Information against agreement executed before the Family Court exempt u/s 8(1)(b) – as per decree issued by the Principal Judge, the applicant is barred from seeking any information about Ms. Ruchika Gupta - CIC: denial of attendance register upheld
Information sought: The appellant had sought certified copy of the attendance register/ attendance sheet for the year 2011 & 2012 right from 01-01-2011 till date in respect of Mrs. Ruchika Gupta working as Technician (TTA) posted at Patel Nagar Telephone Exchange, Saharanpur Road, Dehradun.
The appellant was given an opportunity to participate in the hearing, however, he is absent. The CPIO stated that the appellant is a family member of one Mr. Nishant Gupta ex-husband of Ms. Ruchika Gupta about whom information is being sought, however, in terms of the agreement executed between Mr. Nishant Gupta and Ms. Ruchika Gupta before the Family Court, which forms part of a decree issued by the Principal Judge Dehradun on 15/10/2012, he is barred from seeking any information about Ms. Ruchika Gupta from the Department under the RTI Act and all such pending applications should be considered as disposed of. He contended that in terms of the aforesaid decree the information sought by the appellant is exempt under Section 8(1)(b) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court; of the RTI Act. The decree dated 15/10/2012 issued by the Principal Judge, Family Court, Dehradun is perused.
As per court order the appellant cannot seek any information regarding Ms. Ruchika Gupta from the respondent under the RTI Act. The matter is closed.
Citation: Mr. Praveen Kumar Gupta v. BSNL in File No. CIC/BS/A/2012/000958/2683