The leave record of a employee for a particular period was denied claiming it to be a third party information - Appellant: the employee was found roaming around in the court and harassing people during the said period - CIC: provide the leave records
The Appellant was present at the NIC Studio, Muzaffapur. On behalf of the Respondents, Shri U. N. Pandey, Chief Manager was present at the NIC Studio, Muzaffapur.
Information Commissioner : Shri Sharat Sabharwal
This matter pertains to an RTI application dated 18.8.2012 filed by the Appellant, seeking information regarding the leave record of a third party employee of the bank during the period 1.10.2009 to 30.11.2009. The CPIO responded on 21.9.2012 and denied the information as it pertained to a third party. Not satisfied with the reply of CPIO, the Appellant filed an appeal to the First Appellate Authority on 16.10.2012. In his order dated 14.11.2012, the FAA upheld the CPIO’s reply. The Appellant approached the CIC in second appeal on 11.2.2013.
2. We heard the submissions of the Appellant and the Respondents. The Respondents reiterated the reply already given by them to the Appellant. The Appellant stated that the third party employee of the bank has filed a criminal case in a court against some persons and during the period mentioned in the RTI application, he was found roaming around in the court and harassing people. Therefore, he (the Appellant) had sought the information mentioned in his RTI application to ascertain whether the employee in question had taken leave to be present in the court. He further submitted that since the third party employee receives his salary from public funds, his leave record should be disclosed to him. In this context, the Appellant has also quoted Commission’s decision No. CIC/SG/A/2012/001137/19097 dated 25.5.2012, vide which disclosure of similar information was ordered. The Respondents submitted that the court case concerns some personal matter between the parties and they would be willing to provide the information in case the concerned court orders it.
3. Having considered the records and the submissions made before us by both the parties, we direct the CPIO to provide the information, sought by the Appellant vide his RTI application dated 18.8.2012, within 30 days of the receipt of this order, under intimation to the commission.
4. With the above observations, the appeal is disposed of.
5. Copies of this order be given free of cost to the parties.
Citation: Shri Sudisht Narayan Prasad v. Bank of India in File No. CIC/VS/A/2013/000428/SH