Re: [HumJanenge] SEEKING ADDRESS OF RETD. OFFICERS UNDER RTI ACT- WHETHER EXEMP u.s.8

I presume that CPIO has informed you about 8(1)(g) and now you want to
file a First Appeal.

At the FA stage you must highlight that 8(1)(g) says that the
disclosure WOULD endanger the life or safety of any person. This is
different from "MAY" endanger .... The onus of proof is solely on the
CPIO to PROVE u/s 19(5). You must therefore insist that you require to
be given the opportunity to CROSS-EXAMINE the CPIO under oath during
First Appeal irrespective of whichever mode of "examination in chief"
is allowed by the FAA (ie. evidence / deposition on oath, sworn
statement, affidavit etc)

Now coming to 8(1)(j) .. personal information etc. If the defamatory
statement was issued in the context of performance of public duties by
the said retd officer then 8 exemption will not apply. As a back-up
though you must continuously stress that you need the information in
LARGER PUBLIC INTEREST. You should also stress that this information
cannot be denied to Parliament so it must be given to you.

Sarbajit

On Thu, Mar 24, 2011 at 5:31 PM, M.K. Gupta <mkgupta100@yahoo.co.in> wrote:
> I wanted to know the address of an Officer who has recently retired from
> NSD, All India Radio for sending him notice of legal notice for defamation.
> I informed this fact to the Public Authority but the Authority refused to
> give the address stating that the information is exempt u.s. 8(1) (g) and
> 8(1) as it may pose danger to the life of the officer.
>
> I made it clear to the PA that the same is required for serving a legal
> notice. If some applicant has malafide intention, he will not be asking for
> the address by filing RTI application as there are so many other ways to
> know the address of an officer and moreover I am a law abiding citizen,
> therefore took recourse to the lawful action of filing RTI.
>
>
>
> I request the members to guide about the next course of action.
>