Procedure to file an RTI to know about a colonel's salary

546 votes

First of all RTI can not filled for the information of an individual, it is only for the government offices to provide for the information of its operation. Secondly your husband serves in Indian Army. And defence is exempted from the RTI.

Advocate Ajit. K. Mishra LawRato

787 votes

For Army, Navy and defence there are authority where you can get the form. There shall a form available in the concerned department where he is working. Fill that form asking about the details of salary and gratuity and submit it in their department.

Advocate Renuka Sahu LawRato

533 votes

Respected Ma’am

The Hon’ble Central Information Commission has made it abundantly clear that “Wives of government servants have a 'right' to know salary particulars of their husbands” in Ms.Jyoti Seherawat vs Government Of NCT Of Delhi, dated. 7 January, 2014 (CIC/AD/A/2012/003341¬SA).

Further, the Hon’ble CIC in Sunita Chopra Vs. Dte of Education (North), GNCTD (CIC/SA/A/2015/001934) has held that, “Depending on the financial conditions and non availability of support from parents, when husband does not maintain his wife, it challenges her right to live, and thus information related to maintenance becomes life related information. This information about assets, income and investments of spouses is no more private or personal information as against spouses, even if that information could be personal or private information as against any person other than spouse. The proviso to Section 8(1)(j) read with Section 8(2) of the Right to Information Act entitled the appellant to get information which she sought because of overwhelming public interest in securing the lives of deserted wives.”

With reference to your question i.e. where should you file the RTI Application?, I would suggest you to kindly provide me his exact designation and place of posting. This is vital as only then the PIO would be able to trace and provide personal details (i.e. salary etc.) of the individual officer. Once, the above details are provided, we can directly file the RTI with the concerned PIO or file an online RTI Application with the Ministry of Defence requesting it to forward it to the concerned PIO under Section 6(3) of the RTI Act.
So, kindly provide me the aforesaid details i.e. “exact designation and place of posting”, and I will tell you the details of the Public Information Officer (PIO) having jurisdiction over your husband’s personal records.

Further, if you wish I can file a crisp, to-the-point, legally drafted RTI Application on your behalf. I will mention all the relevant binding case laws and judgments so you may get required information at the earliest.
I will draft the RTI Application completely and send it to you. You will just need to sign the application and send it back along with a copy of a self-attested ID Proof (which is mandatory while seeking such information from Ministry of Defence). I assure you that you will get the required information as early as possible and without any hassles.

Hope to hear from you soon.

-Adv. Akash Kumar Upadhyay
Delhi

Advocate Akash Kumar Upadhyay LawRato

662 votes

There are two ways...1.you can file RTI...with commandment officer of his regiment.
2.you can approach directly to the court & ask for increase in maintenance cost. The court will summon your husband with his latest pay records . This is more easier & better way to go.

Advocate Vijay Sahni LawRato