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amrit kumar (job)     24 January 2017

attendance detail via RTI

I want to kw the attendance detail of my wife who is working in Govt dept. Can i get the same if i file RTI???


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 3 Replies

Dr. Atul [9013898936] (Lawyer, Scholar)     24 January 2017

Well, I looked around in high hopes from the Central Information Commission, only to end up with disgust!  Looks like the CIC has also taken up cudgels to champion the cause of the 'oppressed weaker s*x'. So while its fair game to seek income details of a husband, the Commission has not been so forthcoming when it comes to disclosure of information relating to the wife. I can write volumes on the unfairness of this, but it'd serve no purpose; the law and its consistent interpretation being what it is. And this ain't the platform to vent my personal feelings anyways.

Here's the overview for your purposes, Querist. 
The Commission has more than once applied these tests to disclosure of information pertaining to wife:
1. Whether the information has already been disclosed by a public authority in terms of a voluntary disclosure or, whether the information is such as to be amenable to a voluntary disclosure;
2. Whether the information sought has any relation to public activity of the person concerned and would it lead to transparency and accountablity in the public functioning of such person;
3. Whether any public interest or public purpose shall be served by such disclosure.

In Om Prakash v. Delhi Transport Corporation, the CIC directed supply of photocopy of the attendance register and educational qualifications of a DTC employee to an information seeker. There is no mention of any spousal relationship, though the person to whom information related was a lady, so who knows (!)

In Dheeraj Kapoor v. Directorate of Health Services, while the CIC rejected the husband's demand for personal information pertaining to deductions, tax returns, exemptions in respect of the wife, though the Commission did not make any adverse observation on disclosure of salay and pay scale:

----

Dheeraj Kapoor v. Directorate of Health Services

...

"Central Information Commission in number of its decisions has not allowed disclosure of income tax returns, PAN numbers, details filed for tax determination, bank accounts, source of funds, partnership details, plan to run dealership etc.  However any activity of a public servant in his official capacity has to be disclosed. Service matters like appointment, suspension, revocation of suspension, postings, calculation of pension, details of leave, tour, etc were allowed to be disclosed.

...

The Commission holds that the information about the salay and pay scale would serve the interest and purpose of maintenance rights of the spouses."

----

But application for information should be moderate. For instance, if you see this decision on the appeal in Alok Sharma v. BSNL, you'll find that the husband had really gone berserk seeking all odds and ends of information about his wife. And the husband's submissions (as recorded in the decision) appear vindictive on the face of it. He has sought complete service record, medical report, confidential reports, attendance/muster sheet, identity card, income tax returns, reports about her physical, mental and psychological status and God knows what not; such manic application was bound to be rejected. Now, in my opinion, had the husband filed an RTI judiciously, instead of the haphazard manner that he did, he might have secured some information. But by making the RTI application in the manner that he did, even his reasonable demands for information got drowned in the unreasonable demands (that's strictly my personal view). 

Considering these, what I suggest is this: carefully think out and prepare a list of all the information about your wife that you think the public authority may have in its possession. From these, select those bits of information which might have been allowed to general public, disregarding the concerns of privacy, had a member of general public (and not the husband) sought the same. I think, records relating to salary (only the salary, not other allowances, deductions, expenses, loans or taxes), attendance and leave might be allowed, generally. When you have prepared these 'safe' questions, file an RTI. Separate the 'unsafe' questions which may really get the PIO in a twist of conscience and maybe file one or two separate RTI Applications for these (but DO NOT file too many applications and in any case not more than two-three in all, as that will (rightly or wrongly) create the impression of vindictiveness and invasion of privacy).

Mukesh sharma (job )     25 January 2017

Hi Amrit yes you can you ask question through RTI and even if gov or private department they are bound to reply your RTI answer 

but here one thing matter your information which you want to get not private and confidational  if your inforamtion came under same than you could not get this 

 

Sunny Dhurwey   19 January 2024

My wife works at a private company/venture. Can i get my wifes attendance records under RTI or directly. Whats the legal manner to obtain?


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