Central Information Commission
Ms Manisha vs Integrated Headquarter Of Army, Mod on 10 December, 2008
Central Information Commission
Appeal No. CIC/WB/A/2007/001636-SM dated 20.12.2007
Right to Information Act-2005 - Under Section (19)
Dated 10.12.2008
Appellant: Ms Manisha
Respondents: Integrated Headquarter of Army, MOD
The Appellant present in person.
On behalf of the Respondents, the following were present:-
(i) Col. A. K. Vyas, Director, RTI
(ii) Lt. Col. T. Roy, PIO, Southern Command
(iii) Maj. Manisha Gahlot, GSO-1 (Legal) Brief facts of the case are as under:-
2. The Appellant had requested the CPIO in her letter dated 08.10.2007 for information regarding the monthly salary details of Capt. Naresh Kundu. The CPIO denied the information treating it as personal information exempt from disclosure under Section 8(1) (j) of the RTI Act. Against this, the Appellant preferred the first appeal before the Appellate Authority who decided her case on 22.11.2007. the Appellate Authority upheld the decision of the CPIO denying the information sought has exempt under Section 8 (1) (j) of the RTI Act. She has approached this Commission in second appeal.
3. During the hearing, she submitted that as the wife of Capt. Kundu, she had right to know about his salary details. The Respondents argued that the salary details of their officers could not be shared with anyone else as it would amount to invasion of that officer's privacy and, in any case, this was personal information having no bearing on public interest. The Appellant referred to a decision of the Central Information Commission in a similar case, namely, Appeal No. CIC/MA/A/2008/00332 dated 22.05.2008 (Vishnu Bhagwan Sharma Vs Department of Posts) in which the Appellant had sought information about the salary details of an employee. The Commission had held as follows;-
**** **** **** **** "3. As per Section 4(1) (b) (x) of the Act, "the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations" should be put in public domain. The CPIO is, therefore, directed to examine the application for information in the light of the above provision and accordingly furnish the information."
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4. Section 4(1) (b) (x) reads as follows:
"the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations".
5. It is evident from the above that the details of remuneration etc., of an employee were to be disclosed by the Public Authority as a part of sue-moto disclosure under Section 4(1) (b) of the RTI Act. In other words, information in respect of the salary and other remunerations of an employee are not privileged information and will have to be placed in the public domain. If the Public Authority concerned has not done so yet, it must immediately place such details in the public domain. We direct the CPIO and the Appellate Authority to provide the information in regard to monthly remuneration received by Capt. Naresh Kundu (DE-83MCEME) at the time of providing the information within 10 working days from the receipt of this order. Other details sought by the Appellant need not be provided as it is not mandated under the above section of the Act.
6. We, thus, dispose off this appeal. Copies of this order be given free of cost to the parties.
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(Satyananda Mishra) 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.
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(Vijay Bhalla) Assistant Registrar