Perhaps you mean to ask how to get information that are exempted under Secs 8(1)(g) and 8(1)(h) of the Act. If the information sought for really falls under the exemption provided under these two sub-sections, you cannot get it. On the other hand if they dont fall under these sub-sections but the authorities are only evading giving the info by wrongly quoting these sub-sections, that hurdle can always be overcome. For that we should know the details of the case.
Please give details of what happened. What information did you request? From whom? If it was denied under Sec 8(1)(g)(h), did the PIO give you a reason as to why the information falls under that section?
My wife has filed a false complaint in CAW Cell, Nanak Pura. So When I asked for the copy of complaint , I have been told that this information can not be provided under section 8(1)(g) read with sec 11 of rti act. for which I have apealed and again got the answer that copy of complaint is inadmissible under sec 11 of RTI.
I have requested the follwowing in one more rti which has been rejected under 8(1)(g)(h)
1. That my wife has taken a scooter advance and never purchased the scooter and did not utilised the loan for the purpose. I have given her salary slip showing deduction of loan. I requested them that please inform if the loan taken by my wife was utilised for the purpose. and if yes kindly convey the scooter no.
I am confirmed that my wife was not eligible for loan as per rule but she has been priveledged but she misused the priveledge. so I requested that why loan was sanctioned to her.
I have also asked that if the loan was not utilised for the purpose then what action department has taken against her.
so they replied that all the above information can not be provided to you as per section 8(1)(g)(h) of rti act 2005 as third party information.
wherease I have only asked that what is available in govt. records. Please help.
In one more appliction under RTI I have requested that her GPF nominiee name may pleaes be intimated under RTI the same is also refuses with the same sec.
I require all these informations to produce in the court as a case of Divorce on Curelty has been filed by me and I want to show that my wife is not an honest person and cheated the department on many occassions.
Did the PIO give you detailed reasons as to why he thinks Sec 8(1)(g) and Sec 11 are applicable in the present case ?
If there is any denial of information by the PIO under Sec 8, he must justify as to how the matter on hand is covered by the exemption. Just quoting the Section number or quoting the section "ad-verbatim" is not enough. Detailed reasons have to be given by the PIO after applying his mind. Please see the citations in the following post: http://www.rtiindia.org/forum/2094-w....html#post7521
1. The copy of the complaint has to be given to you under RTI.
It cannot be covered under Sec 8(1)(g) or Sec 11 (third party).
Even if it is covered, the PIO must seek views of the "third party" and then apply his mind to decide whether the information can be disclosed or not. He can also apply the "severability" clause and disclose part of the information.
Some CIC decisions that will help you: http://cic.gov.in/CIC-Orders/Decision_14022008_03.pdf
As regards the request for the copy of complaint filed by your wife, I endorse the views of Kariraji. Regarding the scooter advance, you may simply make a complaint to the authority who granted the advance that the amount was not used for the purpose for which it was granted and action should be taken against her for misusing public fund. After a reasonable time you may file an application under RTI to know what action was taken on that. That info cannot be denied under any of the exemption clauses of the Act.
2. I am not so sure about loan details being disclosed, unless you can justify that the disclosure is in greater "public interest".
The amount of money given as loan is public money.
Getting and sanctioning the public money by fraud is a crime and definitely a corruption.
The declared aim (in preamble) of RTI Act is to disclose and contain the corruption.
As an ordinary citizen I am doing my duty by trying to expose the corruption.
The exposure of corruption is definitely in public interest.
Moreover the details of loan cannot be held as personal information. Thus it cannot be denied as personal information. Even though it is held that it (loan details) is a personal information its disclosure falls within the public interest as narrated above.
[Even though the post is very old it is very much relevant even today. Hence I am posting here]