Archive

Archive for the ‘RTI with Wife’s Employer’ Category

CIC: Spouse not third party if marriage subsists.

Good News!

The people who are fighting with RTI officials in getting the wife’s ITR details, PF details or any other financial details will be rejoice to hear that their RTI’s wont be rejected on the basis of “Third Party Information”.

Because Central Information Commission has ruled that if the marriage between the spouse is subsisting then the information of the spouse wont be THIRD PARTY.

pls read the full judgment below………

 

Central Information Commission

 Room No. 308, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066

File No:CIC/RM/A/2012/000038/LS

Appellant : Ms Juhi Jadli

Public Authority : Income-tax Department, Noida

Date of hearing : 03.06.2013

Date of Decision : 03.06.2013

FACTS :

Heard today dated 03.06.2013. Appellant not present. The public authority is represented by Shri S.S. Chahal, ITO Ward 1(4), Nodia.

2. By RTI application dated 07.09.2011, the appellant had sought the following information about her husband Shri Shobhit Garg :

(i) Source of income declared by him;

(ii) Details of deductions, such as housing loans, LIC etc., claimed by him;

(iii) Certified copies of the ITRs filed by him for the years 2006-07 to 2010-11.

3. Vide letter dated 09.10.2011, the CPIO had refused to disclose this information on the basis of objection filed by Shri Shobhit Garg. The same view was taken by FAA in order dated 30.01.2012.

4. It appears to me that there is estrangement between the husband and the wife. The wives generally try to collect this information for canvassing their cases in the Family Courts for grant of maintenance. A wife can not be treated as third party in the strict sense of the term, so long as the marriage subsists. However, after divorce, the legal position changes. I am told that marriage still subsists between the appellant and Shri Shobhit Garg. Hence, it will not be correct to deny information on the ground that the appellant is a third party. In the given facts, I order that gross income and net taxable income declared by Shri Shobhit Garg in the last ITR filed by him, may be disclosed to the appellant. No other information is required to be disclosed.

5. This order may be complied with in 04 weeks.

( M.L. Sharma )

Information Commissioner

Authenticated. Additional copies of the order shall be supplied on application and payment of fees, as per RTI Act, to the CPIO of the Commission.

(K.L.Das)

Dy Registrar Address of the Parties :-

(l)The ITO & CPIO, (2)Ms Juhi Jadli, D/oShri Anil Kumar Sharma

Income tax Department, Aaykar Bhavan, 44, Sevak Ashram Road, Dehradoon

G Block, Sector 20, Uttrakhand

Noida, Up

Advertisements

RTI Seeking Employment details from Company

September 10, 2011 Leave a comment

Application filed under the RTI Act, 2005

Ref:- RTI/AK/003/RTI10911                                                                                                                  Dated:- 10/09/2011

To,
The CAPIO
O/o EPF, APFC, Raghuraj Arcade,

Plot no. 15-B, Civil Line, Akola-444001
Maharashtra State.

  1. Name Of the Applicant:                                                                    XXXXXXXXX XXXXX
  2. Address for Communication:              XXXX, XXXXXXXXXXXXXXXX   XXXXXX XX,                                                                                                                             XXXX, XXXXXXXXXXXXXX-
  3. Particulars of Information Required:                                   Information on Employment Details.

i.     Period of Information:-                                               From   Jan 2000 till date.

ii.     Description of Information required:-
I wish to inform your kind perusal that, my wife XX XXX XXXXXXXXX D/o Mr/ XXXXXXXXX XXXXXXXXXXX, R/o XXXXXXXX,XXXXXXXX, XXXXXXXX, XXXXXXXXX have filed a criminal maintenance case against me, in which she have claimed that, “she is not working anywhere”, as per my information she was/is working in your branch.

In view of above I humbly request you to furnish me the following information through the RTI Act 2005, in the interest of justice.

Period for which information required : 2000 t0 till date.

A. Kindly provide me the details of the XX XXX XXXXXXXXX in which Branch of EPF she is working, kindly provide me the date of Joining and the latest salary slip / details along with the E.P.F no if any.

B. Kindly provide me the details of the XX XXX XXXXXXXXXin which Branch of EPF she has worked, if she had left the job kindly provide me the date of Joining & date of leaving the job and the last drawn salary slip / details along with the E.P.F no if any.

Request / Relief sought
a) The maintenance case section CRPC 125 is registered in Hon’ble Family Court, Akola.

b) The undersigned financial interest is affected in the matter, so undersigned is seeking legal relief from the Court.

c) The disclosure of financial details, mainly employment details of Smt Nayana Duchale would surely help me to show my innocence in court.

e) The disclosure of information sought is, therefore, in larger public interest. The information should therefore be provided.

f) BECAUSE, With Reference to CIC Decision No CIC/SG/A/2009/000106/3889 27 June 2009 in the case of Deep Public School D2, Vasant Kunj, New Delhi (The Commission has perused the information and does not see any merit in the exemption claimed under Section 8(1)(j) by the Chairman of the School-the third party. In view of this the information will have to be provided.)

g) BECAUSE, with reference to CIC Decision No CIC/AD/A/09/00366 Dated 4th May,2009(In this case Wife/Appellant asked certified copies of all documents of passport file including marriage certificate and application form as submitted in passport office. CPIO denied as per sec 8 (1)(j) CIC directed CPIO to provide information with remark Information being sought is not a thirt party information since the appellant is seeking information about hir leaglly wedded husband.

h) BECAUSE, with reference to CIC Decision No 3774/IC(A)2009 F.No CIC/MA/A/2009/000102 Dated 18th March,2009: ( In this matter wife asked information about her husbands medical expenses, service record etc CPIO denied citing section 8 1(J) . Honorable IC M.M.Ansari directed the CPIO to provide all information citing Since appellant is legally married wife with a child and has asked for details about her husband, there is no justification in withholding any part of information to the appellant as it would assist in resolving the issue by the competent authorityAs long as couple is not legally seperated refusal to share information …is untenable.

i) BECAUSE, with reference to CIC Decision No 1816/IC/(A)/2008 F.No. CIC/MA/A/2007/00583 Dated 10th Jan,2008(In this matter husband asked PF detail of wife. CPIO denied citing section 8(1)(j) .CIC directed CPIO to provide information to husband with remark The appellants financial interest is affected in the matter, as he is seeking legal relief from the court

j) BECAUSE, with reference to CIC Decision No 2993IC(A)/2008 F. NO. CIC/MA/A/2008/00866 Dated 5th Aug. 2008 (In this case Wife asked whereabouts/residential Address of her husband working in ONGC,CPIO denied citing sec 8(1)(j) .CIC directed to provide information.

Initial fee of Rs10/- in the way of Court Stamp Fee has been enclosed with application as prescribed under Right to Information Rules 2005.

It is requested that, the applicant is a citizen of India, would like to receive the above said information at most urgent on the address mentioned below. For any clarification contact undersigned at, Mobile No: 9923005066 or at address given below.

It is submitted that, the above information pertains to your esteemed office in your statutory capacity as CAPIO under section 5 (1) of RTI Act read with 5(4) and 5(5) of the RTI Act, 2005.

Undersigned is ready to pay processing fee (if any) required to furnish above said information.

Now, at the end, I may reasonably expect that, honorable PIO will honor the decisions of CIC as stated above while making decision on this RTI application so that, at least the wastage of time of higher authorities in further proceedings and Legal hassle could be avoided in appeal while discussing the same matter.
Thanks & Regards,

XX XXX XXXXXXXXX

Mob:- XXXXXXXXXXX

Address:-

Categories: RTI, RTI with Wife's Employer Tags:
Fight for Justice

A crusaders blog for inspiring thought.

Stand up for your rights

Gender biased laws

MyNation Foundation - News

News Articles from MyNation, india - News you can use

498afighthard's Blog

Raising Awareness About Gender Biased Laws and its misuse In India

The WordPress.com Blog

The latest news on WordPress.com and the WordPress community.