Central Information Commission
Manmohan Singh vs Social Welfare Department Ut Of J & K on 18 January, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग, मुननरका
Baba Gangnath Marg, Munirka
नईदिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/SWDJK/A/2022/631432
Shri Manmohan Singh ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, Social Welfare Department UT of J & K ...प्रनतवािीगण /Respondent
Date of Hearing : 18.01.2024
Date of Decision : 18.01.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 18.01.2022
PIO replied on : 22.04.2022
First Appeal filed on : 20.03.2022
First Appellate Order on : 21.04.2022
2 Appeal/complaint received on
nd : 14.06.2022
Information soughtand background of the case:
The Appellant filed an RTI application dated 18.01.2022 seeking employment, qualification details etc. of Amarjeet Kaur and Gurdeep Kaur. The District Social Welfare Officer, Jammu vide letter dated 22.04.2022 replied as under:-
"Reply:- In reply to this point, it is submitted here that it is matter between employee and the employer and normally these aspects are governed by the Service rule which fall under the personal expression. On the Other hand, It would cause unwarranted Invasion of privacy of the Individual. Hence, under section 8(1) F, 2(d) of RTI Act, the information cannot be provided. Also the concerned officials has not provided her consent to provide the service related documents. Hence the information is submitted accordingly."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 20.03.2022. The PIO and Asst Director (Adm) D/o Social Welfare vide order dated 21.04.2022 stated as under:-
"An application under Right to Information Act, 2005 filed by Manmohan Singh R.S.Pura Jammu has been received by the Department. After perusal of the RTI application, it was found that the RTI Application pertains to your office therefore, I am directed to transfer the application to you in terms of Section 6 (3) of RTI Act, Page 1 of 2 2005, with the request to kindly provide the requisite information to the applicant directly within the stipulated time as per Right to Information Act, 2005. Section 6(3) of the RTI Act, 2005 provides as under:
Where, an application is made to a Public Authority requestingfor information.
a) Which is held by another Public authority: or
b) The subject matter of which is more closely connected with the functions of another Public authority."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Appellant: Absent Respondent: Smt Shivani Gotra, CPIO and Asst. Director (Admin) The Appellant remained absent during the hearing despite prior intimation. Smt Shivani Gotra stated that the information sought was denied as it was personal information of third party exempted from disclosure as per the RTI Act, 2005.
Decision:
Keeping in view the facts of the case and the submissions made by the Respondent, the Commission is in agreement with the CPIO present during the hearing. However, it is observed that in the reply dated 22.04.2022 incorrect exemption u/s 8 (1) (F) and 2 (d) were cited. Personal information of third parties is exempted from disclosure as per Section 8 (1)(j) of the RTI Act, 2005 which should have been cited by the CPIO at the outset. Smt Shivani Gotra, CPIO and Asst. Director (Admin) is therefore directed to ensure that replies should be provided in accordance with the provisions of the RTI Act, 2005 in future.
The instant Second Appeal stands disposed off as such.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 2 of 2