first appellate .... on second appeal the first appellate grant that direct the first info. officer give information what i asked... but first info. officer giving support to my wife .... then asking her a letter... that not to give any of her info. to her husband(me). so they didnt giving any of details regarding her letter... but my point is as CIC rule not to get personal information... but asking salary details by spouse is not wrong.. if he asks her wife spendings, loans, payments,her address is wrong... y dont i ask her salary details as per that( as her husband)... i have right to ask as public interest .. attedence details of hospital.. here im third party..actually i made two applications through rti ..... one is asking attendence details ..and other application rti asking my wife salary details..both applications having 1year difference ....
 
Reply   
 
Retired employee.

The second appeal has to be filed to Central Information Commission, Munrika, New Delhi within 90 days of FAA orders.  Seeking comments and obtaining such comment is just a formal and final discretion is to PIO.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

CrPC MASTERCLASS!     |    x