Central Information Commission
Ms. Vipul Divya vs Visakhapatnam Steel Plant on 18 March, 2009
Central Information Commission
2nd Floor, August Kranti Bhawan,
Bhikaji Cama Place, New Delhi - 110 066
Website: www.cic.gov.in
Decision No.3774/IC(A)/2009
F. No.CIC/MA/A/2009/000102
Dated, the 18th March, 2009
Name of the Appellant: Ms. Vipul Divya
Name of the Public Authority: Visakhapatnam Steel Plant
i
Facts:
1. Both the parties were heard on 18/3/2009.
2. The appellant, wife of an employee of the respondent, has marital dispute. In this backdrop, she has asked for information concerning to her husband, Shri. Rajesh Sharma.
3. The information asked for relate to educational qualification and service conditions at the time of appointment, the details of salary and emoluments paid to him, the details of nominees indicated by him in the service records, medical book and claim of medical expenses, LTC facilities availed by him, the details of dependants shown in the service records. She has also asked for copies of movable and immovable assets as well as IT returns filed by him.
4. The CPIO has replied and furnished partial information, while the remaining information has been refused to her u/s 8(1)(j) of the Act. The CPIO has also sought for concurrence of Mr. Sharma u/s 11(1) of the Act and accordingly he has refused to disclose the information relating to the bank account, IT returns and property details, etc.
5. In the course of hearing, the details of information asked for and the information refused to the appellant were discussed. The appellant pleaded for providing complete information so that she can seek redressal of her grievances relating to marital dispute. In particular, she pleaded for information regarding the service conditions under which her husband is governed, salary details, i "If you don't ask, you don't get." - Mahatma Gandhi 1 particulars of dependants as shown in the service records by her husband, including copies of nomination form of PF and gratuity, etc, medical book and details of reimbursement on account of medical expenses and LTC, etc.
6. The appellant stated that they have a girl child, aged about ten years, and she is seeking the detailed information about her estranged husband to secure the rights of their child. She also stated that they are also receiving maintenance grant of about Rs.5000/- for herself and Rs.3,000/- for the child. She also stated that she does not want divorce from her husband, but at the same time they are unable to find ways to live together.
Decision:
7. A faster resolution of marital dispute is always in the public interest. Since the appellant is legally married, with a child, and has asked for details about her husband, there is no justification for withholding any part of information to the appellant, as it would assist in resolving the issue by the competent authority. As long as the couple is not legally separated, refusal to share information which commonly belongs to them is untenable. In a situation like this, when the couple is unable to live together, for the reasons best known to them, withholding of any part of personal or official information about them from each other would harm the interest of the society, particularly their girl child.
8. The CPIO is, therefore, directed to furnish the information asked for by the appellant on the basis of available records. The appellant would also be free to inspect the relevant documents to satisfy herself with the availability of required information.
9. With these observations, the appeal is disposed of.
Sd/-
(Prof. M.M. Ansari) Central Information Commissioner ii Authenticated true copy:
(M.C. Sharma) Assistant Registrar ii "All men by nature desire to know." - Aristotle 2 Name & address of Parties:
1. Ms. Vipul Divya, 403 Sri Laxmi Tower Magistrate Colony, Doranda, Ranchi-834 002.
2. Shri. Debasish Ray, CPIO, Visakhapatnam Steel Plant, Visakhapatnam -
530 031.
3. Shri. K.S. Shankar, Appellate Authority, Rashtriya Ispat Nigam Ltd., Visakhapatnam Steel Plant, Visakhapatnam - 530 031.3