Blog Archives

Court allows wife income tax documents for cross examination

wife income tax documentsThe information about his wife income tax documents probing for the alleged income and expenditure during the wedding was denied under RTI. However, as his wife has filed FIR under section 498A/406 IPC, Delhi High court allowed access to the document considering that as the criminal proceeding filed by the wife is still pending and her cross-examination is not complete, the husband can cross examine her with regard to her income-tax returns and/or the husband can file an appropriate application for production of the relevant income tax records.

The information sought by the Husband in reference to wife income tax documents regarding action taken report in reference to his letter was rejected on the ground that information sought is exempt under Section 8(1)(j) of the Right to Information Act, 2005 (for short ‘RTI Act, 2005’).

The decision of the high court can be read from our wiki segment here! Read more ›




National Bal Bhawan claims procurement of AC is personal information

personal-information-rtiWhen an RTI Applicant sought information from National Bal Bhawan on enquiry report/orders of the two member committee inquiry about the purchase of 100 ACs for the National Bal Bhavan and the related electrical works First Appellate Authority (FAA) denied information on the grounds that it is exempted under RTI Act, the same is hit by Section 8(1)(j) of the RTI Act as it is personal information and disclosure of which is not in larger public interest. Read more about what is Privacy under RTI Act.

The Central Information Commission (CIC) declined to accept the contentions of the Respondent authority and directs them to furnish the 2 Member Inquiry report and other information sought by the appellant. Read more ›




Cantankerous appellant must be asked to pay costs to the public servants

third-party-wifeCentral Information Commission came down heavily on RTI applicant for filing several frivolous and repeated applications with sole aim of harassing his wife without caring whether any public loss is being caused in the process. “he has misused RTI to run a parallel trial along with the trial in courts of law.”- CIC

More importantly, however, was the observation that the First Appellate Authority (FAA) disclosed information about his wife without applying the third party clause as under Section 8 (1) (j) that prohibits the private information not related to any public activity. Earlier also we have brought this issue on our blogs, you can read them here!

The RTI applicant has sought details of Notary Register of his wife. On the first appeal against the CPIO, Department of Legal Affairs, First Appellate Authority (FAA) gave the decision to disclose the information.The FAA noted that notary is the third party, but did not ask CPIO to follow the procedure to obtain views of the third party, Notary. Strangely the FAA has ignored the fact that it was not just the Notary, but the wife of appellant and owner of the house who leased are also third parties. Read more ›




MLC can be disclosed after applying third party clause

MLC Medico Legal Case (MLC) can be disclosed under RTI Act after applying third party procedure. The PIO has rejected the information stating that MLC is a legal paper and for obtaining this the person who is nominated and person concern can only get the copy of it. Without MLC no it cannot be provided. Even the First Appellate Authority has rejected the case claiming exemption under section 8 (1)(j) of the RTI Act.

The Commission on perusal of the documents on record and after hearing both sides directs the PIO to follow the third party procedure u/s 11(1) of the RTI Act and to take a decision based on the objection/consent of the third party and inform the Appellant accordingly.

What is Medico Legal case (MLC)..

Read more ›




Unauthorized construction and encroachment does not require clearance from any third party

Unauthorized construction and encroachmentWhile hearing the 2nd appeal, Central Information Commission decided that disclosure of information in relation to unauthorized construction and encroachment does not require clearance from any third party. The commission retreated that in a number of decisions, the CIC has held that when appellant seeks the sanctioned building plan of any third party, public authority should provide the (horizontal) sanction plan(s) of the properties of the Third Party by omitting the internal room arrangements in the plan(s). The external walls with openings and projections should be shown along with the Area Statement for all the floors which has been approved/ regularised. If you want to file RTI online, do read our guide here on how to file RTI Online.

Earlier NDMC has denied information by invoking section 8 (1) (j) of the RTI Act on the ground that the sanctioned building plan and other information sought in the RTI application is personal, while the Appellant stated that due to the unauthorised construction, extensive damage was caused to his house. Read more ›




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