The copy of movement order was denied u/s 8(1)(j) of RTI Act - CIC: Movement order of a public official is by virtue of the public post held by him and there can be no invasion of privacy in disclosing movement order or date of movement of the third party
The Appellant sought to know the date of movement of Lt. Col. Amlan Borah from the Respondent unit with copy of that order.
Grounds for the Second Appeal:
The CPIO has not provided the desired information.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Not present.
Respondent: Representative of CPIO Sub J Rangaswamy, 16 Engr, BR Regt (PMS), C/o 56 APO submitted that the unit is at a forward location and for that reason CPIO could not come to attend hearing.
Commission observes from the facts on record that the CPIO has wrongly invoked 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 to deny the information sought in the RTI Application. It may be noted that information sought pertains to the movement order of a public official which is by virtue of the public post held by him and there can be no invasion of privacy in disclosing movement order of the third party under reference.
In view of this, CPIO is directed to provide complete information on the RTI Application to the Appellant within 15 days from the date of receipt of this order.
The appeal is disposed of accordingly.
(Divya Prakash Sinha)
Citation: Lt. Col. V.S Verma v. 16 Engr Br Regt.(PMS) in File No. CIC/VS/A/2015/003090/SD, Date of Decision : 07/04/2017