Central Information Commission
Hari Govind Verma vs Department Of Posts on 22 June, 2022
Author: Saroj Punhani
Bench: Saroj Punhani
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग , मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/POSTS/A/2021/121074
Hari Govind Verma ......अपीलकता /Appellant
VERSUS
बनाम
CPIO,
Department of Posts,
Assistant Director General (SPG),
RTI Cell, Dak Bhawan, Sansad Marg,
New Delhi - 110001. .... ितवादीगण /Respondent
Date of Hearing : 20/06/2022
Date of Decision : 20/06/2022
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 18/02/2021
CPIO replied on : 04/03/2021
First appeal filed on : 15/03/2021
First Appellate Authority order : 07/05/2021
2nd Appeal/Complaint dated : 25/05/2021
Information sought:
The Appellant filed an RTI application dated 17.02.2021 seeking information regarding transfer order and posting of former PMG and Director Allahabad Region, Allahabad (U.P.), including inter-alia;
1.) What was the reason of order for transfer and posting of Shri SF Rizwi the former PMG Allahabad region from Allahabad region to Kerala circle? A 1 copy of the same order may kindly be provided along with copy of relevant note sheets.
2.) What was the reason of order for transfer and posting of Shri SK Rai former DPS O/O PMG Allahabad region from Allahabad region to Orrisa circle? A copy of true same order may kindly be provided along with copy of relevant note sheets.
The CPIO replied to the appellant on 04.03.2021 stating as follows:-
Para 1 & 2: The information sought "what are the reasons for transfer of these two officers" does not fall under the purview of section 2(f) of RTI Act 2005 hence cannot be supplied.
Copies of relevant note sheet cannot be supplied as no public interest is involved, hence denied under section 8 (1)(j).
Copies of transfer orders of Shri S. F. Rizvi and Shri S. K. Rai sought for vide your RTI application dated 18.02.2021 received in this office on 22.02.2021 are available in Department of Posts www.indiapost.,gov.in and the same may please be accessed through the link www.indiapost.gov.in<>Emplovees Corner<>Promotions and Posting. However, copies of order annexed."
Being dissatisfied, the appellant filed a First Appeal dated 15.03.2021. FAA's order dated 07.05.2021 upheld the reply of CPIO.
Feeling aggrieved and dissatisfied, the appellant approached the Commission with the instant Second Appeal on the ground of denial of information by the CPIO.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present through video-conference.
Respondent: Vinayak Mishra, Asst. Director General (SPG) & CPIO present through intra-video conference.
The Appellant stated that he is aggrieved by the factum of denial of note sheets pertaining to transfer orders of averred officers by the CPIO. He further stated that transfers of averred persons played a major role in enforcing disciplinary action against him, therefore he needs the said information.2
The CPIO reiterated the contents of his latest written submission dated 08.06.2022, relevant extracts of which are as under -
"...For reasons, information in material form is not available and also it does not fall under the purview of section 2(f) of the RTI Act, 2005.
AlI Copies of transfer orders are placed on India post website and any one can see and take copies from the website - (www.indiapost.gov.in) - Employees corner (Promotion and Postings/Circular). Further, copies of requisite orders are already supplied to you.
As regards, providing note sheet in respect of these transfers, it is informed that note sheets contain comments/views of various- level officers, and disclosing of which will not serve any public interest. AIso, you are not, a part of these transfers. In view of above, note sheets have not been provided to you under section 8 (1) (j) of the RTI Act...."
Decision:
The Commission upon a perusal of records finds no infirmity in the reply provided by the CPIO as the same was in consonance with the provisions of RTI Act.
Further, the CPIO has appropriately denied the transfer orders' note sheet concerning the third parties under Section 8(1)(j) of RTI Act to the Appellant. In this regard, attention of the Appellant is drawn towards a judgement of Hon'ble Supreme Court of India 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 while explaining 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, 3 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..."
(Emphasis Supplied) In view of the above, no further relief can be granted in the matter.
However, the Commission empathizes with the concern of the Appellant and advises him to pursue the matter through proper administrative mechanism.
The appeal is disposed of accordingly.
Saroj Punhani (सरोजपुनहािन) हािन) Information Commissioner (सूचनाआयु ) Authenticated true copy (अिभ मािणत स#यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 4