Info of particualr Asset - personal info or not.?

**tarun8576** · 09-10-2008, 02:19 PM

A person requested for information about the Car used by one govt. official
. he requested info about its making, purchase dates, payment mode etc.

Would it amounts to piercing of the privacy of govt. official (u/s 8 (j)) ?

There are also some rules relating to declaration of assets to dept.

Plz provide any judgment or concrete info.. as very confusing statements i have went through.

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**karira** · 09-10-2008, 05:30 PM

Sponsorer

Tarun,

If the car is a "official" car, you have to disclose the information.
If it is a personal car then does the PA actually have all this information ?
If yes, then, as you pointed out, it will be under Sec 8(1)(j).

Regarding Porperty Returns, it is indeed very confusing and there are contrary decisions.
I already gave some links in your other thread (http://www.rtiindia.org/forum/6742-r...et+declaration). Please also visit the CIC website (CIC) and search for "Property Declaration" and "Asset Declaration". You will get a few orders (both allowing and disallowing) and you can study those in detail to decide which position to take.

**tarun8576** · 09-11-2008, 02:25 PM

Actually the person (owing car) provided whole details of his car which is not official record but personal one and he opposed this application also. what should be done next.

Sir if PA has only limited info or no info then can we reject the application as violating privacy under (J) or we provide reply that such info is not available with us.

in both cases he will file an appeal.

**karira** · 09-11-2008, 06:34 PM

Tarun,

If the Public Authority has the information and the car is owned by the employee, then you can deny it under Sec 8(1)(j). But, please give reason/explanation as to how Sec 8(1)(j) is applicable in this case. You can say that the car is a personal property of the employee and disclosure of such information will not serve any larger public interest.

If the Public Authority does not have the information on record, then you can simply say that the requested information is not available.

If you are applying Sec 8(1)(j) there is no need to consult the Third Part under Sec 11. But, since you have already consulted the Third Party, you can decide that the information should not be disclosed.
Hence it is two arguments for non disclosure.

When the applicant files his First Appeal, the FAA will decide what he wants to do after you (as a PIO) have also been given a chance to present your side of the case.