Central Information Commission
R. K. Sharma vs Central Warehousing Corporation on 15 May, 2020
Author: Neeraj Kumar Gupta
Bench: Neeraj Kumar Gupta
केन्द्रीय सच
ू ना आयोग
Central Information Commission
बाबा गंगनाथ मागग,मनु नरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
द्वितीय अपील संख्या/Second Appeal No. CIC/CWCRP/A/2018/158330
R. K. Sharma ... अपीलकताग/Appellant
VERSUS
बनाम
CPIO, Central Warehousing ...प्रनतिािी/Respondent
Corporation, New Delhi.
Relevant dates emerging from the appeal:
RTI : 11-07-2018 FA : 20-08-2018 SA : 24-09-2018
CPIO : 06-05-2020 FAO : 11-09-2018 Hearing: 11-05-2020
ORDER
1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Central Warehousing Corporation, New Delhi seeking following information:-
"Statement of the Performance Related Pay (PRP) payable to the executives for the year 2016-17 in the Chandigarh region."
2. The CPIO responded on 06-05-2020. The appellant filed the first appeal dated 20-08-2018 which was disposed of by the first appellate authority on 11-09- 2018. Thereafter, he filed a second appeal u/Section 19(3) of the RTI Act before the Commission requesting to take appropriate legal action against the CPIO u/Section 20 of the RTI Act, 2005 and also to direct him to provide the sought for information.
Hearing:
3. The appellant, Mr. R. K. Sharma did not attend the hearing and was also not reachable on phone. Ms. Shabita Singh, Manager(G) participated in the hearing Page 1 of 4 representing the respondent through video conferencing. The written submissions are taken on record.
4. The respondent submitted that the Performance Related Pay (PRP) is a matter between employer and employees and therefore it is exempted u/Section 8(1)(j) of the RTI Act, 2005.
Decision:
5. This Commission observes that the Performance Related Pay (PRP) of the individual employees consisting of 'financial rewards' linked to the assessment of their work performance is cleared out of the public exchequer and therefore, no privacy of these employees would be compromised in disclosing only the 'gross figures' of the amount disbursed by the public authority. However, other performance related details generated during the course of assessment which are governed by the service rules falling under the expression 'personal information' need not be disclosed, as it is a matter between employer and employees covered by the ratio of the judgment of the Hon'ble Supreme Court of India in Girish Ramchandra Deshpande v. Central Information Commissioner & Ors., (2013) 1 SCC 212, wherein, it was observed as under:-
"13...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."
6. In view of the above, the respondent is directed to disclose the statement of the Performance Related Pay (PRP) limited to the 'gross figures' of the amount disbursed by the public authority, within a period of 15 days from the date of receipt of this order.
7. With the above observations, the appeal is disposed of.
Page 2 of 48. Copy of the decision be provided free of cost to the parties.
Neeraj Kumar Gupta (नीरज कुमार गप्ु ता) Information Commissioner (सच ू ना आयक् ु त) दिनांक / Date: 11-05-2020 Authenticated true copy (अभिप्रमाणित सत्यावपत प्रनत) S. C. Sharma (एस. सी. शमाग), Dy. Registrar (उप-पंजीयक), (011-26105682) Page 3 of 4 Addresses of the parties:
1. The CPIO, Central Warehousing Corporation, DGM (Pers.) & Nodal CPIO, RTI Cell, 4/1, Siri Institutional Area, Hauz Khas, New Delhi-110016.
2. Mr. R. K. Sharma Page 4 of 4