Queries related to compassionate appointment were sought by the wife of a deceased soldier - CIC: It is third party information as understood under Section 8 (1)(j) of the RTI Act and is personal information of the applicant; It is barred from disclosure7 May, 2020
The instant appeal originates from RTI application dated 30.06.2018, which deals with queries related to compassionate appointment sought by Smt. Mala Devi, the wife of a deceased soldier, Late Sh. Sanjay Kumar Das. The appellant has sought certified legible copy of the application submitted by Smt. Mala Devi seeking compassionate appointment; enclosures submitted with the application regarding movable and immovable properties; enclosures submitted with the application regarding academic and other qualifications, caste certificate etc. submitted with the application; letter dated 25.05.2018 issued by the respondent regarding legal heir of the deceased. Appellant has further stated that he is the brother of the deceased’s first wife, Smt. Sulekha Devi and guardian of the deceased’s son – Sh. Saurabh Kumar, from his first wife. A letter of authorization from Sh. Saurabh Kumar has also been annexed with the RTI application.
The PIO/CRPF, Group Centre, Gurugram vide letter dated 24th September 2018 denied information to the appellant, invoking Section 24 of the RTI Act.By a letter dated 08.10.2018, the Commandant-153 Bn, CRPF - Sh. Saurabh Kumar Chaudhary has informed the appellant that information sought by him pertains to documents submitted by Smt. Mala Devi, the second wife of the deceased soldier, seeking appointment on compassionate grounds. He has clarified that such information cannot be supplied to the appellant. Aggrieved by the denial of information by PIO/CRPF, the appellant filed a First Appeal dated 05.10.2018which was decided by the FAA, CRPFvide order dated 30.10.2018 upholding the PIO’s reply. Hence, the instant Second Appeal was filed by the appellant.
Proceedings during hearing:
Due to nation-wide lockdown being observed, to prevent the spread of the pandemic of COVID-19, hearings are being conducted through audio conference. The appellant participated in the hearing on being contacted on his telephone number: 99399 14809 and reiterated facts of the case. The Respondent did not participate in the hearing.
Perusal of records of the case reveal that information sought by the appellant comprise third party information as understood under Section 8 (1)(j) of the RTI Act and is personal information of the applicant-Smt. Maya Devi. Hence, notwithstanding provisions of the Section 24 of the RTI Act, the information sought by the appellant is barred from disclosure and hence, the request of the appellant cannot be acceded to in this case.
The instant appeal is thus dismissed.
Y. K. Sinha
Citation: Sunil Kumar v. Central Reserve Police Force in Second Appeal No. CIC/CRPFO/A/2018/635457, Date of Decision : 28.04.2020