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smart jain   08 June 2020

RTI against protection officer

can RTI be filled against protection officer and can one sided investigation of protection officer like bills not taken and no proof of injury and no correspondence with police be challenged


Learning

 12 Replies

Dibsha Nanda   09 June 2020

Hello. 

By analyzing your query, I'll like you to know that Protection officers appointed under Section 8 of the Protection of Women from Domestic Violence Act, 2005 by the State Government, are deemed to be public servants as mentioned under Section 30 of the Act. They are "public authority" under Section 2(h) of the RTI Act and hence, RTI can be exercised in order to obtain official information from a protection officer.

However, a distinction must be made between official and personal information, so that right to privacy of a protection officer is not violated.

A Protection officer works under the supervision of the Magistrate(Section 2(i)) exercising jurisdiction in the case but is supposed to forward the copy of the domestic incident report and also the medical examination report to the Police officer under Section 9 of the Act. Also, there are other duties under Section 9 of the Act that a protection officer is required to discharge, failing which he/she shall be punished with imprisonment of either descripttion for a term which may extend to one year, or with fine which may extend to twenty thousand rupees, or with both.  

A complaint against the Protection Officer can be filed with the previous sanction of the State Government or an officer authorized by the Government for this purpose.

I hope this helps!

Regards

Dibsha

smart jain   09 June 2020

very useful mam... but the issue is in my case... only on the basis of written statement of my wife... dir is prepared and no investigation was carried out... how to make protection officer liable for filing report without investigation... no bills of articles given in marriage taken ... no statement of neighbours taken... no medical report on record of dv... etc...
please help with the process as interim maintenance was ordered on the basis of dir ...
let protection officer be hard hit...
2 Like

G.L.N. Prasad (Retired employee.)     09 June 2020

Under the Right to Information Act, a citizen as a right is entitled to seek such a record in material form that is available with Public Authority, if that information is not exempted under Sec.8 (1) of RTI Act.

According to my knowledge, you are questioning the quality of actions of a public servant, which may not be available in material form to be supplied by Public Information officer to you.

The proper course is making a complaint in writing to Supdt of Police specifically pointing out all the violations/malicious investigation/suppression/concealment of facts and requesting him to accept the complaint and investigate the defective investigation.

After one month you can file RTI Application to SPIO, SP office, and seek information on action taken on your complaint.

1 Like

smart jain   09 June 2020

sir... firstly should I become confident of improper malicious investigation done by protection officer by filing rti

G.L.N. Prasad (Retired employee.)     09 June 2020

@Smart Jain:  Please read the reply carefully--RTI is not the first step--RTI is a final step and taking a chance...RTI is not a solution to your problem and it may also spoil some chances, as Police are not kind to RTI and suspects that you are questioning the quality of their actions.  My reply is confined and specific to your query and I can not express my personal opinions.

smart jain   09 June 2020

very rightly said...

P. Venu (Advocate)     09 June 2020

RTI is not against anybody or any authority. It is just for seeking information from public authorities.

smart jain   09 June 2020

in my case... would you suggest filing rti to get investigation details from po..

P. Venu (Advocate)     09 June 2020

The facts posted are insufficient to offer any meaningful suggestion. Moreover, in a pending court case, your advocate has better options.

smart jain   09 June 2020

dir submitted and interim maintenance have been started by court.... this is the stage... now can u suggest

G.L.N. Prasad (Retired employee.)     09 June 2020

As informed by other experts, when you have engaged a professional expert, let him manage the case, and do not get agitated with half knowledge.  Your advocate is the most competent man to judge.

1 Like

Dr J C Vashista (Advocate)     09 June 2020

What is the purpose of seeking information u/s 6 of the RTI Act, 2005 wherein you want to prove that the Protection Officer did not collect evidences against the aggrieved person / complainant and totally relied upon the statement made by her (aggrieved person) ?

I do not subscribe to your point, it is "out of context" to procure information through RTI application and you (through your counsel) can ask the same in cross-examination, if the PO (Protection Officer) deposes to prove any averment mentined in her report against you.


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