Central Information Commission
Hans Raj Atal vs Edcil (India) Limited on 10 November, 2020
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क य सुचना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ माग
Baba Gangnath Marg
मुिनरका, नई द ली - 110067
Munirka, New Delhi-110067
File no.: CIC/EDCIL/A/2019/117528
In the matter of:
Hans Raj Atal ... Appellant
VS
Central Public Information Officer,
EDCIL India Ltd. Corporate Office
EDCIL House, 18-A Sector - 16-A,
Noida - 301 201 ...Respondent
RTI application filed on : 01/11/2018 CPIO replied on : 04/12/2018 First appeal filed on : 20/12/2018 First Appellate Authority order : 31/12/2018 Second Appeal dated : 12/04/2019 Date of Hearing : 09/11/2020 Date of Decision : 09/11/2020 The following were present:
Appellant: Present and assisted by M.B Rathore through audio conference. Respondent: Sunil Kumar Mathur, DGM (HR & Admin.) & CPIO present through audio conference.
Information Sought:
The Appellant has stated that one Shri Rajesh Kumar, presently working as an Executive in EDCIL, Noida, has opted for conversion of pay from CDA scale to IDA scale in the year 1991. However, the appellant has exercised the same option in the year 1992. In this regard, the appellant has sought the following information:
1. The copy of the implementation / Office Order of conversion from CDA to IDA pattern of both the employees with revised Pay scales.1
2. Provide the information with regard to retaining of seniority of Shri Rajesh Kumar and the appellant. Provide the details of conversion of pay from CDA to IDA w.e.f. 1991 till 2018 of both the said employees.
3. The office order/copy of letter regarding conversion of pay scales from CDA pattern to IDA pattern in the year 1991 by EDCIL.
4. The office order / copy of letter citing fixation of pay in the new pattern with revised rate / ratio of increment in different years starting from 1991 of both the employees.
Grounds for Second Appeal The CPIO has not provided complete information claiming exemption of Section 8(1)(j) of the RTI Act.
Submissions made by Appellant and Respondent during Hearing:
The Appellant stated that the case pertains to the wrong fixation of his pay vis- à-vis his junior, regarding whom the information has been sought for in the RTI Application.
The CPIO submitted the same grievance of the Appellant and similar queries as sought for in the instant RTI Application has been already heard and decided by the Commission vide File No. CIC/EDCIL/A/2018/160629 on 05.09.2019.
M.B Rathore submitted on behalf of the Appellant that had the pubic authority complied with the mandate of suo motu disclosure as prescribed under Section 4(1)(b)(x) of the RTI Act, they would not have been compelled to seek the pay fixation details of the averred employee by filing these RTI Applications.
Observations:
The Commission observes that the CPIO has provided an appropriate point- wise reply to the Appellant providing the permissible information and denying the details of pay fixation related to the other employee as per the exemption clause of Section 8(1)(j) of the RTI Act.
Concededly, as pointed out by the Appellant during the hearing, the mandate of Section 4(1)(b) of the RTI Act provides for the disclosure of certain information regarding government officials in the public domain, and Section 4(1)(b)(x) of the RTI Act in particular provides for - 'The monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations'.2
Nonetheless, in the instant matter, the Commission cannot lose sight of the fact that the Appellant has sought for the documents related to pay fixation of the other employee without citing any larger public interest subsisting in the said disclosure. In such cases, the Commission is guided by a judgment of the Hon'ble Supreme Court in the matter of Central Public Information Officer, Supreme Court of India Vs. Subhash Chandra Agarwal in Civil Appeal No. 10044 of 2010 with Civil Appeal No. 10045 of 2010 and Civil Appeal No. 2683 of 2010 wherein the import of "personal information" envisaged under Section 8(1)(j) of RTI Act has been exemplified in the context of earlier ratios laid down by the same Court in the matter(s) of Canara Bank Vs. C.S. Shyam in Civil Appeal No.22 of 2009; Girish Ramchandra Deshpande vs. Central Information Commissioner & Ors., (2013) 1 SCC 212 and R.K. Jain vs. Union of India & Anr., (2013) 14 SCC 794. The following was thus held:
"59. Reading of the aforesaid judicial precedents, in our opinion, would indicate that personal records, including name, address, physical, mental and psychological status, marks obtained, grades and answer sheets, are all treated as personal information. Similarly, professional records, including qualification, performance, evaluation reports, ACRs, disciplinary proceedings, etc. are all personal information. Medical records, treatment, choice of medicine, list of hospitals and doctors visited, findings recorded, including that of the family members, information relating to assets, liabilities, income tax returns, details of investments, lending and borrowing, etc. are personal information. Such personal information is entitled to protection from unwarranted invasion of privacy and conditional access is available when stipulation of larger public interest is satisfied. This list is indicative and not exhaustive..."
In addition to the aforesaid, the Commission has also considered the earlier decision issued vide File No. CIC/EDCIL/A/2018/160629 on 05.09.2019 as pointed out by the CPIO during the hearing. In the said case also the same grievance of the Appellant was heard and it was held that there was no scope for the Commission to intervene in the matter.
Decision:
In view of the foregoing observations, the Commission finds the instant appeal bereft of merit and upholds the reply of the CPIO.3
The Appeal is disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मा णत स या पत ित) A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011- 26182594 / दनांक / Date 4