Need Help: Section 8(1)(j) and Section 11 of RTI Act 2005

[kapoors18]

Here is a situation:

A gentleman requests the PIO to give him information related to an employee who has since retired from the services. The information is regarding the family dispute of the retired employee with his wife, which has since been settled in the High Court. Can PIO, after following the procedure laid down in Section 11 (i.e. giving notice to the third party and keeping in view his submission) reject the application for information under Section 8(1)(j)?

PS: The gentleman is neither the employee of the same Public Authority nor related to the employee in any way.

[shakti]

Yes if third party has submitted / raised his/her objections for the same.But if this case is related to some kind of corrupt practices etc which are required to be disclosed in the interest of State / Nation / Public then you can file a appeal with the concerned appelleant authority along with your submissions in details / evidence.

[karira]

Vijay,

Even if the third party objects in his written submission, the PIO must still apply his mind and decide whether he should still disclose the information. He cannot blindly deny the information saying the third party has objected. Ultimately, it is the PIO who provides information and he is solely responsible for his actions - not the third party.

[jps50]

Decision of PIO can also be appealed against with FAA by third party.

[abhi987]

It all depends upon the PIO's view of whether the disclosure of third party information is in the larger interest of the public or serves the interest of another individual, which may be seconded by FAA (in case the applicant goes in for first appeal) and subsequently SIC /CIC((in case the applicant goes in for second appeal).