Details of LTC availed by a public servant since her joining in the Ministry; the names of family members given in the LTC claim etc. were sought - CIC: The number of LTCs availed by Govt officials & number of family members is disclosable under RTI Act
1. The appellant, Ms. Prathiba Sharma submitted RTI application before the Central Public Information Officer (CPIO), Ministry of Road Transport & Highways (MORTH), New Delhi seeking to know the name of officer with whom Ms. Sonia Sharma, Stenographer posted; details of LTC availed by her since her joining in the Ministry; the names of family members given in the LTC claim; whether the claims were for all India or Home Town etc. through four points.
2. Not having received any reply from the CPIO the appellant filed an appeal before the appellate authority (FAA). The FAA does not seem to have adjudicated on the appeal filed by the appellant.
3. Thereafter the appellant filed the instant appeal before the Commission on the grounds of that no information had been provided by the respondent authority.
4. The matter was heard by the Commission. The appellant’s representative stated that the respondent authority had not responded to the RTI application. The respondents stated that the CPIO had vide letter No. I-19012/1/2016-E-I dated 11.02.2016 duly sent a reply to the appellant through speed post and denied the information to the appellant being third party information, after invoking the provisions of Section 11(1) Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information: of the RTI Act, 2005. The appellant’s representative further added that the appellant had sought the details of LTC availed by Smt. Sonia Sharma, Stenographer since her joining in the Ministry along with the number and names of family members and also sought to know whether the LTCs were availed by her for all India or Home Town as the expenditure incurred through Government exchequer and this information could be provided to the appellant.
5. Having considered the submissions of both the parties, the Commission holds that the number of LTCs availed by Government officials and number of family members is disclosable information under the RTI Act, 2005. The Commission, therefore, directs the CPIO to provide to the appellant
(i) copy of the CPIO’s reply dated 11.02.2016 as the appellant does not appear to have received it; and
(ii) the number of Home Town/All India LTCs availed by Smt. Sonia Sharma, Stenographer separately since her joining the Ministry along with number of family members excluding names of the family members within seven days of the receipt of the order of the Commission.
The Commission also directs the CPIO to send Speed Post Number to the Commission through which the CPIO sent his reply dated 11.02.2016.
The appeal is disposed of.
Citation: Ms. Prathiba Sharma v. Ministry of Road Transport & Highways in Case No. CIC/MORTH/A/2017/168269/MP Date of Decision: 01st December, 2017