Right to What type of Information?
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September 11, 2012 at 6:15 am #67872unknownParticipant
Can anybody tell me what kind of information one can seek for as per RTI Act?
September 11, 2012 at 7:14 am #74075September 11, 2012 at 9:58 am #74077unknownParticipantSorry, I could not find the information from the above links.
Can anyone ask for information regarding leave credit of all employees under an establishment?September 11, 2012 at 10:50 am #74078unknownParticipantIn the purview of the RTI Act,2005 the term “information” refers to any material in any form – records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, models, data material held in electronic form. It also includes information relating to any private body which has been assessed by the public authority under law for the time being in force.
But, the term “information” does not include the items mentioned in Secn. 8 and Secn. 9 of the Act. Moreover, Schedule –II of the Act contains the names of the Intelligence and Security Organisations which are exempted from the purview of the Act. However, exemption of the organizations does not cover supply of information relating to allegations of corruption and human rights violations.
Once the Chief Information Commission of India was of the view that if the information which the applicant seeks IN RESPECT OF A THIRD PARTY, is clearly of a very personal nature, it should not be disclosed. There is no reason why any person should get information about a Government employee. Apart from being personal information, DISCLOSURE OF SUCH INFORMATION SERVES NO PUBLIC PURPOSE. IT IS QUITE POSSIBLE THAT DISCLOSURE OF SUCH INFORMATION MAY LEAD TO UNWARRANTED HARASSMENT AND INTIMIDATION OF THE EMPLOYEE BY OTHER PARTIES.
However, at the subsequent stage of development the Commission changed its stand and decided that the following ‘personal information’ in respect of an employee can be supplied –
1. Appointments, promotions, ungradations are all public activity, hence the exemption has been wrongly applied.
2. Document regarding the transfer of two of his colleagues, vis-a-vis whom he felt that he had been discriminated against is not exempted.
3. It was pointed out that the details of leave taken by the public servant has to be disclosed, however, the purpose for which the leave taken by the public servant has to be disclosed, however, the purpose for which the leave was taken need not be given because it is exempted under section 8(1)(j) of the RTI Act.
4. LTC Information of officials not personal to them.
5. RULES GOVERNING salary, service matters, study leave records, Posting and transfer information of public servant can’t be called ‘personal information’.
6. Tour programme of officers not personal information.
7. Personal Information sought by legal heir of the deceased employee is not exempted to him.September 21, 2012 at 2:11 pm #74315unknownParticipantAll the information except which are forbidden by a court of law or fall within the category of section 8 of the RTI Act.
September 30, 2012 at 3:36 pm #74591unknownParticipant@adil85
Kindly list out the information which are forbidden by the court of law in regard to discloser under RTI Act,2005.September 30, 2012 at 3:57 pm #74595unknownParticipantI would like to add that even file noting can be disclosed except file noting containing information exempt from disclosure under section 8 of the Act. (Order No.1/20/2009-IR, dated the 23rd June, 2009).
As Section 8 has been referred, here is section 8 of the Act. Rest has been discussed by Dr. Majumdar.
8. (1) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen,—
(a) information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence;
(b) information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court;
(c) information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature;
(d) information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information;
(e) information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information;
(f) information received in confidence from foreign Government;
(g) information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes;
(h) information which would impede the process of investigation or apprehension or prosecution of offenders;
(i) cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers:
Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over:
Provided further that those matters which come under the exemptions specified in this section shall not be disclosed;
(j) information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information:
Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.
(2) Notwithstanding anything in the Official Secrets Act, 1923 nor any of the exemptions permissible in accordance with sub-section (1), a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests.
(3) Subject to the provisions of clauses (a), (c) and (i) of sub-section (1), any information relating to any occurrence, event or matter which has taken place, occurred or happened twenty years before the date on which any request is made under secton 6 shall be provided to any person making a request under that section:
Provided that where any question arises as to the date from which the said period of twenty years has to be computed, the decision of the Central Government shall be final, subject to the usual appeals provided for in this Act.October 1, 2012 at 3:17 pm #74621unknownParticipantAny one who wants to know the thread bare information in respect of RTI Act 2005 may visit the web site ‘rtiindia.org’.
October 1, 2012 at 3:53 pm #74625unknownParticipantDear Mr, A. Ray,
Thank you very much for your effort for the valuable post!
With regards.October 1, 2012 at 4:00 pm #74626unknownParticipantDear Mr, A. Ray,
Thank you very much for your effort for the valuable post!
With regards.Dear Dr. Majumdar,
I have added just a few lines. Your post is almost complete. Thanks.
Regards. -
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