Incomplete records due to non-submission of details by employee

Background

The appellant asked the personal details of Mr.Ashok Saxena regarding the filling of his wife name and children details in the employee service description form. The PIO declined the disclosure of information to the Applicant citing exemption under Section 8(1) (j) of the RTI Act. The FAA provided the copy of PF, GISDCRG nomination form filled by Mr. Alok Saxena to the appellant and also informed that Shri Saxena has not submitted any family declaration form to the public authority.

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During the hearing, the Respondents stated that this form is the only document by which an employee submits the details of his family members (including name of his wife) to the public authority and Shri Alok Saxena has not submitted the family declaration form to the public authority. Therefore, they expressed their inability to give the desired information to the Appellant. Since, no information existed in the record, the appeal was dismissed.

Comments

Whether the information is liable to be provided or is exempt from disclosure is an issue which can be discussed only when information is on record. In this case, was the public authority required to compel Shri Alok Saxena to produce the information? It is to be noted that as per law, the individual was required provide this data to the public authority.

Citation: Ms. Anjula Srivastava v. West Central Railway in file no. CIC/AD/A/2012/000051