An individual gives certain information against another person to the department. Then, he seeks information in this regard.
My query is:
(a) If the information has not been used by the department yet or is not useful at all, can the information be given regarding the status thereof? Will the 'third party clause' be invoked?
If the information is not been used, then first it is to be decided
i) Whether the information is useful?
If not useful then what can be next course of action I am trying to find out.
ii) If useful then whether in near future it will be used?
If it is to be used in the near future then Section 8(h) can be invoked.
Originally Posted by apaul
(b) If the information has been used, can then the information be given without invoking the third party clause?
Again Section 8(h) can be invoked, the person may wait till the completion of investigation.
But my query still remains.
If the CPIO wants to divulge the information, then, in my view third party clause has to be invoked. And, in all probability, the assessee will ask for not providing the information citing 8(1)(j), (h) or even (g). Then what? How do we show that public interest is served, or how do we deny information to the informer, ie the person, who in the first place, is responsible for taking the action against the assessee. This case is w.r.t TEPs.
There is no need of third party as the information is in nature of information. The only information which can be given to informer whether information is useful or not?
The detail information can be given after completion of investigation.
For inspection of record, Severity clause can be applied using Section 8(h).
I believe under TEPs petition there must be a clause for prosecuting the person who give wrong information. This will ensure that the RTI is not misused to settle personal scores.