Central Information Commission
Shri. M Sankaranarayanan vs Drat, Mumbai on 22 November, 2012
Central Information Commission, New Delhi
File No.CIC/SM/A/2011/0001367
Right to Information Act2005Under Section (19)
Date of hearing : 22 November 2012
Date of decision : 22 November 2012
Name of the Appellant : Shri M Sankaranarayanan,
M/s. Indialaw, 33, 5th Floor,
Kamer Building, 38, Cawasji Patel Street,
Fort, Mumbai - 400 001.
Name of the Public Authority : CPIO, Mumbai Debts Recovery Tribunal
No. 1, 5th Floor, Scindia House, N M Marg,
Ballard Estate, Mumbai - 400 038.
The Appellant was not present in spite of notice.
On behalf of the Respondent, Shri Rajagopal Iyer, CPIO, was present.
Chief Information Commissioner : Shri Satyananda Mishra
2. The Appellant did not turn up for the hearing in the Mumbai studio of the NIC. The Respondent was present there and made his submissions.
3. The Appellant had sought the details of the property returns filed periodically by Sri VS Pal, Recovery Officer, DRT 1. The CPIO had refused to disclose the details by claiming that it was personal information. The Appellate Authority had endorsed the stand taken by the CPIO. CIC/SM/A/2011/0001367
4. It is true that the property returns filed by a government servant are treated as his personal information. Such information is not normally disclosed as per the exemption provision contained in subsection 1(j) of section 8 of the Right to Information (RTI) Act. It can be disclosed though only if it would serve a larger public interest. In the present case, the Appellant has not brought out any facts to show that the disclosure of the property returns of this particular officer would serve any larger public interest. Therefore, the desired information cannot be provided to him. We wish the CPIO and Appellate Authority had referred to the appropriate exemption provision in denying the information instead of simply stating that it was personal information.
5. The appeal is disposed off accordingly.
6. Copies of this order be given free of cost to the parties.
(Satyananda Mishra) Chief Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(Vijay Bhalla) Deputy Registrar CIC/SM/A/2011/0001367