Salary slips of CRPF ASI were denied taking shelter u/s 24(1) of the RTI Act, 2005 - FAA held it as personal information - CIC: As the appellant is seeking pay slip etc. of her husband, the same would not qualify to be personal information of third party
25 Aug, 2016ORDER
1. Smt. Seema Chandra filed an application 12.06.2014 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Central Reserve Police Force (CRPF), New Delhi seeking information pertaining to salary slips, total emoluments etc. of ASI Manoj Chandra interalia stating that she had filed an application dated 14.06.2014 but the information has been denied to her taking shelter under Section 24(1) Nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to that Government: Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section: Nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to that Government: Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section: Nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to that Government: Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section: of the RTI Act, 2005 and that in response to her first appeal, the information has been refused on the ground that under 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, personal information cannot be provided as ASI, Manoj Chandra has objected to divulge of his personal information.
2. The appellant filed second appeal dated 07.10.2014 with the Commission on the ground that the information sought by her has not been provided and earlier similar information has been provided to her.
Hearing:
3. The appellant Smt. Seema Chandra and the respondent Shri Balram Behera, Commandant (119 Battalion), CRPF attended the hearing through video conferencing.
4. The appellant submitted that the information relating to May 2007 to January 2010 and September 2011 to May 2012 regarding the pay slips etc. of her husband Shri Manoj Chandra, ASI, has not been provided to her.
5. The respondent submitted that as per Section 24(1) Nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to that Government: Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section: Nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to that Government: Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section: Nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to that Government: Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section: of the RTI Act, CRPF is exempted from the purview of the RTI Act, except when the information pertains to allegations of corruption and human rights violations. Nonetheless, a reply was provided to the appellant vide letter dated 25.09.2013. The respondent further submitted that ASI Shri Manoj Chandra has stated that personal information may not be disclosed to any third party.
Decision:
6. The Commission is aware that under Section 24(1) Nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to that Government: Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section: Nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to that Government: Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section: Nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to that Government: Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section: r/w Second Schedule of the RTI Act, 2005, CRPF has been declared an exempt organization. Hence, the provisions of the RTI Act are not applicable to the CRPF except when the information pertains to allegations of corruption or human rights violations. The Commission also observes that the appellant is seeking pay slips etc. of her husband Shri Manoj Chandra, ASI. The Commission in case no. CIC/AD/A/2012/003341SA dated 07.01.2014 had observed that:( i). Information about the salary of an employee of a public authority is not third party information. Such information has to be voluntarily disclosed u/s 4(1)(b)(x) of the RTI Act. (ii). Every spouse has a right to information about the particulars of the salary of other spouse especially for the purpose of maintenance. More so, wife has a right to know the salary particulars of the husband, who is an employee of the public. The Commission also held that “e) Especially when the wife is seeking the salary particulars of the Husband, from the public authority where he is working as public servant, it is the duty of the public authority to render required assistance by providing necessary information to her to secure justice. Denial of such information to wife is thus, highly unreasonable, not justified and it will also amount to breach of legal obligation”.
7. In view of the above, the Commission observes that since in the present case the appellant is seeking pay slip etc. of her husband, the same would not qualify to be personal information of third party. The Commission, therefore, directs the respondent to provide information as sought by the appellant within a period of four weeks from the date of receipt of a copy of this order.
8. The appeal/complaint is disposed of. Copy of decision be given free of cost to the parties.
(Sudhir Bhargava)
Information Commissioner
Citation: Smt. Seema Chandra v. Central Reserve Police Force in Decision No. CIC/VS/A/2014/003170/SB Decision No. CIC/VS/C/2014/000422/SB