[rti4empowerment] missue of RTI Act -2005, sec 8(1)(e) and (j) by PIO,s (income tax department), FAA & Information commissioners

 

Sec 8(1)(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. PIO has to discuss with competent authority(CA) whether the information can disclose. If CA was stastified then only PIO can disclose information. Here CA means (i) speaker in the case of house of people or legislative assembly (ii) Chief justice of India in the case of Supreme court of India. (iii) chief justice of the High Court in the case of a High Court. (iv) president or Governor as the case may be authorities established or constituted by the or under the Constitution (v) the administrator appointed under article 239 of the Constitution. PIO of income tax department and other department rejecting many RTI application u/s 8(1)(e), First Appellate Authority and information commissioner are also UPhold the PIO decision. Here PIO does not have power to take individual decision. RTI Act -2005, sec 8(1)(j) applicable for the information submitted by 3rdparty has confidential only. informed in course material submitted supplied by rti.gov.in. link http://rtiocc.cgg.gov.in. Most of PIO,s (income tax department), First Appellate Authority and Information commissioners are misusing sec 8(1)(j).

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