Appellant claimed that his brother was appointed by the bank on compassionate ground after the demise of their father but is rendering no financial assistance to their mother & the family - CIC: Provide the basis of recruitment & monthly remuneration
This matter pertains to an RTI application dated 6.5.2013 filed by the Appellant, seeking information on three points regarding the employment and related details of Shri Raja Kumar, an employee of the Respondents. The CPIO responded on 7.6.2013 and denied the information under section 8 (1) (j) of the RTI Act. Not satisfied with the reply of the CPIO, the Appellant filed an appeal to the First Appellate Authority on 4.7.2013. In his order dated 19.7.2013, the FAA upheld the CPIO’s reply. The Appellant filed second appeal dated nil to the CIC, which was received by the Commission on 6.8.2013.
2. We heard the submissions of the Appellant and the Respondents. The Appellant submitted that Shri Raja Kumar, about whom information has been sought, is his brother and was appointed by the bank on compassionate ground in 1998 after the demise of their father. He alleged that Shri Raja Kumar, though appointed on compassionate ground as stated above, is rendering no financial assistance to their mother and the family. He further submitted that he needs the information, sought by him, in the above context to file a court case against Shri Raja Kumar. The Respondents reiterated the reply already given by them to the Appellant and referred to the judgment of the Supreme Court in Girish Ramchandra Deshpande vs. Chief Information Commissioner & Ors. To justify denial of information in this case.
3. We have considered the records and the submissions made by both the parties before us. At point No. 1 of the RTI application, the Appellant has sought information regarding the basis of recruitment of Shri Raja Kumar. This cannot be regarded as personal information under Section 8 (1) (j) of the RTI Act. Accordingly, the CPIO is directed to convey to the Appellant in writing the basis of recruitment of Shri Raja Kumar. At point No. 2 , the Appellant has sought information concerning the salary slips of Shri
Raja Kumar for the period 2000 to 2013. In this context, we note that under Section 4 (1) (b) (x) of the RTI Act, each public authority is required to make public the monthly remuneration received by each of its officers and employees. Accordingly, the CPIO is directed to inform the Appellant about the gross monthly emoluments of Shri Raja Kumar on the date of provision of this information. At point No. 3, the Appellant had sought information regarding the EPF account etc. of Shri Raja Kumar. In the absence of any larger public interest having been established by the Appellant, we see no ground for disclosure of this information. The CPIO is further directed to complete action on our above directives within fifteen days of the receipt of this order, under intimation to the Commission.
4. With the above directions and observations, the appeal is disposed of.
5. Copies of this order be given free of cost to the parties.
Citation: Shri B Raju v. Bharat Petroleum Corporation Ltd., in File No. CIC/LS/A/2013/001576/SH