Seeking TA Bill details of an employee of Post Office -PIO denied stating that it is personal information of third party - CIC: TA bills of public servants are paid out of public funds and cannot be treated as personal information
Provide month wise TA Bill details and payment details of Mr. D.R. Suthar, ASP Jodhpur from the date of his joining at Jodhpur till February 2012.
Grounds for the Second Appeal:
The PIO has refused to disclose information 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 RTI Act, 2005.
Relevant Facts emerging during Hearing:
The appellant stated that there was misappropriation of funds at Phalodi PO which was enquired into by Mr. D.R. Suthar who had claimed various TA bills in connection with the said enquiry and he wants copies thereof. The CPIO’s representative argued that the information is personal in nature. The appellant contested stating that the TA bills of public servants are met out of public funds and the information cannot be treated as personal. He further stated that the Commission in the past has allowed disclosure of such information and cited Coordinate bench order in appeal NO. 07/IC (A)/CIC/2006 dated 06/03/2006 (Dinesh Berry v/s Bharat Petroleum Corporation Ltd.) to support of his contention.
The Commission in the past has held that TA bills of public servants are paid out of public funds and the information relating to these cannot be treated as personal information. The CPIO should disclose the information as above to the appellant within 15 days from the date of receipt of this order. The appeal is disposed of accordingly.
Citation: Mr. Ranulal v. Department of Posts in File No. CIC/BS/A/2012/001172/3454