CIC: Information about dependency made by a government employee to obtain certain benefits is not a personal information - CIC: leave information cannot be termed as personal but the station to which a person went is exempt u/s 8(1)(j)
1. Appellant has filed the present appeal vide letter dated 15.5.13. Appellant was present. Respondent public authority was represented by Shri Hariharan P. Iyer, A.O. III and Dr. M.L. Parihar, S.O. 1D.
2. Appellant has made an RTI application dated 6.12.12 seeking information on 11 points.
At point no. 6 of the RTI application, he has asked “whether Mrs. Roma Garg had shown her parents depended on her? If yes, date on which she had shown her parents depended on her.”
At point nos. 7,8,9,10& 11 of the RTI application, he has requested the following information : “7.Income and occupation which Smt. Roma Garg had shown of her parents.
8.Whether Roma had ever availed any benefit/facility for her parents by showing her parents dependent upon her.
9.Whether on 5.11.2010 Smt. Roma Garg was on leave? If yes, whether she was on out station or above stated dates and to which station.
10.Whether any facility is given to Roma Garg from the said department?
11. Criteria for declaring any person to be depended on the employee in your department.”
3. In its response dated 1.1.13, respondent CPIO has provided the information sought at point nos. 1 to 5 of the RTI application. But, the said CPIO has informed the appellant that the information sought at point nos. 6 to 9 are personal in nature and they cannot be disclosed. For point no. 10 of the RTI application, CPIO has informed the appellant that the question is not clear or specific, therefore, no information can be furnished.
4. Thereafter, appellant filed an appeal vide his letter dated 22.1.13. This appeal was disposed of by the FAA vide his order dated 26.2.13 in which FAA, agreeing with the view of the CPIO, has observed that the information sought at point nos. 6 to 9 are personal in nature and there is no public interest involved. Similarly, FAA agreed with the response of CPIO with respect to point no. 10 of the RTI application.
5. Clearly, the question which is to be decided in the present appeal is whether the information sought at point nos. 6 to 9 are personal in nature and thereby, exempted or not. It is to be made clear that information about dependency which has been made by a government employee to obtain certain benefits is not a personal information. It is on the basis of such dependency, the employee claims certain benefits like LTC, and medical benefits. The information “whether Mrs. Roma Garg has shown her parents to be dependent on her and what benefits she has availed for her parents” is therefore to be given as the same is not a personal information. As far as point no. 9 of the RTI application is concerned, Commission is of the view that the information “whether Mrs. Roma Garg was on leave” on that particular date or not is also not a personal information since leave information cannot be termed as personal information. Commission, therefore, directs the respondent CPIO to provide this information. However, as far as the latter part of the information sought at point no. 9 of the RTI application is concerned, “whether she was on out station leave or above stated dates and to which station” is personal information and therefore, need not be disclosed. The Commission agrees with the respondent that the information sought at point no. 10 of the RTI application is not clear and therefore, information can be furnished in reply.
6. The directions of the Commission are to be complied with by the CPIO within 10 days of receipt of this order.
Chief Information Commissioner
Citation: Gaurav Garg v. Heavy Water Plant in Case No. CIC/SM/A/2013/000855/SS