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  1. #1
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    p r chandrashekar
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    Default Information from Social Welfare Department, Karnataka


    A Central Public Sector Employee suppressed his annual income from all sources and submitted an application for a foreign scholarship for his daughter in order to collect wrongful gains from the state govenment.
    This has come to my notice and filed an RTI application to the Joint Director, Social Welfare Department requested for copies of all the documents including the income certificate and affidavit submitted by the said PSU employee. After a lapse of one month the concerned Joint Director sent a letter to the PSU employee informing him about the documents we have asked for and also sought his permission whether to issue the relevant documents to the RTI applicant ? A copy of this letter is marked to me. Again after a lapse of 15days the Joint Director has informed me that the PSU employee has instructed not to issue any of the documents submitted by him for scholarship to the RTI applicant. Hence, my request has been turned down.

    I would like to ask you whether the concerned authorities can inform a person where certain details pertaining to him is asked for under RTI ?

    secondly can the authorities refuse the RTI request under his directive ?



  2. #2
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    Sandeep Baheti
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    Default Re: Information from Social Welfare Department, Karnataka


    In case of third arty information, the disclosure can be made only after giving notice to the third party. The PIO is correct to this extent.
    However, the time limit for reply in case of third party information is 40 days. So PIO must have issued the notice within 10 days and not one month. He has not given the reply in time.
    Further, information can be rejested only if the third party proves that the requested information is exempted from disclosure under the various clauses of Sec 8(1) or Sec 9. Mere unwillingness of third party is no grounds for denial.
    Please file a first appeal bringing out these provisions.

  3. #3
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    C J Karira
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    Default Re: Information from Social Welfare Department, Karnataka


    Please read this useful thread:

    http://www.rtiindia.org/forum/11536-...ird-party.html

    and see if all procedures have been properly followed regarding the applicability of Sec 11 of the RTI Act.

    The complete online RTI Act is available at: act.rtiindia.info

  4. #4
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    Ganpat
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    Default Re: Information from Social Welfare Department, Karnataka



    I presume your case is about a scholarship from govt for studies abroad. Any scholarship from the govt involves distribution of public money and therefore any application and supporting annexures seeking such a scholarship cannot be deemed a private document. The PIO should have seen the larger public interest involved in the matter.

    Please go through http://www.rtiindia.org/forum/498-jj...surupsinh.html and you will get some additional ideas as well, besides those suggested by Sandeep & Karira.
    Defeat is not final when you fall down. It is final when you refuse to get up.

  5. #5
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    J.P. SHAH
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    Default Re: Information from Social Welfare Department, Karnataka


    Pl file first appeal [ within 30 days of receipt of reply by you] and emphatically point out that LARGER PUBLIC INTEREST is involved as there is misuse of public money and hence information should be disclosed. PIO has not taken into account Larger Public Interest. For format of first appeal applicable to Karnataka State, pl visit KARNATAKA RTI RULES - RTI Guide
    It takes each of us to make difference for all of us.



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