Disclosure of complaint filed before the special cell
The request for information regarding the complainant registered by the appellants wife before the Special Cell for Women and Children was denied by the PIO under section 8 (1)(j) of the RTI Act. On appeal, the FAA concurred with the order of the PIO.
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The appellant stated that on the basis of complaint made by his wife, F I R was registered against him and a criminal has been filed. He argued that the disclosure of information was in the larger public interest of Administration of Justice as he was involved not in a civil case which was personal in nature, but in a criminal case where the State was pitted against him on the basis of complaint made by another citizen. Respondent stated that they were bound to maintain the confidentiality pertaining to the third party who had approached them and with whom they share a relationship of trust wherein they are bound to use their special expertise in the field of family counselling in her interest there by providing a fiduciary aspect to their relationship.
Commission directed to provide part information to the appellant while remanding back the matter to the PIO with directions to issue notice to the third party as per section 11 of the Act and take a considered view regarding disclosure of information.
In cases of third party information, the submissions made by the third party should be kept in mind before deciding the issue. A PIO can also take recourse to the provisions of section 10 (severability) of the RTI Act while making such disclosure.
Citation: Shri Rajesh Lachayya Dharap v. Tata Institute of Social Sciences in file no. CIC/DS/A/2011/000709.
RTI Citation : RTIFI/2012/CIC/45
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