tarun (Advocate) 01 September 2008
N.K.Assumi (Advocate) 01 September 2008
third party under RTI mean those which is in Government domain or which government can obtain information through other laws or rules.
J. P. Shah (RTI & CONSUMER ACTIVIST) 01 September 2008
The technician is a third party and his consent has to be obtained to part with his personal info, unless public interest outweighs for such disclosure. Pl refer section 11 of RTI act. U can also search decisions of Central Info Commission by visiting its website for third party info.
Hemant Agarwal (email@example.com Mumbai : 9820174108) 14 September 2008
Dear Tarun and All friends,
Facts of the matter :
1. Technician is working in Govt. hospital.
- Thus the technician comes under the defination of a "Public servant", as defined u/s 21 IPC.
- Public servant is open for inquiry/scrutiny under the RTI Act and as defined under chapter IX & XI of the IPC.
2. Tehnician was appointed in Govt. Hospital, under the service rules & procedures of the Govt. The appointment papers, service records, medical records etc... are in possession of the Govt. record office. These papers / documents NOW come within the classification of "Public documents".
- "Public documents" are not classified as "private documents"
- Under RTI, the applicant is RIGHTfully entitled to inspection and obtain certified copies of ANY & ALL "public documents" excluding information u/s 8 of the RTI Act.
- Thus anybody is entitled to information / copies of ANY & ALL public documents.
As far as "Public Documents" are concerned, there is no question of "third party" rights or obligations or secrecy.
BTW, RTI Act supercedes all other Acts, excluding information u/s 8 of the RTI Act.
Keep Smiling ... Hemant Agarwal
mayank shukla (legal profession) 24 October 2009
well said Hemant. RTI is a new act and let us explore all possible uses and not restrict it by our age old bias towards Official secrecy, a relic of British Raj. regards mayank shukla