Are the details of physically handicapped government employees liable to be disclosed under RTI?
30 May, 2013Background
The appellant filed an application under the Right to Information (RTI) Act with the Bharat Sanchar Nigam Limited (BSNL) seeking to know the names and nature of disabilities of handicapped employees of BSNL Nellore District who have been getting the facilities of Professional Tax Exemption, double rate of transport allowance etc. The Public Information Officer (PIO) provided some information while denying the rest under section 8(1)(j) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. of the RTI Act.
Proceedings
During the hearing the before Central Information Commission (CIC), the respondent stated that the appellant has asked for various personal information regarding physically handicapped employees who have been provided various concessions as per laid down guidelines. The Commission asked the respondent as to how the disclosure of name, designation, post and place of posting is covered by the said exemption. The PIO agreed to furnish the information, excluding the details sought in nature of disability.
View of CIC
The CIC directed the PIO to furnish the details to the appellant without disclosing the nature of disability of the employees.
Citation: Mr. T. Srinivasulu v. BSNL in File No.CIC/BS/A/2012/000465/2362
RTI Citation : RTIFI/2013/CIC/1326
Click here to view original RTI order of Court / Information Commission