Service particulars of a bank employee who was father of the appellant were denied u/s 8(1)(j) - Appellant: service particulars officers are public domain matters - CIC: obtain the submission of the third party regarding disclosure of inform as per sec 11
9 Jan, 2014Facts
1. The appellant filed an application dated 26.09.2012 under the RTI Act, seeking information regarding service particulars of a bank employee. Respondent responded on 19.10.2012. Appellant filed first appeal before the First Appellate Authority (FAA) on 05.11.2012. The FAA responded on 03.12.2012. Appellant filed this present second appeal on 14.12.2012.
Hearing
2. The appellant participated in the hearing through video conferencing. Respondent was absent.
3. The appellant stated that information sought by her is regarding details of service particulars of a bank employee who is father of the appellant. The appellant stated that information sought is about certain basic facts pertaining to her own father’s service related matter, but the bank at the CPIO level is not only refusing information, but also not disclosing the reasons for denial of information. With reference to the FAA order, the appellant stated that the service particulars of bank officers are public domain matters.
4. The respondent stated that information sought by the appellant is exempted from disclosure and falls under section 8(1) (j) of the Act.
5. This is a matter where information sought by the appellant falls 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: 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 Act.
Decision
6. The respondent is directed to undertake action 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: 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 for obtaining the submission of the third party with regard to disclosure of information. Compliance must be done within 30 days from the issuance of this order. Appeal is disposed of. Copy of decision be given free of cost to the parties.
(Vijai Sharma)
Information Commissioner
Citation: Smt. Umabharathi v. State Bank of India in Decision No.CIC/VS/A/2013/000242/05602