Formats RTI / TEP / Others

NOTE: THESE ARE FORMATS THAT VARIOUS COMMANDOS HAVE USED FOR THEIR OWN CASES. THESE MAY OR MAY NOT BE APPLICABLE TO YOUR CASE.

USE THESE ONLY AS REFERENCE AND DON’T WORK AS COPY-PASTE.

RTI for obtaining information from private companies

Public Information Officer,
Address line 1
Address line 2
City, State.

1. Name of the Applicant:

2. Address with Phone Number:
3. Particulars of the Information Required:

Please provide information as per below list related to M/s.XXXX Ltd, (BSE Code: XXXX, Company CIN : AXXXXXXXXXXXXXXX) having registered office at ADDRESS by obtaining information from the said entity under Section 2 [f] of RTI Act 2005, which is reproduced here under for your kind reference:

Section 2 [f] ”information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force;

Please provide the following details of XXXXXX S/o YYYYY, who is working as DESIGNATION in DEPARTMENT of XXXXX Ltd, ADDRESS and residing at ADDRESS, with relevant documents copy.

1. Date of joining on the services with XXXX Ltd.

2. Pay scale details with break up.
3. Details of promotion and departmental enquires on him, if any
4. Details of his official visits to Chennai from Aug 2005 to Mar 2009, with dates and purpose of the visit.
5. Total amount paid to him as travel expenses, boarding expenses and Incidental expenses during the period from ----- to ------.
6. Number of leaves he had taken during the period from ----- to ------, with dates.

4. Details of payment of application fee:

Non-judicial court fee stamp of Rs.10/- is affixed herein as fee.

Yours truly,

Marriage Certificate through RTI

BY SPEED POST
From, Date: xxxxxxx
Your Name
Your Address
xxxxxxxxxxxx
xxxxxxxxxxxxx
Mob : xxxxxxxxxxxx

Public Information Officer,
The Inspecor General of Registration,

Sir/Madam,

Sub: Request for Information under RTI Act 2005

Ref: Marriage Certificate of (Your Name) and (name of your soon to be Ex-Wife) at SRO xxx (name place where you registered)

1. Please provide attested copy of the Marriage Certificate of xxxxxx and xxxxxxxx whose marriage was registered on (date) at SRO xxxxx

2. Please provide the attested copy of the application provided (front and back of Page of – RULE 5) for the registration of the above marriage with reference to this marriage certificate.

I am affixing one number of 20/- Postal Order towards the processing fees of Rs. 10/- for this application and Rs. 10/- towards copying charges.

If the processing fees for this application and the fees towards copying charges are in-sufficient to provide the above requests, please follow the provisions of section 7 (3) (a), (b) of the RTI Act 2005.

If you feel that the requested information doesn’t come under your department please follow the provisions of section 6 (3) of RTI Act 2005.

I request that the information requested may be provided at the earliest.

Thanking you, in anticipation I remain;

Yours sincerely

(Your Name)

First Appeal in case of No RTI reply in 48 hrs under Life or Liberty

To Date xx/xx/2010
Appellate Authority
Joint Commissioner of Police

Sub:- Appeal u/s 19(1) r/w Section 20 of RTI Act 2005 for Matter arising out of absence of any response from the Public Information Officer within prescribed time.

References:-
1. RTI Application dated xx/xx/2010 (Annexure 1)

Sir
The applicant/undersigned is compelled to make this appeal as the Public Information Officer, xxxxxxxxxx, New Delhi has not supplied any information in regards to above mentioned references till date and hence deemed refused in view of section 7(2) of RTI Act 2005.

The requisite time for supply of information (48 hrs under Life and Liberty vide section 7(1)) has already expired. The RTI application was filed for reply within 48 hrs as the information concerns life and liberty of the applicant is restricted being in arrest as per records of P.S. xxxx vide FIR No. xx/xxxx.

It appears from the above mentioned facts that the staff of RTI Cell of xxxxxxxxx, Delhi has no honor and regard for the Constitution of India, RTI Act 2005 as well as for the directions of Hon’ble Supreme Court of India as they deliberately, malafidely and negligently refused and overlooked to the directions of citation referred in the RTI Applications explaining the matter of Life and Liberty and hence are guilty of Contempt of RTI Act as well as of Hon’ble Supreme Court Order. The applicant while requesting information, relied on the case of Sheela Barse V. State of Maharashtra, AIR 1983 SC 378 where it was held that :-

The operation of Art. 21, insofar as it imposes procedural limitation on a law that effects personal liberty, commences as soon as interference with personal liberty commences and ends only when that interference ceases. Hence, this article becomes relevant as soon a person is arrested, and it remains relevant so long as he remains subject to a criminal prosecution that has resulted or might result in the deprivation of his personal liberty.

It is therefore the applicant/undersigned most humbly prays to dispose off this appeal within 48 hrs as the matter pertains to life and liberty as explained above with the followings in this regard in the interest of justice :-

1. The Public information Officer be directed to immediately release the complete information as requested vide all applications/letters mentioned in Reference above.

2. The requested information may kindly be furnished vide independent replies in reference to aforementioned 3 letters in place of single reply.

3. The applicant/undersigned make kindly be exempted in view of section 7(6) of RTI Act 2005 from payment of any fee payable by me on account of default on the part of PIO to supply information within prescribed time.

4. To initiate action u/s 20 of RTI Act 2005 as well as section 166 of IPC against the concerned staff responsible for delay

Enclosures :-
Annexure 1:- RTI application dated __________
Name
Address

RTI for Information within 48 hrs under Life or Liberty

To Date xx/xx/xx
Public Information Officer
Police Headquarters,

Sub:- Request for information under section 6 & 7 of RTI Act 2005 within 48 hrs. regarding file movement in Delhi Police vide no. xxxxxxxx

Sir

It is submitted that xxx letters were issued by the xxxxxxxxxx vide no. xxxxxxxxx dated xx/xx/xxxx asking for the para/point vise reply to the rejoinder submitted by the applicant. The subsequent reminder vide dated xx/xx/xxxx and then again on xx/xx/xxxx (Annexure 1) were sent to DCP/HQ, Delhi, when no report was furnished within prescribed time duration by the office of DCP/HQ, Delhi to office of xxxxx, Delhi.

It is further submitted that when the applicant personally approached the office of DCP/HQ on xx/xx/xxxx, he was directed to contact the O/o Joint C.P., xxxxx, and from there it was stated that the file is sent to O/o Joint C.P. Southern Range. When the applicant approached the O/o Joint. C.P., xxxxxxxxxx, it was learnt that aforementioned file has been sent to DCP/xxxx and the reply is awaited.

It appears from the aforementioned facts that the concerned offices/officers/staff of Delhi Police has no honor and regard for the directions of Hon’ble Commissions, instituted vide the provisions of Constitution of India and hence causing intentional/deliberate delay in right to justice and hence the life and liberty of the applicant is being held at stake in the hands of concerned dealing officials.

It is therefore requested that the following information u/s 6 & 7 of RTI Act 2005 may kindly be furnished :-

1. Kindly provide the certified copies of all letters issued by the concerned offices of Delhi Police in respect of movement of file in matter vide no. xxxxxxxxxxx.

2. Kindly provide the justified reason as on record for forwarding the file to the concerned Office/Officer of Delhi Police with the specific para/point nos. of the aforementioned file, because it is apprehended that the aforementioned file is being sent to un-concerned offices for causing deliberate/intentional delay in adjudication of matter.

3. Kindly provide the reason for transferring the file to the O/o DCP/xxxx Distt., by the concerned staff/officer of office of Joint C.P. xxxxx Range, when there is no point related to xxxx Distt. existed in the Rejoinder submitted by the applicant.

4. Kindly intimate the reason as on record for sending the file to different offices/districts when the same can be enquired as per provisions of section 178 of Cr.P.C.

5. Kindly provide the duration in days within which the reply/report to be dispatched in such matters by the concerned office.

6. Kindly provide the certified copy of all Diary Dispatch numbers through which the aforementioned file is moved from one office to another till the file is sent to NCSC, Delhi or till the disposal of this RTI Application, whichever is earlier.

7. Kindly provide the name, rank and belt number, offices of all the officials including clerical staff, who dealt with the aforementioned file till the disposal of this RTI Application.

8. Kindly provide the provision of punishment available for officials deliberately delaying the disposal of matter.

9. Kindly provide details from records the action taken on officials if any, found causing deliberate, negligent delay of the matter by transferring the aforementioned file to office of no concerned.

10. Kindly provide the each and every movement details of this RTI application till its disposal.

The Postal Order no. xxxxxx is attached herewith as requisite fee under RTI Act 2005. The requisite information shall be furnished within 48 hrs as per section 7(1) or RTI Act 2005 as the information also concerns life and liberty as applicable vide Article 21 of Constitution of India being applicant in arrest as per records of P.S. xxxxxx in FIR No. xxx/xxxx. In this regard reference is in case of Sheela Barse V. State of Maharashtra AIR 1983 SC 378 where it was held as follows :-

The operation of Art. 21, insofar as it imposes procedural limitation on a law that effects personal liberty, commences as soon as interference with personal liberty commences and ends only when that interference ceases. Hence, this article becomes relevant as soon a person is arrested, and it remains relevant so long as he remains subject to a criminal prosecution that has resulted or might result in the deprivation of his personal liberty

The information shall be supplied free of charge in compliance of section 7(6) or RTI Act 2005 in case of delay.

Enclosures:-
Annexure 1:- Copy of letter dated xx/xx/xxxx from xxxxxx,
Name
Address

RTI - LAW - Double maintenance - legal affair dept

Dt.
To,
M.K Sharma,
CPIO and Additional Legal Adviser
Ministry of Law & Justice, Deptt. of Legal Affairs
Room No. 417-A,
A-Wing, Shastri Bhawan,
New Delhi - 110001

Sub: A petition for information under “Right to information act–2005” regarding “Multiple provision of maintenance for wife in family dispute”

Enclosed a postal order no: of each Rs. 10-00 in favour of the accounts officer, Legal affairs, Ministry of Law & Justice, New Delhi.

Dear Sir,

ABOUT MYSELF: I am ______, a resident of_________, state:___________

ISSUE: This is a petition under “Right to information act–2005” regarding “Multiple provision of maintenance for wife in family dispute” I want to bring to your kind attention and notice a recent trend in the courts dealing with the family disputes between husband and wife. In case of dispute between husband and wife reaching courts the wife is seeking maintenance from the husband under various provisions of the law. In case the couple is Hindus then it is seen that the wife is seeking maintenance under atleast three provisions.

1. Domestic violence act:

I have reproduced the section 20(3) of the Domestic violence act below.

20(3) the Magistrate shall have the power to order an appropriate lump sum payment or monthly payments of maintenance, as the nature and circumstances of the case may require.

2. Code of Criminal Procedure 1973:

I have reproduced the section 125 of Code of Criminal Procedure 1973 below.
125. Order for maintenance of wives, children and parents.
(1) If any person leaving sufficient means neglects or refuses to maintain-
(a) His wife, unable to maintain herself, or
(b) His legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or
(c) His legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or
(d) His father or mother, unable to maintain himself or herself,

A Magistrate of' the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate as such magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct.

3. The Hindu Marriage Act , 1955:

I have reproduced the section 25 of Code of Criminal Procedure 1973 below.

25. Permanent alimony and maintenance.- (1) Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be, order that the respondent shall, while the applicant remains unmarried, pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent's own income and other property, if any, the income and other property of the applicant and the conduct of the parties, it may seem to the court to be just, and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent.

It is seen as a trend in the courts dealing with the family disputes between husband and wife that in order to harass the husband, wifes are filing for maintenance under all the available sections, Acts and forums with identical petitions with identical relief. In turn the husbands are running around all the courts with defending all the cases wherein identical accusations are made. This amounts to “Double jeopardy” for husbands. Even in various acts and also in constitution of India it barred to put a person on trial for same offence twice.

1. Section 71, second Para, Indian Penal Code.
“Section 71. Limit of punishment of offence made up of several offences
Where anything which is an offence is made up of parts, any of which parts is itself an offence, the offender shall not be punished with the punishment of more than one of such his offences, unless it be so expressly provided.
[Where anything is an offence falling within two or more separate definitions of any law in force for the time being by which offences are defined or punished, or
Where several acts, of which one or more than one would by itself or themselves constitute an offence, constitute, when combined, a different offence,
The offender shall not be punished with a more severe punishment then the Court which tries him could award for any one such offences.]”

2. Section 26, General Clauses Act, 1897.
“26. Provisions as to offences punishable under two or more enactments.- Where an act or omission constitutes an offence under two or more enactments, then the offender shall be liable to be prosecuted and punished under either or any of those enactments, but shall not be liable to be punished twice for the same offence.”

3. Article 20, Constitution of India.
20. Protection in respect of conviction for offences.—(1) No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the Act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.
(2) No person shall be prosecuted and punished for the same offence more than once.
(3) No person accused of any offence shall be compelled to be a witness against himself.

4. Section 300 of the Code of Criminal Procedure, 1973 lays down;
“300. Persons once convicted or acquitted not to be tried for same offence—
(1) A person who has once been tried by a Court of competent jurisdiction for an offence and convicted or acquitted of such offence shall, while such conviction or acquittal remains in force, not be liable to be tried again for the same offence, nor on the same facts for any other offence for which a different charge from the one made against him might have been made under sub-section (1) of Section 221, or for which he might have been convicted under sub-section (2) thereof”.

SUGGESTIONS:
So it is clear that even though there is a bar on “Double jeopardy” in the constitution of India and in various other acts but still courts are allowing and accepting multiple maintenance petitions. Only way to solve this issue is by simplifying the maintenance laws in India i.e. by allowing maintenance just under one act and by abolishing all other maintenance under all other acts.

REQUEST FOR INFORMATION:
Dear Sir, please provide me the following information.
1. Is your department aware about the issues faced by lakhs of husbands facing maintenance cases under different sections of the Acts.
2. Is your department aware about loss of precious times of the various courts in deciding the same issue under various acts?
3. If the answers to the above questions are yes, then what steps are being taken by your department/ministry to address this issues.

Thanking you sir,

Yours truly,

RTI NCW widows ignored

APPLICATION UNDER THE RIGHT TO INFORMATION ACT 2005
FORM-A (section 6(1) and 7(1) of the RTI Act, 2005)

1. Full Name of the Applicant:
2. Address:
3. Designation and Address of the Public Information Officer from whom information is required:

Public Information Officer,

National Commission for Women,
4, Deen Dayal Upadhayaya Marg,
New Delhi-110002.

4. Details of the document/ Inspection/ Samples required:
Referring to the details below of news about an ongoing PIL in Supreme Court on plight of widows, and also Supreme Court’s order also available at webpage link: http://timesofindia.indiatimes.com/india/NCW-ignores-SC-order-on-plight-of-widows/articleshow/5782592.cms

Kindly provide the following information related to above:
a. Is the NCW aware that the SC had said the below "To get a fair and detailed information about these widows, we request the National Commission for Women to have a comprehensive survey of the problem and file a report within three months. The report should contain the age group of widows, their family background and all other information which are materially relevant for the purpose of this case."

b. Please provide the Name and designation of all people who have been assigned to this comprehensive survey.

c. Please provide the Name and designation of all people who have been assigned to this report.

d. Was the report filed within the stipulated 3 months time as was mandated by the apex court? If no please provide the information behind such delays. If no, does the NCW have a date when the report will be filed?

e. Please state what disciplinary action the NCW has recommended against the people for not following the Supreme Court guidelines for filing the report. If no disciplinary action was taken please state the reasons thereof.

f. Did NCW send a reply to the Supreme Court for not abiding for the directions given by the court? If yes, please provide copy of the official communication / legal communication / explanation provided by the NCW for not completing this survey and submitting the report. Please provide the latest copy of the survey report even if it in progress or incomplete.

g. Please provide complete budget that was sanctioned and so far by the NCW for this survey.

h. Please provide the number of times the NCW personnel have visited Varanasi for conducting the survey.

i. Please provide detailed breakup of all expenses, incurred by each person along with the name and designation, related to Travel, Accommodation, Telephone, Meals, and any other miscellaneous expenses borne by NCW personnel in connection to this survey and subsequent report.

5. Year to which the above pertains: Refer to point 4 (a) above.

Kindly provide information to each point separately. No clubbing of points even if information is repeated.

It is submitted that the above information sought does not fall within the exemptions U/S 8 of RTI Act, 2005 and to the best of my knowledge it pertains to your esteemed office in your statutory capacity as PIO u/s 5 (1) of RTI Act read with 5(4) and 5(5) of the RTI Act, 2005.

If you feel that the requested information doesn’t come under your office, please follow the provisions of section 6 (3) of RTI Act 2005 and Kindly also intimate me i.e Applicant through registered / speed post to whom you are forwarding / transferring my application as prescribes in RTI ACT 2005.

Applicant may be supplied information under proactive disclosure under section 4 (1) (b) of RTI Act of your office / department.

Kindly provide me the name & designation of the officer who is providing this information along with the details of appellant authority along with name & designation, as there is every apprehension that the information being provided to me will not be relevant and will be misleading.

Further it is requested that the applicant (a citizen of India) would like to receive the above said information by post on the address mentioned below, within 30days (thirty days). As prescribed under the Right of Information rule /Act.

Thanking You & Regard

Your Name

Encl 1: News story in Times of India dated 11th Apr 2010 with headline “NCW ignores SC order on plight of widows”

First Appeal TEP RTI

Reference No:

Dated: __________

To,
Appellant Authority

Sub: - First Appeal under 19 (1) of RTI Act, 2005

Reference: _____________dated ________________

Dear Sir /Madam,

The appellant is constrained to file a First Appeal u/s 19 (1) of RTI Act to your esteemed office against not providing information by CPIO

The brief FACTS of this matter are:-

That the appellant has submitted RTI application under RTI Act 2005 to “in the office of CPIO, Range-VI, O/o Add Commissioner of IncomeTax – Range--------- (Attached as Annexure-A).

That the “CPIO has not provided any answer of my application or manipulated the answer. (Attached CPIO replies as Annexure-B)

My GROUNDS for the appeal are as follows:-

BECAUSE, Smt --------- D/o Shri ---------- admitted an expenditure of Rs.----- lacks by her parents in her own Shri ----------- may have taken a bribe or collect Rs. -------lacks from undisclosed sources because of such kind of people our country is facing money loss in present case servey u/s 133A(5) is required by Income Tax.

• Since total expenditure of Rs -------- lacs has been claimed by in-laws, so it is a natural curiosity that what was the source of fund .If you disclose it then doubt of black money will be removed from my mind and this way the information will fulfill the objective of RTI to check the corruption as said by Hon'ble justice Shri Pradeep Kant in the recent judgement under Writ Petition No. 3262 (MB) of 2008,Public Information OfficerVs. State Information Commission, U.P. and others,
“....Our Constitution establishes a democratic republic. Democracy requires an informed citizenry and transparency of information which are vital to its functioning........The purpose and object of the act is not only to provide information but to keep a check on corruption, and for that matter confers a right upon the citizens to have the necessary information, ….”

2. BECAUSE Mr FIL NAME may be taken bribe of evaded tax as they have claimed XYZ lacs spent in marriage and because of such kind of people our contry is facing Money Loss in present case servey u/s 133A(5) for marriage expenditure is required by Income Tax Officer.

3. BECAUSE, The appellant has enclosed a copy of relevant judgments before CPIO, along with original application which is a same kind of TEP / RTI matter related to dowry matter “Honorable High Court wide Decision No WP(C) No.3114/2007

In view of the foregoing discussion the order of the CIC dated 8th May 2006 in so far as it withholds information until tax recovery orders are made, is set aside. The second and third respondents are directed to release the information sought, on the basis of the materials available and collected with them, within two weeks.

This Court takes a serious note of the two year delay in releasing information, the lack of adequate reasoning in the orders of the Public Information Officer and the Appellate Authority and the lack of application of mind in relation to the nature of information sought. The materials on record clearly show the lackadaisical approach of the second and third respondent in releasing the information sought.

4. BECAUSE, Honorable Chief Information Commissioner Shri Shailesh Gandhi Wide Decision No. CIC/LS/A/2009/000647/SG/5887 dated 14-12-2009 in TEP / RTI matter where he defines the concept Section 8(1)(h) of the Act provides-

8. (1) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen,—

(h) information which would impede the process of investigation or apprehension or prosecution of offenders;

Dr. Naresh Trehan, one of the third parties, and the Department have relied on this ground of exemption. Both parties have stated that as the process of assessment has not been finalized till date and Investigation is still underway, exemption under Section 8(1)(h) applies. But the mere fact that an investigation is underway and that assessment has not been finalized is not a sufficient ground for the application of Section 8(1)(h).

The High Court of Delhi has held in Bhagat Singh v. CIC & Ors. WP (C) No. 3114/2007 that-

“It is apparent that the mere existence of an investigation process cannot be a ground for refusal of the information; the authority withholding information must show satisfactory reasons as to why the release of such information would hamper the investigation process. Such reasons should be germane, and the opinion of the process being hampered should be reasonable and based on some material. Sans this consideration, Section 8(1)(h) and other such provisions would become the haven for dodging demands for information” The PIO has contention that,

“Logically no investigation could be said to be complete unless it has reached a point where the final decision on the basis of that investigation is taken. In this context the progress of assessments are therefore exempt from disclosure under Section 8(1)(h)”, only states that the investigation is not over. No claim has been made that the process of investigation would be impeded in any manner.

Neither party has been able to establish before the Commission how the disclosure of information to the Appellant would impede the process of investigation. Therefore, Section 8(1)(h) cannot be applied in the present case to claim exemption from disclosure of information.

The disclosure of the information would lead to unwarranted invasion of the privacy of the individual.

Certain human rights such as liberty, freedom of expression or right to life are universal and therefore would apply uniformly to all human-beings worldwide. However, the concept of 'privacy' is a cultural notion, related to social norms, and different societies would look at these differently. Therefore referring to laws of other countries to define ‘privacy’ cannot be considered a valid exercise to constrain the Citizen’s fundamental Right to Information in India. Parliament has not codified the right to privacy so far, hence in balancing the Right to Information of Citizens and the individual's Right to Privacy the Citizen's Right to Information would be given greater weightage.

5. BECAUSE, Honorable Central Information Commissioner Prof. M.M. Ansari Wide Decision No.174/IC(A)/2006 in same kind of TEP/RTI matter :

Every action taken by public bodies or public servants and its outcome should be under the domain of public for open scrutiny. It follows that the proceedings initiated by the income-tax department, in pursuance of the tax evasions petition (TEP), and its outcomes should be disclosed, even without asking for such information by the petitioners.

As regards the disclosure of tax assessment orders passed by the assessing officers is concerned, such documents should also be disclosed provided that larger public interest such as containing corruption is served. In the present case, the appellant has not established as to what is the overriding public interest in disclosing the details of tax assessment orders which contains confidential business and financial transactions of the assessees. Unless the case of public interest is established, the disclosure of such information would tantamount to unwarranted invasion of privacy of assessees. Therefore, the decision of appellate authority is upheld. The CPIO is, however, directed to furnish the Action Taken Report on the TEP filed by the appellant. The appeal is accordingly disposed of.

6. BECAUSE, Honorable Central Information Commissioner Shri M.L.Shrma wide Decision No. CIC/AT/A/2008/01389 dated 28-01-2009 in a same kind of RTI of dowry matter direct AA Income Tax

In view of the above, Ms. Vandana Ramachandran (AA) is hereby directed to disclose the above mentioned information to the Appellant within two weeks time.

7. BECAUSE, Honorable Information Commissioner Shri Sailesh Gandhi of CIC bearing his Decision No. CIC/SG/C/2009/000702/4128 dated 14-07-2009 where he defines the concept of privacy, which may act as a guidance for every public information officer

This information is very important for the Complainant as he is facing a threat of arrest and needs the information to prove his innocence. Not granting such information clearly leads to violation of the fundamental right of the Complainant as provided under Article 21 of the Constitution. If The Complainant has more than one way of seeking remedy he has the freedom to opt for the way which is more convenient for him. No claim has been made by the PIO of any exemption under the RTI Act to deny the information. If a Public Authority has a procedure of disclosing certain information which can also be accessed by a Citizen using the Right to Information Act, it is the Citizen’s prerogative to decide which route he wishes to take. The existence of another method of accessing information cannot be a justification to deny the Citizen his freedom to exercise his fundamental right codified under the Right to Information Act. If the Parliament wanted to restrict this right, it would have been stated expressly in the Act. Nobody else has the right to constrain or limit the rights of the Sovereign Citizen. There is no provision in the Right to Information Act which restrains the Citizen’s right to use it if another route to access information has been offered. It is a Citizen’s right to use the most convenient and efficacious means available to him.

8. BECAUSE, Honorable Chief Information Commissioner Shri Wajahat Habibullah of CIC bearing no CIC/WB/A/2007/00064 dated 19-11-2007 where he defines the concept of privacy ,which may act as a guidance for every public information officer “We have in earlier decisions also sought guidance from the U.K. Data Protection Act, 1998 on the definition of private information u/s 2, which defines ‘Sensitive Personal Data’, which reads as follows:

In this Act “sensitive personal data” means personal data consisting of information as to:
a) The racial or ethnic origin of the data subject
b) His political opinions
c) His religious beliefs or other beliefs of a similar nature
d) Whether he is a member of a Trade Union
e) His physical or mental health or condition
f) His sexual life
g) The commission or alleged commission by him of any offence
h) Any proceedings for any offence committed or alleged to have been committed by him, the disposal of such proceedings or the sentence of any court in such proceedings.

If we were to construe privacy to mean protection of personal data, this would be a suitable reference point to help define the concept.”

9. BECAUSE, “In Peoples Union of Civil Liberties Vs. Union of India, however, in his judgment of 13.2.2003 Shri P.V. Reddy J. has ruled as follows :

"When there is a competition between the right to privacy of an individual and the right to information of the citizens, the former right has to be subordinated to the latter right as it serves larger public interest. The right to know about the candidate who intends to become a public figure and a representative of the people would not be effective and real if only truncated information of the assets and liabilities is given.”

10. BECAUSE, Further for contesting the election every candidate is required to provide information regarding his property/assets during filing of nomination which is disclosed even in news papers and media so that every citizen can know the assets of the candidate. When such rigorous norms are fixed for Candidates for elections, who are in service for only the limited term of their office, the government servants, engaged in life long service cannot be exempted. Rather I am of the opinion that the public authorities should Suo Moto publish these information in their official websites under Section 4 of the RTI Act. This action is expected in the light of decision of Hon’ble Supreme Court of India in ‘Civil Appeal No. 7178 of 2001- Union of India Vs Association for Democratic Reforms and another’

11. BECAUSE, It becomes increasingly imminent and added responsibility of the concerned authorities to make an enquiry into such allegations and ascertain the actual truth behind the true source, if any, of these alleged payments / expenses, so as that innocent people like me does not get harassed due to the ultier motives of some mischievous people.

12. BECAUSE, Sections 8 did not justify withholding of the said information, but incorrectly applied Sec 8 of the Act. He submits that the disclosure of the said information could not in any way impede the investigation process and that the Respondents have not given any reasons as to how such disclosure would hamper investigation. On the other hand, contends, the information would only help in absolving undersigned from the false prosecution and criminal harassment.

13. BECAUSE, as to the issue of whether the investigation has been complete or not, I think that the authorities have not applied their mind about the nature of information sought. As is submitted by the Petitioner, he merely seeks access to the preliminary reports investigation pursuant to which notices under Sections 131, 143(2), 148 of the Income Tax have been issued and not as to the outcome of the investigation and reassessment carried on by the Assessing Officer. As held in the preceding part of the judgment, without a disclosure as to how the investigation process would be hampered by sharing the materials collected till the notices were issued to the assesses, the respondents could not have rejected the request for granting information.

14. BECAUSE, Access to information, under Section 3 of the Act, is the rule and exemptions under Section 8, the exception. Section 8 being a restriction on this fundamental right, must therefore is to be strictly construed. It should not be interpreted in manner as to shadow the very right itself. Under Section 8, exemption from releasing information is granted if it would impede the process of investigation or the prosecution of the offenders. It is apparent that the mere existence of an investigation process cannot be a ground for refusal of the information; the authority withholding information must show satisfactory reasons as to why the release of such information would hamper the investigation process. Such reasons should be germane, and the opinion of the process being hampered should be reasonable and based on some material. Sans this consideration, Section 8(1)(h) and other such provisions would become the haven for dodging demands for information.

15. BECAUSE, The State has no right to invade the privacy of an individual. There are some extraordinary situations where the State may be allowed to invade the privacy of a Citizen. In those circumstances special provisions of the law apply; usually with certain safeguards.

Therefore where the State routinely obtains information from Citizens, this information is in relationship to a public activity and will not be an intrusion on privacy. As this information has been provided by the assessee to meet his legal obligations, there is no unwarranted invasion of his privacy by the state. Therefore the disclosure of the same information to another person cannot be construed as being an unwarranted invasion of the privacy of the individual. Given our dismal record of misgovernance and rampant corruption which colludes to deny Citizens their essential rights and dignity, it is in the fitness of things that the Citizen’s Right to Information is given greater primacy with regard to privacy. Hence information provided by individuals in fulfillment of statutory requirements will not be covered by the exemption under Section 8 (1) (j). Citizen’s Right to Information is given greater primacy with regard to privacy.

16. BECAUSE, as per provision of the act before the rejection of the application on the ground of the CPIO should asked the third party and also should have given me a opportunity to present my case.

17. BECAUSE, the large public interest which overwrites the third party interest, the PIO has failed to act so.

18. BECAUSE, the PIO has failed to access the information available to him in his statutory capacity as PIO u/s 5(1) of RTI Act read with 5 (4) and 5 (5) of the RTI Act.

According the appellant is constrained to PRAY for the following reliefs:

That the PIO be ordered to provide the appellant the requested information forthwith

2. That a personal hearing be afforded to the appellant u/s 19(5) of RTI Act and interests of natural justice in the event the PIO opts to justify and/ or prove the willful denial of information to the appellant.

3. That a copy of comments/ reply of PIO, if any, to this First Appeal be provided to the appellant well in advance of the hearing date.

Moreover as per RTI act 2005 section 8(j) itself it is written that “Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person”

Now at the end I may reasonably expect that honorable CPIO & Addl. Commissioner of Income Tax will honor the numerous decisions of CIC and Honorable High court as stated above while making decision on this appeal so that at least the wastage of time for honorable CIT / CIC could be avoided in second appeal while discussing the same matter.

Yours Truly,

Your Name

Address

Verification

I, the deponent named herein do verify that the facts as narrated above are true and correct to my best knowledge and belief.

Deponent
(YOUR NAME)

Enclosures : As Above

Tax Evasion Petition

Dated: ___________
To,
Chief Commissioner Of Income Tax
_____________________________
_____________________________

Sub: Tax Evasion Petition against Shri. XYZ S/o Shri ABC

Dear Sir/ Madam,

This is a tax evasion complaint against Shri XYZ S/o Late Shri ABC whose details are:

Residence Address: ____________ Office / Business address __________

Background

Smt. 498ª WIFE D/o Shri. XYZ has framed a false dowry complaint under section 498a/323/504/506 of IPC and under section ¾ Dowry prohibition act .It has been claimed by Smt 498 A WIFE in her own admission that Shri XYZ & Smt XYZ WIFE had spent over Rs __ lacs in the marriage on MAY, 2004 (in financial year 2004-2005)

Interestingly Shri XYZ & Smt XYZ WIFE married her second daughter even if we assume that same amount of money was spend in her marriage as alleged in the FIR. It needs to be verified how come Shri XYZ amassed such an astonishing wealth for both these marriages.

Shri XYZ & Smt XYZ WIFE also married his second daughter where it is presumed that he must have spent an equivalent amount in her wedding. It means he spend more than 30 Lacks Rupees. It becomes my duty as a patriot and citizen of India to ask the authorities to verify the source of income and tax returns filed by Shri XYZ.

It is submitted that Shri XYZ was a __________ employee and was worked with ______________, where from he bought such huge sum of money for said dowry and has carried other liabilities of family besides having other liabilities is a matter of investigation which your esteemed department has the jurisdiction to investigate.

Please investigate as to whether Shri XYZ, Smt XYZ WIFE (housewife though) has ever shown such a huge amount as his / her income and paid taxes on the same (this income does not include only amount allegedly spend on dowry items but also amount spend on other liabilities of his family and invested / spend on the properties owned by him) and if they had purchased the items of dowry from shops / showrooms after paying proper taxes for their purchase.

Ground for complaint
As Shri XYZ (as claimed) had spent Rs ___ lacs in financial Year 2004-2005 so his income tax return and source of fund of Rs ___ lacs may be verified and tax should be collected as per provision of Income Tax.

Further careful perusal of the FIR & Attached Complain letter of Smt 498 A WIFE hints provision of section 68,69,69A, 69B, 69C & 69D under Income Tax Act of 1961 are applicable on Shri XYZ as far as in my knowledge. However there may be many other provisions of income tax which is best known to Honorable Income tax authority.

The section 68 deals with cash credits proving identity of the creditor, capacity of the creditor, genuineness of the transaction are the important things of this section. Section 69 & 69A, B deals with unexplained investment, unexplained money & investment not fully disclosed in books of accounts.

Section 69C deals with the unexplained expenditure, the important requirement of this section is that an expenditure has been found to have been incurred by an assessee in any financial year and the assesses fails to indicate satisfactory source of such expenditure.

Request & Relief sought
Shri XYZ income and source of fund should be verified for expenditure of Rs ¬¬___ lacs in financial year 2004-2005 to recover the tax and start proceedings against Shri XYZ as per provision of Income Tax and the authority is under bounden duty to investigate the said information since it relates and its refusal may prejudice the appellant upon which an FIR has been registered.

Since criminal jurisprudence, it is clear that innocent person should not be convicted and a person is presumed innocent unless found guilty/convicted.

Honorable Justice S. N. Dhingra has also given voice to my feelings in his Judgment of “Neera Singh Vs. The State (State Govt. of NCT of Delhi) & Others – CRL.M.C.7262/ 2006 – 23.02.2007 as below

“Now-a-days, exorbitant claims are made about the amount spent on marriage and other ceremonies and on dowry and gifts. In some cases claim is made of spending crores of rupees on dowry without disclosing the source of income and how funds flowed. I consider time has come that courts should insist upon disclosing source of such funds and verification of income from tax returns”

It is therefore requested that necessary Investigations may kindly be made against Sh. XYZ, Smt. XYZ WIFE and Smt 498A WIFE the interest of justice and requirements’ of law.

Shri XYZ provides the details of money being spend as gift received from the relatives, friends etc, the flow of money should also be verified as there is every apprehension that he may provide false Information and cheat the Tax Authorities.

As per Income tax rules, the source of Shri XYZ income must be checked and recovery should be made from him against the expenditures he has made in the marriages of his daughters. I may be given the due prize money as per income tax guidelines for revealing this to the authorities.

I would also like to request that the name of investigating officer be provided to me who

will be looking at this matter, as there is every apprehension that the information provided to me will be misleading due to political pressure and beauraucratic contacts of Shri XYZ,Smt XYZ WIFE.

I request you to kindly take cognizance of my complaint and honor the aforesaid Judgment to verify his expenditure and initiate action against Shri. XYZ, Smt XYZ WIFE for tax evasion if any.

With Regards,

Husband

ADDRESS:
MOBILE:

Enclosure :
a. Copy of the FIR & letter disclosing expenditure of Rs. ____ lacs

Tax Evasion Petition

Dated:
The CPIO
______________________
______________________
______________________
______________________

Name of Applicant   :
Address                    :
Mobile No                :

Dear Sir/ Madam
A.     TAX EVASION PETITION AGAINST THE UNDERMENTIONED
B.     REQUEST FOR PROVIDING INCOME TAX DETAILS OF THE   UNDERMENTIONED TO THE APPLICANT UNDER RIGHT TO INFORMATION ACT, 2005 (UNDER SECTION 6 OF THE ACT)

(1)   Respondent 1, Date of Birth:       Resident of
(2) Respondent N, Date of Birth:       Resident of

Wth reference to the captioned matter it is humbly submitted for your kind consideration:
1. Respondent X d/o ___________________ has filed fraudulent case (copy enclosed) against me nder section _________________ in the court of judicial magistrate at ____________, ______________ district, in which she is claiming in her own admission that out of her parents earning and accumulation, ______________________ gave _______ Tulas (______ gms) of gold and Rs. ____________ (Rupees _______________) cash to applicant as dowry at the time of marriage of Respondent X with myself,   on date _________. Respondent further claims that Rs ___________ (Rupees __________________) was spent on the arrangements of the marriage.

2. Considering the above said gold cost around Rs. _____________ (Rupees ______________) at the time of marriage. Respondent X had spent over Rs. ____________ (Rupees _________________) in the marriage.

3. Soon after XX months Respondent X married his son XXXXXXXXX. It is common knowledge that Respondent X spent over Rs. __________________ (Rupees______________________) in the marriage of his son XXXXXXXXX on XXXXXXXX.

4. Beyond the same, Respondent X is the lawful owner of a house measuring XXXXX SqYard in XXXXXXX and he constructed first floor of this house with Rs.__________ (Rupees _________) in year XXXX. He resides in the same house.

5. It can be inferred from the above allegations that Respondent X has spent over Rs. __________________ (Rupees ____________________) in the financial year XXXX-XXXX on the marriage of his daughter, his son within span of 7 months and in construction of house.

6. He also married his youngest daughter XXXXXXXXXXXXX on DD-MM-YYY where it is presumed that he must have spent an equivalent amount in her wedding. It means he spend more than Rs. ______________ (Rupees ________________). It needs to be verified how come Respondent X amassed such an astonishing wealth for all these marriages.

7. It is submitted that Respondent X is a Government employee in XXXXXXXX, XXXXXXXXXX and his wife is a house wife with no source of income. Respondent X declared his family annual income as only Rs. ___________ (Rupees _________________) in his household ration card dated DD-MM-YYYY (Ration card copy enclosed). It needs to be investigated how a person whose annual family income of Rs. ____________ in year XXXX can spend _____________ rupees on marriages in year XXXX and YYYY.

8. To the best of my knowledge Respondent X is involved in XXXXXXXX business and he is owner of a XXXXXXXX, an income tax payer and based on the allegations leveled against me and common knowledge, it can be inferred that he along with his family has been evading Income Tax for many years now causing loss to the exchequer.

9. Respondent X purchased ___ acres of xxxxxxxxxxxx land in year YYYY.

10. Respondent X has account in XXXXXXXXXX, XXXXXXX.

11. It requires to be ascertained whether Mr & Mrs Respondent X have disclosed their income and source from where they managed to acquire so many assets.

12. In case investigations are instituted through local authorities, it will enable to unearth huge revenues from Respondent X, I, therefore, request you to kindly make proper enquiry in this case.

13. It is also common knowledge that Respondent X as earlier penalized for violation of Income Tax Act.

14. Respondent X is a hoarder of money. He has been harassing me to extract money ever since my marriage by threatening to file multifarious litigations against me. It was only when I showed helplessness in providing him money that they filed various maintenance suits against me to extract money from me through legal terrorism.

By the way of this application UNDER RIGHT TO INFORMATION ACT, 2005 (UNDER SECTION 6 OF THE ACT), May I request to inform me the following:

Whether the amount reflected in ITR of year YYYY (year of marriage) also reflects the marriage expenses as claimed by my wife i.e. if she has claimed rupees ______ then cumulative return of her family must be more than rupees _________.

A.    Marriage expenditure survey report as per section 133A (5) of Income Tax Act with cash flow details i.e. Whether they satisfied the cash flow details also.
B.     Whether my Fatherinlaw, motherinlaw, wife, brotherinlaw are Income Tax Assessees
C.    If they are Income Tax assessees, have they been filing their Income Tax Returns on a regular basis?
D.    Please provide me with the certified copies details of Net taxable income of the above mentioned from the period yyyy-yyyy to till date.
E.     The details of gifts stated to have accepted by them from their family members, friends and relatives at the marriage and from yyyy to till date.
F.     Movable and immovable properties, the details of their investments, lending and borrowing from Banks and other financial institutions.

Also enclosed is the Judgment of Honorable Justice S. N. Dhingra which has relevance to the first part of my application. The same notes:

Your prompt reply in this regard shall be highly appreciated.

Thanking you in advance.

Yours Faithfully,

PETITIONER

Annexure:
a. Copy of the FIR
b. Copy of charge sheet and witness statement.

CC:
a. Director General of Income Tax (Investigation), XXXXX
b. Chief Commissioner of Income Tax, xxxxxxx.
d. Member, I.T. Investigation, Ministry of Finance
e. Finance Minister of India, Ministry of Finance

Wife & Her Relatives Income Details from his / her employer

To Dated:

The Public Information Officer,

Sub.:- Application under section 6(1) of Right to Information Act 2005.

Sir,

1. Present Designation and department in which Shri _________ is posted at present .( disclosure of such information to public should be made as per RTI act 2005 under section 4(1)(b))

2. The power and duties/job responsibility/work profile of Shri ________.(disclosure of such information to public should be made as per RTI act 2005 under section 4(1)(b))

3. Present Gross Salary and its various components like basic pay,DA,Conveyance,HRA and other allowances of Shri ________.( disclosure of such information to public should be made as per RTI act 2005 under section 4(1)(b))

4. His income from salary for following financial year:
• 2004-2005
• 2005-2006
• 2006-2007
• 2007-2008
• 2008-2009

5. Photo copy and details of his educational/professional qualification and his bio data and age proof (like certificate of 10th or any other proof) on the basis of which he is holding a public office in RBI.(Latest relevant decision of CIC dated 10 feb,2009 No.CIC/SG/A/2008/00248/1596 regarding providing such information to public is attached for ready reference)

6. Annual property returns filed by him till date.( Relevant decision of CIC dated 20 March,2008 No.CIC/OK/A/2007/01493 & CIC/OK/A/2008/00027 regarding providing such information to public is attached for ready reference)

7. Following details of LTC(Leave travel Concession) availed/encashed by him since last five years(Also provide Copies of LTC bills)
a) Number of persons for which LTC availed
b) Block Year of LTC
c) Financial Details like total amount claimed and its component for each LTC.
d) Destination of travel
( Relevant decision of No.CIC/AT/A/2006/00317 regarding providing such information to public is attached for ready reference)

8. Details of amount claimed by Shri _______ during official tour since last five years and during transfer from _____, to _______(Provide Copies of TA bills) .

( Relevant decision of CIC dated 14 Feb,2007 No.CIC/AT/A/2006/00479 regarding providing such

information to public is attached for ready reference)

9. Whether he has taken any advance for the marriage of his daughter Smt ________h from RBI ?

10. In case an advance is sanctioned for marriage purpose(for daughter of Shri _____) a certificate to the effect that no element of dowry is involved, is required to be taken from him as per rules of RBI (section 3.140(III)(VI)).Whether he has submitted such certificate ? if yes then please provide certified photocopy of such document.

11. Details of all temporary advance taken by him after 1.1.04 from _______(Amount,purpose etc)

12. Has he taken any permission from bank for accepting gift in the last six years ?

13. Whether as per ________ records he was involved in borrowing or lending money ? if yes then provide the details and also provide the information whether he has taken due permission from ______ and filed return of his liabilities ?(provide photocopy of all such documents furnished by him as per staff regulation /other relevant rules )

14. Whether he has informed the _____ in any manner that expenditure on the marriage of her daughter was Rs.______ Lacs and disclosed the source of fund ? if yes then photocopy of such document ?

Initial fee of Rs. 10/- in the way of postal order (Rs 10/- bearing serial number ‘_______” is attached with application) has been attached as prescribed under Right to Information Rules 2005. Further it is requested that the applicant would like to receive the above said information by post on the address mentioned below, at the earliest. For any clarification contact me at ______-_ or at address given below.

Yours truly

Bank Account Details of Ms 498a

To
CAPIO & Branch Manager
ABC Bank ,

Subject: Request for information through RTI Act 2005

Sir / Madam,

Appellant wish to inform your kind perusal that, my wife Smt 498 wife have filed a maintenance case against me, in which she have claimed that, “she is not working anywhere”, as per my information she is very well working somewhere, as her salary cheque / salary crediting by employer, every month In the SBI, ABC branch, where she have a bank account & fixed deposits.

Apart from above Smt. 498 a Wife D/o Shri XYZ, had lodged a false FIR against me and my family, under section 498a/323/504/506 of IPC and DP Act 3 /4.

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

Kindly provide me the details of the A/c i.e. A/c No. & A/c Statement of 498 A WIFE, from date of opening of account to till date. Her Address is, House No.-_____________________

Kindly provide me the details of Joint A/c i.e. A/c No. & A/c Statement of 498A WIFE & Shri. XYZ, from date of opening of account to till date. There Address is, _________________

Kindly provide me the details of Fixed Deposit of 498 a wife & joint name of 498a wife &Shri XYZ, there address is.

Request / Relief sought
a) The maintenance case section 24 of HMA & CRPC 125 is registered in Hon’ble Family Court-------.
b) The criminal case section 498a,323,504,506 of IPC and DP Act 3 /4. is registered in Hon’ble Civil Court ------------.
c) The undersigned financial interest is affected in the matter, so undersigned is seeking legal relief from the Court.
d) The disclosure of financial details, mainly employment details of Smt Pooja Talwar / Malik 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 Postal Order of Rs10/- bearing serial number _________ 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: _______________ 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.

Thanking You,

With Best Regards,

TEP RTI

REFERENCE NO:

Dated:

To,
The Public Information Officer
________________________

Sub: - Request for information 6 of RTI Act 2005

Sir / Madam,

Undersigned has submitted an application on dated: ____________in the office of CIT(Commissioner of Income Tax) Income Tax Department,_____________(Attached as Annexure-A).

I humbly request you to furnish me the following information through section 6 & 7 of the RTI Act 005

1. Kindly provide the certified copy of investigations / assessments are initiated / made on the TEP application under reference no_______dated__________ submitted by the undersigned .

2. Did Mr. XYZ explained the source of expenditure amounting to rs.____on the marriage of his daughter Ms. 498a Wifeduring the course of enquiry made by the office of CIT.? Any other information submitted by him on the source of the above said expenditure?

3. Kindly provide certified copy of observation was made by the C.I.T. while recommending the re-opening of the assessment of Mr XYZ for theAssessment Year (2000-2010) along with copy of the order?

4. Kindly provide certified copy of explanation was offered by XYZ about the source of above of above said expenditure amounting to rs._lacs during the course of re-assessment proceedings before the Income Tax Officer?

5. Kindly provide certified copy of How much income has been re-assessed in the assessment order of XYZas income from un-disclosed sources and the copy of Asst. order for the last Asst. year 2004-2005.

6. How much Income Tax demand including interest has been created as per notice of demand and also supply the copy of the notice of demand?

7. How much outstanding Income Tax demand has been recovered from XYZ?

8. What action has been taken for the recovery of outstanding demand agaXYZ?

9. Is there any stay order against outstanding Income Tax demand? Copy of the stay order, if any, may kindly be supplied.

10. What is the final stage of Income Tax Case of XYZ the Asst. Year 2004-2005?

11. Smt. 498a WIFE & Smt XYZ ever filed any income tax return mentioning the details of source of alleged money and alleged costly items ever given by them in marriage and after marriage of their daughter as admitted in writing in their List submitted with TEP and alsofor maintaining other luxuries of life.

12. Whether they have paid income tax & wealth tax on there alleged cash/jewelry expenses.

13. Whether the persons mentioned above are liable for any action against them for tax evasion (income tax, wealth tax, etc) as per rule and kindly give the brief details of recovery efforts/punishments that can be awarded for violating the rule in above cases.

14. Kindly intimate the action initiated/taken by your department against the persons Mentioned above and the amount of Tax recovered/expected to be recovered from them.

15. Kindly provide a copy of the preliminary assessments/investigations.

16. Has XYZ preferred any appeal against Asst. Order? What is the status of the appeal and till what time could its disposal be expected?

17. Kindly provide me the name & designation of the officer who is providing this information as there is every apprehension that the information being provided to me will not be relevant and will be misleading.

It is further submitted that the person named above have ever shown expenditure occurs in marriage of their daughters. The information sought falls within the ambit f RTI Act 2005 and the information is existing therein and can be provided as per Hon’ble High Court decision in regard of WP(C) No. 3114/2007 dated 03/12/2007 (Attached as Annexure C).

The information asked is required expediently in the interest of Justice and mandatory to prove undersigned innocent in the false FIR as attached, filled by my wife Smt 498a wife D/o Shri XYZ in Police Station, Lucknow

Postal Order No. _________ dated: ________ of Rs. 10/- as requisite fee is attached here with. The information shall be furnished within 30 days as per RTI rule.

Now at the end I may reasonably expect that honorable CPIO will honor the decisions of CIC and honorable Court as stated above while making decision on this appeal so that at least the wastage of time of higher authorities in further proceedings could be avoided in appeal while discussing the same matter.

Regards,
HUSBAND
ADDRESS:
MOBILE:

Enclosures:
Annexure -A: - TEP
Annexure-B: - FIR
Annexure- C: - Copy of Hon’ble High Court order WP(C) No. 3114/2007 dated 03/12/2007.

498a wife details if she is working

Dated:
To
Public Information Officer
XYZ School

Subject: Request for information through RTI Act 2005

Sir / Madam,

I _______ wish to inform your kind perusal that, my wife Ms (WIFE NAME) D/o Mr (FIL NAME), R/o -------------------, have filed a criminal & other maintenance case against me, in which she have claimed that, “she is not working anywhere”, as per my information she is working / teaching 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 to 3000

A. Kindly provide me the details of the Smt Pooja Talwar / Malik in which Brach of CMS 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 Smt Pooja Talwar / Malik in which Brach of CMS 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 24 of HMA & CRPC 125 is registered in Hon’ble Family Court-------.
b) The criminal case section 498a,323,504,506 of IPC and DP Act 3 /4. is registered in Hon’ble Civil Court ------------.

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

d) The disclosure of financial details, mainly employment details of Smt Pooja Talwar / Malik 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 Postal Order of Rs10/- bearing serial number _________ has been enclosed with application as prescribed under Right to Information Rules 2005.

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.

Thanking You,

With Best Regards,

DP3 FIR Format

Reference No:
Through Registered / Speed Post
Dated :
To,
The Senior Superintendent of Police,

Subject:- Request for registration of FIR against Ms.(Wife Name), Mr (FIL Name),Mrs (MIL Name) Mr (BIL Name) & Ms(SIL Name) & other R/o –(There Residence Address) U/s 3of D.P.Act.

Sir,

I YOUR NAME S/o Your Father’s Name R/o (Your Address) have been falsely implicated by my wife Ms. (Wife Name) in coalition S.H.O of P.S. (Where FIR had registered).

SHO on false complaint of my wife have has registered the FIR No.______ dated ________, and booked me and my family members (Father, Mother & Married Sister and other if any) u/s 498A,323,504,506 of IPC and 3/4 of DP Act.

In FIR No._____ dated _________ at P.S (Where FIR had registered), My wife & her parents claims to have given huge dowry in the marriage worth Rs.______Lacks (XYZ LACKS) which is prohibited under Section 3 of Dowry Prohibition Act.

Ms.(Wife Name), Mr (FIL Name),Mrs (MIL Name) Mr (BIL Name) & Ms(SIL Name), belong to respectable family and are highly educated people. And they are very much aware of the fact that if taking dowry is crime and giving dowry is too a crime. By giving huge sum of alleged dowry of Rs._______lacks ( XYZ Lacks) they have knowingly committed the crime.

Giving or taking dowry is an cognizable offence and punishable up to 5 Year.

I request to you to direct SHO (Where FIR had registered) to lodge the FIR against Ms.(Wife Name), Mr (FIL Name),Mrs (MIL Name) Mr (BIL Name) & Ms(SIL Name)

Giving dowry under Sec 3 of DP Act is cognizable offence and it is mandatory for SHO (Where FIR had registered) to take cognizance of such crime which happened in his jurisdiction.

Along with the complaint I am submitting the rulings High Court of India which make him mandatory to book Ms.(Wife Name), Mr (FIL Name),Mrs (MIL Name) Mr (BIL Name) & Ms(SIL Name) under section 3 of DP Act, it being cognizable offence.

Further Learned SSP, go through these rulings and understand them very well and direct SHO(Where FIR had registered) to take action against my wife and in-laws & other relatives to register FIR for congnizable offence like “Giving Dowry” under Section 3 of DP Act.

The judgments and rulings wich is provided are as under, which make you mandatory to direct SHO(Where FIR had registered) to register FIR for cognizable offence like “Giving Dowry” under Section 3 of DP Act.

Hon’ble High Court of Delhi via CRL.M.C 7262-2006 23.02.2007 which talks about registering the FIR against educated people who gave the dowry, in spite knowing the fact that giving dowry is crime and Learned SHO should not entertain any complaint, if the Rule 2 of the Dowry Prohibition( Maintenance of List of Presents to the Bride and Bridegroom) Rules, 1985 is not complied with.

Despite all the ruling and judgments Learned SHO in coalition with my Wife and in-laws registered false FIR against me and my parents without investigating and demanding the required prove of source of income, Flow of money, income tax return, bills of expenses of Rs ________lacks(XYZ Lacks) , and mandatory Maintenance List (stridhan List).

I would request you to kindly look into my grievance and direct to SHO(Where FIR had registered) to register the FIR against Ms.(Wife Name), Mr (FIL Name),Mrs (MIL Name) Mr (BIL Name) & Ms(SIL Name) for giving the dowry u/s 3 of DP Act and no abiding to Rule 2 of DP Rule, 1985.

I have full faith on the Ld. Senior Superintendent of Police of Police that I will be given justice by initiating a strict action against all the law misusers named above by registering a case and saving the precious time and burden of judiciary for preventing undersigned to request the court to initiate action in case of failure.

Thanking you,

With Best Regards,

(YOUR NAME)

YOUR ADDRESS

Enclosed:

Annexure A: - Copy of my wife complaint dated____& FIR dated ___________
Annexure B: - High Court Judgment of CRL.M.C.7262/2006 dated 23-02-2007

Search This Blog

Save Family Foundation Commando Training Sessions