Dear Freinds ,
The Article Sent by Rajendran Purported to be Published in Bangalore mirror , Shows lack of Insight, Home work and Command over RTI Act and CIC Decisions primafacie .
I Have read and Come across Central Information Commission Orders Interpreting What is an Public Document , what is An Third Party , Is it Necessary for Every Requester for Information to Approach CIC ebery Time , Are there No References Made to Earlier CIC Orders , Why is The IT Department Not challenged CIC Orders if their PIOs or FAAs Orders are Struck Down Cic Orders Parting of Information , Does Section 7(1) is the Relevant Section For Rejection of Request For information, is It Necessary for an PIO to Known the Relation ship of The Requester or of the Information to whom it Pertains to , Is it Mandatory to Provide the Reason for the RTI Request . What is Personal Details and What Is Public Document in Normal and Due Course , under What Circumstance Does the act all Information of Private parties,Does the Documents held By IT Department Come Under any Trust , what is the Interpretation of the 8.1e Fiduciary , How Does an Request For Information
Become an Harassment of Somebody , Is it an agreed Principle to IT Dept that Divulging Information Should be as Directed by CIC , What are the Inbuilt Checks & Balances in the RTI Act Itself.
At this Time of Completion of 5 years of the Act , This article proves that Still the Mindset of the officers has Not Changed and They are in No Mood to Change and Adjust and acclimatise themselves an Act which is All pervasive and As Arvind Kejriwal says the STAKES Are TOO HIGH . One or Two PIOs in the IT Department have Successfully Exhibited their aversion to RTI Act 2005 getting Support From Several Different quarters by Just taking Advantage of their Lack of Knowledge
May I Humbly request All Members to Please respond along With All Cases they Have Come across Once , I wish To counter the Article with Your Inputs also .
This Mails Requires that a Freinds Should Start Using their Pens
N vikramsimha ,Trustee RTI study Center & KRIA Katte , #12 Sumeru Sir M N Krishna Rao Road , Basvangudi < Bangalore 560004.
--- On Thu, 23/9/10, S.K.Rajendran <1daffi@gmail.com> wrote:
From: S.K.Rajendran <1daffi@gmail.com>
Subject: [HumJanenge] RTI applications Taxmen deluged with 'ex' files
To: "Human Ridhts" <humanrightsactivist@yahoogroups.com>, "abc" <antibriberycampaign@yahoogroups.com>, "Loksatta" <loksatta_initiative@yahoogroups.com>, "rti4ngo Moderator" <rti4ngo-owner@yahoogroups.com>, "Transparency India" <tiindia.newdelhi@gmail.com>, "voi" <voiceofindiagroup@yahoogroups.com>, "HumJanenge" <HumJanenge@yahoogroups.co.in>, "KRIA" <kria@yahoogroups.com>
Date: Thursday, 23 September, 2010, 7:15 AM
Taxmen deluged with 'ex' files
The income tax department receives at least five RTI applications a week
from estranged spouses and in-laws, seeking information on the other's
financial status. But it refuses to divulge personal details to a third
party
Suchith.Kidiyoor @timesgroup.com
Priya, a divorcee from Bihar, had received alimony regularly from her
former husband. The Rs 8,000 which he sent her every month had helped the
homemaker maintain a fairly decent lifestyle. But all this ended a few
months ago when the steady stream of income dried up altogether.
She approached the court to ensure she was paid every month, but notices
sent to him yielded no reply. Priya eventually learnt that her former
husband had found a new job in Bangalore and had moved to the city. Finding
him in a new city, however, was as good as looking for a needle in a
haystack. She then hit on what seemed a bright idea. She had her former
husband's PAN number, so she decided to approach the income tax department
through the Right to Information Act (RTI), not only to locate her husband,
but also secure information on where he is employed, the salary he draws and
properties he owns. Her query drew a blank.
STEADY RISE:
Officials at the I-T department say there has been a steady increase in the
number of RTI applications filed by estranged couples, mostly techies,
seeking information especially of the financial kind - on their former
spouse. The department, however, rejects these applications because they
cannot divulge information about an individual to a third party.
"We are not sure why estranged couples want to know personal details of
their former spouse," an I-T department official said. "It's not just women,
but men too who seek information on the economic status of their former
spouse. However, the Act does not allow us to divulge information about an
individual to a third party. People could misuse the information by
harassing their former partners. People have given their personal details
because of the confidence they have in the I-T department. We cannot breach
that trust whether that party is the persons father, mother, wife, husband
or child," the official said.
Ravindranath Guru, RTI activist and convenor of Karnataka RTI Activist
Forum agreed: "However, a court can seek a confidential report from the I-T
department while hearing cases. There are instances of divorced women or
couples on the verge of separation filing RTI to know their spouse's
financial status. In most cases, the information is sought to harass
someone," he said.
On an average, the department receives five applications a week,
officials say. But they only divulge information if they directed to do so
by the Central Information Commission.
"If we reject an application, applicants can appeal. Again if it is
rejected by the appellate authority, applicants can then approach the
Central Information Commission. We provide the information only if the
commission or the court directs us to provide the information."
Officials say they have even received applications from in-laws.
"Parents too file RTI application asking us to provide details on the
financial status of their daughter-inlaw or son-in-law, especially when they
learn that their marriage is on the verge of breaking up. They might be
seeking this information to spy on their in laws," the official said.
For instance, Ramegowda had filed an application seeking details on his
son-in-law who worked in a software firm, following a dispute between his
daughter and her husband. Ramegowda had wanted details on his son-in-law's
I-T returns and Form 16. He had also wanted details on his current employer,
residential address and property he owned. But he couldn't get any of the
information.
REASON FOR REJECTION:
An official said: "We rejected the application under section 7 (1) of the
Act which forbids us to divulge details which invades the privacy of an
individual. It is quite possible that this information would be used to
harass the son-in-law, so the law forbids us to give out these details."
(Some names have been changed)
----------------------------------------------------------
Source:
http://epaper.timesofindia.com/Default/Scripting/ArticleWin.asp?From=Archive&Source=Page&Skin=MIRRORNEW&BaseHref=BGMIR/2010/09/23&PageLabel=2&EntityId=Ar00200&ViewMode=HTML&GZ=T
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