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CIC-Husband entittle to get copies of complaints filed by his mother underneath RTI Act

CENTRAL INFORMATION COMMISSION
ROOM NO. 329, SECOND FLOOR, C-WING
August Kranti Bhawan, Bhikaji Cama Place,
New Delhi-110066
Tel. No. 91-11-26717356

F.No.CIC/SS/A/2013/000668-YA

Date of Hearing                                                : 06.08.2014
Date of Decision                                               : 06.08.2014

Appellant :                                                         Shri V. Ayyappan,Bangalore

Respondent                                                       : Shri T.Bairavaswamy,SP/PIO UT of Pondicherry,Puducherry

Information Commissioner                         : Shri Yashovardhan Azad

Relevant fact rising from appeal:

RTI Application filed on                                 : 25.09.2012
PIO replied on                                                   : 24.10.2012
First Appeal filed on                                        : 02.11.2012
First Appellate Authority (FAA) sequence on : 13.12.2012
Second Appeal perceived on                         : 13.02.2013

 

Information sought:

 

Appellant sought a duplicate of a complaint, filed opposite him by his mother in a Police hire during Puducherry with a duplicate of enquiry news and copies of a statements given by a appellant and Smt. S.P. Nivedha.

Relevant contribution rising during hearing:

Both a parties are present. Appellant filed an RTI focus on 25.09.2012 seeking duplicate of a complaint, filed opposite him by his mother in a Police hire during Puducherry with a duplicate of enquiry news and copies of a statements given by a appellant and Smt. S.P. Nivedha. PIO on 24.10.2012 refused to give information saying therein that a information could not be supposing underneath a supplies of Sec 8(1)(g) of a RTI Act as avowal of a same might discredit a life or earthy reserve of a appellant’s mother who resides in Puducherry. The First Appellate Authority vide his sequence antiquated 13.12.2012 destined a PIO to allow a duplicate of a matter given by a appellant, if recorded, unless a matter was compulsory for any rapist case. Appellant settled that he wanted copies of matter by his mother and a enquiry news in tie with a upkeep box going on in a polite court. He also settled that his mother had filed another censure opposite him in Dindigul (Tamil Nadu), duplicate of that was done accessible to him by his RTI application.

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Respondent settled that on 11.07.2012 a censure was lodged by a appellant’s mother opposite a appellant and his relatives per dowry harassment, reserve and security.The appellant was called for exploration during that both a parties concluded on 28.07.2012 by sealed statements, to settle a emanate by coming a family court. Subsequently, a appellant asked for duplicate of wife’s censure and a exploration news that was denied to him by invoking grant underneath territory 8 (1) (g) of a RTI Act.

Decision:

It is transparent from examination of annals and a statements by a appellant and a respondent during a conference that a appellant and his mother are intent in a sour marital brawl and upkeep box in this courtesy is ongoing in a polite court. Appellant’s mother filed complaints opposite a appellant in not one though dual military stations. The Puducherry military has refused to give a duplicate of a censure by a appellants mother and exploration report, on drift of earthy safety, by invoking grant underneath territory 8(1) (g) of a RTI Act. The respondent was not means to explain as to how a earthy risk to a wife’s reserve is extended by a appellant meaningful a essence of her complaint, given a piece of her charges is already famous by a essence of a censure filed in another military hire done accessible to him by another RTI Application. Since a exploration by Puducherry Police is over and a Complainant is signatory to a minute by a both parties for coming a family court, due to that exploration was closed- clearly strengthens his explain to get a duplicate of a documents. The exploration is also not compulsory in other cases.

The appellant has settled that he needs a papers for his defence/strengthening his box in a upkeep fit filed in a polite court. Besides, a appellant has not asked for any personal sum of his mother though usually a essence of papers relating to a charges opposite him.

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In perspective of above, the Commission does not accept a drift taken by a respondents for rejection of information underneath Section 8(1) (g) of a RTI Act. The Commission leads a respondents to yield a information sought in a RTI focus to appellant, within dual weeks of a receipt of this order, underneath sign to a Commission.

The interest is likely of accordingly.

(Yashovardhan Azad)
Information Commissioner

Authenticated loyal copy. Additional copies of orders shall be granted opposite focus and remuneration of a charges prescribed underneath a Act to a CPIO of this Commission.

(Tarun Kumar)
Joint Secretary Additional Registrar

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