Copy of the warnings / memorandum issued to Telephone Operator was denied u/s 8(1)(j) - CIC: matters relating to disciplinary action is between the employer and the employee and no such larger public interest has been shown; appeal rejected
1. Vide RTI dt 22.7.13, appellant had sought information on 2 points relating to the rude attitude of the Telephone Operator.
2. CPIO vide letter dt 19.8.13, provided a response.
3. An appeal was filed on 21.8.13.
4. AA vide order dt 26.9.13, directed AR(Telephone) to provide information on the action taken on the complaint directly to the appellant before 10.10.13.
5. Submissions made by the appellant and public authority were heard. CPIO submitted that in pursuance to the directions of the FAA, AR, Telephones, provided a response dt 9.10.13. Copy is submitted to the Commission and taken on record. Appellant submitted that he should be provided a copy of the warnings/memorandum issued to the concerned telephone operator. CPIO referred to the Supreme Court’s order in the case of Girish Ramchandra Deshpande and held the information to be exempt under section 8(1)(j).
6. The Hon’ble Supreme Court in the case of Girish Ramchandra Deshpande has held that matters relating to disciplinary action etc is between the employer and the employee and hence need not be disclosed unless larger public interest is involved. In the instant case, no such larger public interest has been shown. Accordingly, the Commission sees no reason to interfere with the orders of the AA and appeal is disposed of.
Central Information Commissioner
Citation: Ms. Geeta Sharma v. University of Delhi in File No. CIC/RM/A/2013/001021