Need Help: Can I ask personal information like: leave period,presence on certain days,date of marriage,property returns when same are required for evidence

[TSBehera]

I require certain personal informations such as
1.Attendence of an officer in state govt for a period , say a week in his office,his presence or absence
2.His property returns to Govt.on his appointment and during service
3.His date of marriage
True ,I see ,PIO /FAA shall very rightly inpose Section 8.1.j.of RTI Act,but I genuinely require them for producing as evidence,pertinent evidence in a Criminal Court pursuing a case of forgery as prosecution-complainant..
I have ,in fact filed the applications & 1st appeal,I didn't get the information,but I have filed 2nd Appeal stating why I need them and appealed to SIC to take recourse to 8.2, & 8 .3....disclosure out weighes protected interests.
My appeal is yet to be heard.
Can anybody guide me how to plead so that I get the information on direction of SIC in my 2nd Appeal.Any decision of SIC/CIC in this regard?

[karira]

Shankar,

1. Attendance Register/Details: They are allowed. Please see:

http://cic.gov.in/CIC-Orders/Decision_18032008_10.pdf
http://cic.gov.in/CIC-Orders/Decision_22112007_57.pdf
http://cic.gov.in/CIC-Orders/Decision_16102007_14.pdf

2. Property Returns: Also allowed.

http://cic.gov.in/CIC-Orders/Decision_20032008_14.pdf

3. Date of Marriage: Although marriages are very much a "public activity" in India, unfortunately Date of Marriage is "personal information" and cannot be connected to any public activity of the officer.

[TSBehera]

Thank you very much sir,for providing the relevent decisions which shall help me out during presenting my case before SIC during hearing of my 2nd Appeal pending.

thank you again

[sureshram56]

Is asking for copy of salary slips a pesonal information?

[karira]

suresh,

Allowed by CIC.
In fact it is "mandatory" under Section 4.

Please see:

http://cic.gov.in/CIC-Orders/Decision_03072007_15.pdf

..........U/s 4(1)(b)(x) of the Act, it is mandatory for each public authority to publish the monthly remuneration received by each of its officers and employees including the system of compensation as provided in regulations, so that a citizen can have access to such information even without asking for it. The CPIO is therefore directed to do the needful and submit a compliance report within 15 working days from the date of issue of this decision.

[sureshram56]

thanks. I filed an appeal before IOC on the same clause But the AA also denied the copy
Should I write to him with acopy of this decision or I FILE AN APPEAL before CIC

[karira]

suresh,

If the time gap is not too much, you can write to the AA referring to his order and draw his attention to the above order of CIC (enclose a copy). Request him to reconsider his decision in view of this.

If you want, you can also inform the FAA that information as per Sec 4(1)(b)(X) that has been uploaded on their website :

Indian Oil Corporation :: RTI

is not in the correct format. They have just given "pay scales" instead of the "monthly remuneration". Both these are different !

[sureshram56]

Thanks for sharing the apt citations. The following information sought was denied too. Please advise:

Please inform whether she is entitled to any other perquisites or prize monies or endorsement monies and if so, list such benefits with monetary equivalent wherever possible besides salary benefits.

Whether she took a transfer from Chennai to Bangalore during early 2006? If so,please provide a copy of the transfer application specifying the grounds for transfer and a copy

of relieving letter specifying the date and place of joining the new location.

Whether she took a transfer from Bangalore to Chennai during early 2007 If so, please provide a copy of the transfer application specifying the grounds for transfer and a copy

of relieving letter specifying the date and place of joining the new location.

Please inform the names of the beneficiaries of
her family medical benefit scheme.

Please inform the amount received by Ms. Indu as medical benefits from the Corporation for the years 2005,2006 and 2006 (year, date and claim wise) indicating the name of her family ember/dependant who underwent medical treatment

Whether she and her family are entitled to any other beneficial employee schemes apart from medical and please inform the names of the beneficiaries in her family. Whether such beneficiaries are nominated by her?

Please inform the number of days of paid and other leave or absence from work other than official in the years 2006 and 2007 and what were the grounds?

[karira]

suresh,

Transfer details can be disclosed:

http://cic.gov.in/CIC-Orders/Decision_27022007_03.pdf
http://cic.gov.in/CIC-Orders/Decision_22012007_9.pdf

Disclosure of Medical benefits and Leave details depends on the circumstances and if you can prove that it is in "larger public interest".

[karira]

Originally Posted by karira

If you want, you can also inform the FAA that information as per Sec 4(1)(b)(X) that has been uploaded on their website :

Indian Oil Corporation :: RTI

is not in the correct format. They have just given "pay scales" instead of the "monthly remuneration". Both these are different !

The correct format for this is as the details given on the CIC website.
Please see page 3 of the following document:

http://cic.gov.in/CIC-Section4/Section-4-1-b-x.pdf

[sureshram56]

It will be great if u can vet my review petition. I am unable to post here. Cud u please send me your email id to sureshram56-AT-yahoo-co-in

[taurus]

There is a difference between the info reg pay and providing copy of pay-slip. Whereas the info reg pay contains only the details of earnings, the pay-slip also contains the details of deductions on account of various savings, loan repayments, tax deductions etc. These may be construed as purely personal the divulging of which may lead to invasion of privacy.

[karira]

Originally Posted by sureshram56

It will be great if u can vet my review petition. I am unable to post here. Cud u please send me your email id to sureshram56-AT-yahoo-co-in

Suresh,

Please post the review petition here so that you get the benefit of more members being able to help you.

If you want, you can delete or blank out the details you do not want to post in a open forum.

[karira]

Please also refer to the following thread:

http://www.rtiindia.org/forum/3844-c...html#post13261