Information relating to a complaint against a postman denied as third party had objected to disclosure - Appellant contested the claim of PIO - CIC: in case the appellant produces a ‘no objection’ from the concerned employee, information to be furnished
5 Oct, 2013Information relating to a complaint against a postman - denied as the information relates to a third party who had objected to the disclosure - is personal in nature and exempt 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. - Appellant contested stating that he has just met the employee and can produce a ‘no objection’ from him for the disclosure of the information - CIC: in case the appellant produces a ‘no objection’ from the concerned employee, information to be furnished.
Information sought:
- What is the full name, designation, education qualification, residential address, date of joining of postman Mr. Jaywant B. Ghyar as per records available to the Postal Authorities.
-
Please supply two certified copies of each one of the following documents/letters.
- Letter dated 29/12/2011 written by Miss. Rani M. Shahani Secretary of Sainathkripa CHS Ltd. to your department.
- Letter dated 30/12/2011 written by Advocate Mr. Mohan G. Shahani to Senior Supdt. of Post Offices, Thane Central Division.
- Memo no. 362/RLAPCOMP/RS/TE dated 06/01/2012 addressed to Mr. Jaywant B Ghyar.
- Memo no. 359/SPM/TE/JBG/C dated 03/01/2012 addressed to Mr. Jaywant B Ghyar.
- Letter dated 29/12/2011, addressed to the Post Master, Thane(E) 400603 by Mr. Jaywant B. Ghyar.
- Two certified copies of letters dated 11/01/2012 addressed to the Public Relation Inspector, Kopri Post Office, Thane(East) written by Dharamdas N. Lakhani & other society members/residents along with all its enclosures.
- Two certified copies of any inquiry report submitted by the inquiry officer to his seniors in respect of above mentioned complaints and counter complaints by various parties.
- Two certified copies of any say filed/explanation submitted by Mr. Jaywant B Ghyar in response to two memos issued by the Post Master, Kopri Post Office dated 03/01/2012 & 06/01/2012.
- Two certified copies of any reply given to complainant Mr. Mohan G. Shahani & Miss. Rani Mohanlal Shahani by Postal Authorities in respect of their complaints dated 29/12/2011 & 30/12/2011.
- Two certified copies of any enclosures/letters/complaints filed by members either directly or through Miss. Rani M. Sahani in her capacity as Secretary of the society as claimed by her in her letter dated 29/12/25011 addressed to The Post Master, Thane(East) that many members have complained to her.
- Two certified copies of any other letter submitted by either Miss. Rani M. Shahani & her father Mr. Mohan G. Shahani or any reminder given by them to postal authorities after 29/12/2011.
- How many times Mr. Mohan G. Shahani & Miss Rani M. Shahani has visited the office of the Senior Supdt. Of Post Offices in respect of their complaints against postman Mr. Jaywant B Ghyar.
- Two certified copies of any complaints filed by postal authorities with Kopri Police Station to protect postman Mr. Jaywant B Ghyar and postal property.
- Two certified copies of any notice issued in respect of any excess funds paid/withdrawn by Miss. Rani M Shahani or her parents from her postal account.
- Two certified copies of each of the RTI application filed by Miss Rani M. Shahani in your department.
- Two certified copies of each of the reply given by CPIO in respect of each of the RTI applications filed by Miss Rani M. Shahani.
- Two certified copies of any explanation sought from Miss Rani M. Shahani by postal authorities after receiving complaints from postman and letter from residents.
- Two certified copies of any explanation submitted by Miss. Rani M. Shahani in respect of any explanation sought by postal authorities.
Grounds for the Second Appeal: The CPIO has not given the complete information and some of the information has been refused under Section 8(1) of the RTI Act, 2005, as follows: In relation to point 1- CPIO refused to give information under section 8(1)(g), In relation to point 2- a,b,c,d,e,h,I,j,k,n,o,p- disclosure of information rejected under section 8(1)(e)&(j) In relation to point 2-g, disclosure of information is rejected under section 8 (1) (h) & (j).
Relevant Facts emerging during Hearing: The following were present
Appellant: Mr. Ajit Hariram Lakhani thrugh VC
Respondent: Ms. Shymla Srinivasan CPIO’s representative through VC
The CPIO’s representative stated that the appellant in his RTI application dated 28/01/2012 had asked for various information relating to a complaint against a postman Mr. Jaywant B Ghyar but the information relates to a third party, is personal in nature and since no larger public interest has been cited to justify the disclosure, exemption has been claimed under 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. 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. She further stated that they had carried out the process as outlined under Section 11 of the RTI Act but the said employee had objected to the disclosure of information. The appellant contested stating that he has just met the employee and can produce a ‘no objection’ from him for the disclosure of the information. The CPIO’s representative stated that in case the appellant produces a ‘no objection’ from the concerned employee they will furnish the information.
Decision notice:
As agreed by the CPIO’s representative the information as above should be furnished to the appellant within 15 days from the date he produces a ‘no objection’ from the concerned employee. The appeal is disposed of accordingly.
BASANT SETH
Information Commissioner
Citation: Mr. Ajit Hariram Lakhani v. Department of Posts in File No. CIC/BS/A/2012/000974/3315