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Krishna (na)     15 June 2012

Legal notice - rti matter - pls respond

Hi Experts,


My brother have a marital dispute. Her wife filed false dowry harrasment case agains us. My Brother FIL working in Central Government and claimed that he had spent Rs. 15lac in her daughter marriage.

My Brother filed an RTI application to his deptt for take action and suspend him for giving dowry and admitting himself for the violation of CCA rule 1965. Today we got a letter with Heading Legal Notice directly from his Lawyer (not from court) that

1. Departt of FIL had sent a letter to us but we have not received any letter direcly from his office.

2. That my Brother cannot take a personal information of a person without his/her consent.

3. That the RTI's filed my brother will not help him to prove his innocence in court of law.

4. That my brother have no right to file an RTI application directly to his FIL office.

5. That with help of RTI my brother delbirately and intentionally disturbing his client (FIL).
 

In prayer he mentioned with some harsh words that if my brother will not stop marking RTI in next 15days he will take legal action against on us.

As far as my knowledge is concern a citizen have a full right to file an RTI application. Since FIL is a public servant and claimed to spent such huge amount we had approached his Deptt that he is not an income tax payee and violate the code of conduct of CCS rule.

All of us are on regular bail and charegs yet not frame.   Can we send a direct reply to FIL advocate that since my brother is a citizen of India he have a full right to file an RTI  application and he is not a competent person or authortity to send such notices directly to us without taking considertaion of court and giving indirectly threats to us.

Pls Respond.



Learning

 7 Replies

Shiv Kumar Sharma (Lerner)     16 June 2012

Dear Krishna

An application under RTI act , to provide informations is for "Public Information Officer' of the department and only he is authrized to respond against any querry made under said act.

Any other persion / Lawyer responding on such querry is illegal. You should make a complaint of such lawyer to "Bar Council" for making a threat to not to awail the rights you have under RTI act.

Shiv Kumar Sharma (Lerner)     16 June 2012

Dear Krishna

An application under RTI act , to provide informations is for "Public Information Officer' of the department and only he is authrized to respond against any querry made under said act.

Any other persion / Lawyer responding on such querry is illegal. You should make a complaint of such lawyer to "Bar Council" for making a threat to not to awail the rights you have under RTI act.

A1981 (abc)     18 June 2012

Hi, 

According to me, You just attach the notice and make complain to State Commission and FAA, stating threat to withdraw the RTI. and ask SIT whether you are bound to answer this legel notice or not under RTI ACT?

 

1. Who is he to tell waht rights you have

2. How he will decide, whether it will benifit in case or not.

Keep that notice and put that infront of your siting judge through lawyer, Figure out some way to make him answerable to the legal notice.

He must be Chola chap lawyer.

Krishna (na)     18 June 2012

Hi,

Yes he is a Jhola chaap lawyer.

ravindra (Analyst)     19 June 2012

Hi Krishna

U just file complaint in near policestaion for threthening not to file RTI against FIL and others. Or u can file private complaint to CJM for threthening to withdrow RTI.

 

Thanks

Ravindra Sonavane

Krishna (na)     19 June 2012

Thanks Ravindra,

Can you pls help me with the format for sending complaint to CJM.

Thx.

ravindra (Analyst)     20 June 2012

Hi Krishna

U can right as simple as your complaint

Thanks

Ravindra sonavane


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