Information pertaining to service details of her husband were denied u/s 8(1)(j) of the RTI Act - Appellant claimed that she continues to be the wife of the individual regarding whom information has been sought - CIC: Process as per Section 11 of RTI Act
10 Jul, 2020Information sought:
The Appellant sought information pertaining to service details of her husband Chidipothu Mallikarjuna Rao, in terms of March 2018 pay slip, last pay certificate etc.
Grounds for the Second Appeal:
The CPIO has not provided the desired information.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present through VC.
Respondent: Wg Cdr S.K. Ojha, CPIO, Sudhir Kumar, APIO, Cpl Robil
Pathania, Chhotay Lal Sah, S&A, Dte. Of Pers., Air HQ (VB), New Delhi present in person.
Appellant stated that she is not satisfied with the reply of the CPIO, as she continues to be the wife of the individual regarding whom information has been sought. She further stated that on sl. No. 4 of the document sought in the instant RTI Application “nomination for PRIC benefit AFGIS – 224” she has not affixed her finger print and the individual has got the finger print of some unknown person affixed on the same which amounts to fraud.
CPIO submitted that last pay and emoluments drawn by the individual regarding whom information has been sought was provided to the
Appellant on 10.10.2018. He further submitted that, however, other documents sought in the RTI Application has been denied under Section 8(1)(j) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. of the RTI Act.
Decision
Commission observes upon perusal of facts on record that the reply of the CPIO is appropriate in as much as last drawn pay details of the averred individual has been provided and the same is in compliance with Section 4(1)(b)(x) of RTI Act. Similarly, the denial of remaining service-related details under Section 8(1)(j) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. of RTI Act is upheld. In matters concerning disputes of husband and wife, Commission is guided by the judgment of Hon’ble Delhi High Court in the matter of Vijay Prakash vs. Union of India (W.P. (C) 803/2009) dated 01.07.2009 wherein Court observed that in private disputes such as the present one between a husband and wife
“…The basic protection afforded by virtue of the exemption (from disclosure) enacted under Section 8(1)(j) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. cannot be lifted or disturbed..”
Nonetheless, in light of the assertions made by the Appellant, Commission takes an empathetic view in the matter and directs the CPIO to process the RTI Application as per the provision of Section 11 of RTI Act.
In doing so, CPIO shall seek for the consent of concerned third party within 15 days from the date of receipt of this order. The third party shall be allowed 10 days from the date of receipt of consent notice to make their representation. As per receipt of consent, available information shall be provided to the Appellant free of cost within 7 days of its receipt. In the event, consent of third party is not received within the stipulated time or the third party refuses to the disclosure;
CPIO shall reiterate the denial of said part of the information as per Section 8(1)(j) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. of RTI Act to the Appellant upon expiry of the 10 days’ time period as mentioned above. A compliance report to this effect be duly sent to the Commission by the CPIO.
The appeal is disposed of accordingly.
Divya Prakash Sinha
Information Commissioner
Citation: Chidipothu Sarada v. Indian Air Force in File No: CIC/IAIRF/A/2018/154519, Date of Decision : 10/06/2020