Advocate Luv Kumar

Questions Answered by Advocate Luv Kumar

Q: How to get information from RTI when rejected by the authority

I asked under rti about the information in respect of executives posted and drawing AMS HFRT (RDARA/MWARA) proficiency at Airports Authority of India CHQ New Delhi with there last date of performing duty in HFRT. but the PIO refused to give this information by coating rti rule 8 1 j. how i can prove that will not cover under rti rule 8 1 j?

Advocate Luv Kumar answered
If you feel that the exemption claimed by the Authhority is not valid, you may prefer appeal before the Appellate Authority.The time limit and address of the the Appellate Authority is mentioned in the letter received by you.Thanks.

Q: Clarification on filing RTI to obtain GST and ITR return information

Under which section i can take GST and ITR returns of my husband and in-laws using RTI and what reason i need to mention in the RTI for the same,

Advocate Luv Kumar answered
The information desired by you may fall in personal information category and may not be easily obtainable under RTI wihout the consent of your husband.However if you need this information to prove a point in a legal dispute, you may request the Court to direct the opposite parties to furnish the same to court, as it is with them and in their possession, to assist the court to decide the matter justly.I have been advising people that RTI is a means to obtain the information available in records of Public Authaurity for a public purpose and not to settle personal scores.I trust this clarifies the position.

Q: Can person who has an criminal record filed R.T.I

Can person who has an criminal record file RTI against a woman and ask for personal details eg how many activa they have and from where money came however she is earning women why not they have vehicles?

Advocate Luv Kumar answered
To file a RTI Query to to a Public Authority one has to be a citizen of the country. Criminal record is not relevant. Further, Personal information can be divulged by a Public Authority only with the consent of the person concerned. It should be understood that RTI is available only for obtaining information present in the records of the Public Authority, it can not be used to settle personal scores.I trust you are clear about the objectives of the legislation. For further queries a telephopnic contact can help.Regards.

Q: Procedure to get the copy of letter sent to Ministry office

Can I ask for Copy of letter which sent by one of the Ministry office to District Magistrate office for my police verification.Letter was sent 3 months ago and ministry has not yet received reply.I have checked address from ministry office they have written right address .I asked for copy of that letter But Under secretary of that ministry don't want to give me that copy and they are saying that it's confidential.P.S. Verification are required for fellowship not for any job.Can someone please help how to get that copy so that I can try to check with Magistrate office about delaying .

Advocate Luv Kumar answered
A RTI application can be filed with the PIO of the Ministry to obtain copy of that letter.But the best course shall be to ask the Ministry to send a reminder if the reply has not come from the DM's office concerned. Such matters are generally referred tto the Police Station of the area where you reside. So an enquiry can be made at the police station too.

Q: What to do if i am not getting my reply on RTI

I am not getting reply of my RTI after the first appeal. What actions can I take against the authority?

Advocate Luv Kumar answered
If the first Appellate Authority is not responding to the appeal, second appeal can be filed before the Central Information Commissioner.However, generally the appellate authorities take care to respond in time. Pl check if your appeal has indeed been filed.Best wishes.