CIC: The copies of pages of attendance register are voluminous but is information as per Sec 2(f) of the RTI Act; Provide the appellant an opportunity for inspection of attendance register & issuing extracts as asked on payment of the proper cost
5 Apr, 2016Information Sought:
The appellant sought information on three points as under:
a) Salary slip & copy of attendance of all employee year wise breakup from last 5 years.
b) Service record of CPIO & FAAs u/s 4(1) (b) of the RTI Act.
c) Full name address, designation and telephone number of the First Appeal officer in this regard.
Background of the case:
The appellant filed an RTI application on 15.05.2013 seeking the above information. CPIO vide his letter dated 11.06.2013 provided the information on Point (iii)(c) and denied information on Point (iii)(a) and (b), u/s 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. 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. considering it as personal information. Appellant filed first appeal on dated 19.06.2013.
Relevant facts emerging from hearing:
In a written communication from PIO on dated 18th Jan 2016 it is stated that the appellant was called for hearing on 05.08.2013 against the 1st appeal filed by him to FAA. The appellant attended the hearing and thereafter order was passed by FAA.
On being asked by the Commission, respondent stated that information asked in Point No. A is related to Sec 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. 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, 2005 Respondent relied on the decision of Delhi High Court, in the case of Girish Ramchandra Deshpande vs.Central Information Commissioner and Ors. : (2013) 1 SCC 212 where the Delhi High Court held as follows:
The performance of an employee/officer in an organisation is primarily a matter between the employee and the employer and normally those aspects are governed by the service rules which fall under the expression "personal information", the disclosure of which has no relationship to any public activity or public interest. On the other hand, the disclosure of which would cause unwarranted invasion of privacy of that individual. of course, in a given case, if the Central Public Information Officer or the State Public Information Officer or the Appellate authority is satisfied that the larger public interest justifies the disclosure of such information, appropriate orders could be passed but the Petitioner cannot claim those details as a matter of right.
Further, pleaded that information sought in Point no. B and C is available in website and clarified that only one CPIO and Appellate Authority is there in respect of the information sought in Point no. B.
Issue for determination:
1) Whether salary slip of all employees is information u/s 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act, 2005.
2) Whether copy of attendance register of all employees is information u/s 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act, 2005.
Decision:-
After hearing the respondent and on perusal of record, salary detail as stated by the respondent is already in public domain and hence, no further step is required. The Commission finds that the copies of pages of attendance register are voluminous but is information as per Sec 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act, 2005. Since the information is related to public servant discharge of duty the process should be transparent, Commission is of the view that copies of attendance register should be provided on payment of proper cost as applicable under the RTI Act. Further, the information in respect to Para B and C are already in public domain. The Commission is of the view that the attendance of an employee is not personal information and hereby directs the respondent to fix a mutual convenient date with the appellant and to provide him opportunity for inspection of attendance register and issuing extracts as asked by the appellant on payment of proper cost as per Sec 2(j) “right to information” means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to- (i) inspection of work, documents, records; (ii) taking notes, extracts or certified copies of documents or records; (iii) taking certified samples of material; (iv) obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device; (i) and (ii) of the Act. The appeal is disposed of accordingly.
(Yashovardhan Azad)
Information Commissioner
Citation: Shri Chetan Kothari v. Tata Memorial Hospital Mumbai in F.No. CIC/CC/A/2014/000400-YA