While the Supreme Court
deciding the question whether the Central Information Commissioner acting under
the Right to Information Act, 2005 (RTI Act) was right in denying information
regarding the third respondent’s personal matters pertaining to his service
career and also denying the details of his assets and liabilities,
movable and immovable properties on the ground that the information sought for
was qualified to be personal information as defined in clauses (j) of section 8
(1) of the RTI Act, in Girish Ramchandra Deshpande Vs Central Information
Commissioner & others held
The performance of an
employee/officer in an organization is primarily a matter between the employee
and the employer and normally those aspects are governed by the service rules which
fall under the expression “personal information” the disclosure of which has no
relationship to any public activity or public interest. On the other hand, the
disclosure of which would cause unwarranted invasion of privacy of that
individual.
It was further held, the
details disclosed by a person in his income tax return are “personal
information” which stand exempted from disclosure, unless involves a larger
public interest.
In the present case the
petitioner had sought for copies of all memos, show cause notices and
censure/punishment awarded to the third respondent from his employer and also
details viz. movable and immovable properties and also the details of his
investments, lending and borrowing from Banks and other financial institutions.
Further, he has also sought for the details of gifts stated to have accepted by
the third respondent, his family members and friends and relatives at the
marriage of his son. The Supreme Court dismissed the petition on the view that
the petitioner has not succeeded in establishing that the information sought
for is for the larger public interest.
Prepared
by: S. Hemanth
Advocate
at Hemanth
& Associates
