Can a Secretary ask for any information?

[nile0611]

My Society Secretary asked for information under RTI Act from BMC after 30 days we received the reply that the applicant is not citizen and so information cannot be given as per RTI Act.

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[maneesh]

I believe that aspect holds good. That a person indicating his name along with designation of company and asking information should be given information.

Further the Chief Information Commissioner Order is most reasoned order.

[karira]

Sponsorer

Posted from other thread:

http://www.rtiindia.org/forum/ask-rt....html#post3770


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</td> </tr> </tbody></table> </td> </tr> <tr> <td class="alt1" id="td_post_2974"> <table border="0" cellpadding="0" cellspacing="0" width="100%"> <tbody><tr><td> <!-- google_ad_section_start -->Re: using of letter head<!-- google_ad_section_end -->
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</td> </tr></tbody></table> <hr style="color: rgb(209, 209, 225);" size="1"> <!-- google_ad_section_start -->One good solution would be to apply on a letter head, but the signature should be of a person without mentioning his designation or post. This way the applicant can always claim that he has applied a s a "citizen" and that the letter head is being used only for the purpose of giving a address and number for reply.
There is a decision of the CIC which allowed such a appeal.
I will search for it and post it here.

As Ganpat pointed out, better to be prudent in such matters.
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[ganpat1956]

Here is another "latest".

Even though in terms of RTI Act, only a citizen has the right to seek information from a public authority, this Commission has taken a view that directors of companies, partners of firms and office bearers of associations of persons could also seek information on behalf of the companies, firms and associations respectively. Therefore, the CPIO/the AA could not have rejected the application on the sole ground that a company is not a citizen.

Decision No. 908/ICPB/2007 dated 17/09/2007 on Appeal from Mr. R.K. Morarka Vs Central Bank of India

[ganpat1956]

Here is the counter-point

On the same day, the IC Prof Ansari has held that the President of an Employees Union is not a citizen u/s 3 of the Act.

The appellant had asked for certain information on behalf of the Employees’ Union of which he is the Present. Information asked for relate to service matters.

Under section 3 of the Act, this appeal is however not maintainable and is thus disposed of.

(Decision No. 1245 /IC(A)/2007 dated 17/09/2007 on Appeals from Shri Harindra Tiwari Vs Airport Authority of India.)

It is time that this matter is decided by the CIC once and for all to avoid any further conflicting views.

[mpai]

Here is the counter-point

On the same day, the IC Prof Ansari has held that the President of an Employees Union is not a citizen u/s 3 of the Act.

Yes, the decision of Prof. Ansari is absolutely correct. How can the President of an Union be considered as a citizen. He should have applied in his own name and address to seek the information. Besides he also made the mistake by asking "on behalf" of the members. Probably he (the President) wanted to show off.