Central Information Commission
Sayani Mukherjee vs Directorate Of Ordnance on 20 February, 2026
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग,मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/DODEF/A/2024/129968/DOORD +
CIC/DOORD/A/2024/127574
Sayani Mukherjee ... अपीलकताग/Appellant
VERSUS
बनाम
CPIO: Directorate of Ordnance
(C&S), Kolkata ...प्रनतवािीगण/Respondents
Relevant dates emerging from the appeals:
SA : 23.08.2024 &
RTI : 21.05.2024 FA : 28.06.2024
12.09.2024
CPIO : 13.06.2024 FAO : 16.07.2024 Hearing : 18.02.2026
The instant set of appeals have been clubbed for decision as these relate to the same
RTI application.
Date of Decision: 19.02.2026
CORAM:
Hon'ble Commissioner
_ANANDI RAMALINGAM
ORDER
1. The Appellant filed an RTI application dated 21.05.2024 seeking information on the following points:
1. I have been asked to submit leave application for late attendance vide Memorandum No.13/07/2024-Estt. (NG) dated 07.05.2024 (copy enclosed).
In this connection, I request your good office to kindly provide the following information/documents under RTI Act, 2005: -
CIC/DODEF/A/2024/129968/DOORD & CIC/DOORD/A/2024/127574 Page 1 of 6(i) Copies of Bio-matric attendance report of all Group-B (Gazetted & Non-
Gazetted) officials and Group-C officials, who are posted at DoO(C&S), Kolkata, during the period from 01.01.2024 to 30.04.2024.
(ii) How many officials, who are posted at DoO(C&S), Kolkata, have been asked to submit leave application for late attendance till date except myself.
(iii)Copies of Memorandum, vide which, leave applications were sought for, from other officials, those are posted at DoO(C&S), Kolkata, for late attendance.
2. I also request your good office to kindly provide all copies of Leave DO Part-II Order in respect of myself, which were issued by Estt.(NG) during the period from 01.01.2020 to 31.12.2022.
2. The CPIO replied vide letter dated 13.06.2024 and the same is reproduced as under :-
"Point No.(i), (ii), & (iii): The required information provided by concerned division is enclosed."
CPIO Reply Annexure "'The information regarding Bio-metric Attendance of all Gr. B (G & NG) and Gr. C officials of DoO(C&S), Kolkata and copies of Memorandum to other officials are not to be disclosed to 'THIRD PARTY' as per RTI Rule 8 (1) (j) (copy enclosed)."
3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 28.06.2024 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 16.07.2024 stated as under: -
"It is seen from the documents on record that the CPIO has furnished the reply vide letter no.24250184/A/PIO/RTI dt. 13/06/24. From the records, it is observed that the information sought under point no. 1 of RTI application falls within third party information and hence according to RTI Act-2005- under 8(1)(j), the CIC/DODEF/A/2024/129968/DOORD & CIC/DOORD/A/2024/127574 Page 2 of 6 information cannot be disclosed. However, CPIO is directed to provide the documents sought under point no. 2 of RTI application."
4. Aggrieved with the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 23.08.2024 & 12.09.2024. Hearing Proceedings & Decision:
5. The appellant and on behalf of the respondent Madhuparna Roy, Staff Officer, attended the hearing through video conference.
6. The appellant inter alia submitted that certain disciplinary action had been initiated against her for late biometric attendance marking. Therefore, she had requested for the biometric attendance records of other officials to draw comparison and confirm as to whether the attendance policy has been applied uniformly to officials.
7. The respondent while defending their case inter alia submitted that the appellant had requested for third-party information, exempted under the provisions of Section 8 (1)
(j) of the RTI Act. Further, the CPIO relied on the judgment dated 03.10.2012 passed by the Apex Court in Girish Ramchandra Deshpande vs Centra .Information Commr. & Ors [2013 (1) SCC 212] and stated that the data and records sought in the instant appeal are protected in terms of fiduciary relationship shared between employer and employee. Further, the information sought regarding earned leave (EL) deduction was provided to the appellant on 25.07.2024, in compliance of the FAA's directions. The written submissions sent by the CPIO dated 16.02.2026 are taken on record and are extracted below:
"i. The applicant filed an RTI application dt. 21-05-2024 (enclosed). ii. The then CPIO/DoO(C&S), upon receipt of the application, duly forwarded the same to the concerned information holder of DoO(C&S),Kolkata for necessary information/documents. Upon receipt of the information, CPIO/DoO(C&S) furnished the reply to applicant on 13-06-2024. (enclosed) CIC/DODEF/A/2024/129968/DOORD & CIC/DOORD/A/2024/127574 Page 3 of 6 iv. Being dissatisfied with the reply, applicant made 1st Appeal on 28-06-2024 before FAA/DoO(C&S), Kolkata.
v. After examining the matter, FAA/DoO(C&S) disposed of the case vide order dated 16-07-2024 with directives the CPIO/DoO(C&S) to provide the documents sought under point no. 2 of RTI application (enclosed) vi. Accordingly, CPIO/DoO(C&S) has provided the information to the appellant as received from the concerned Division. (enclosed) vii. Subsequently, the applicant made a second appeal and on receipt of the Hon'ble CIC order dt. 23-01-2026 the matter is re-visited with the concerned information holder vide this office I.S. Note dated 10-02-2026. Reply has been received from the information holder, Estt.NG vide I.S. Note dt. 12-02-2026 (enclosed). Now on receipt of the reply from the information holder the Deemed PIO of Sec. Estt./NG (information holder section) is requested to attend the hearing on 18.02.2026 vide I.S. Note dated 16-02-2026."
8. The Commission after adverting to the facts and circumstances of the case, hearing both parties and perusal of records, observed that appropriate response has been given by the CPIO, as per provisions of the RTI Act on point nos 1 (i), (iii) and 2 of the RTI application. Further, the biometric attendance records of individuals/third-parties are considered as personal details exempted from disclosure under Section 8 (1) (j) of the RTI Act. The Appellant's attention is drawn towards a judgment of the Hon'ble Supreme Court 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 the import of "personal information" envisaged under Section 8(1)(j) of RTI Act has been examined. The following was thus held:
"59. Reading of the aforesaid judicial precedents, in our opinion, would indicate CIC/DODEF/A/2024/129968/DOORD & CIC/DOORD/A/2024/127574 Page 4 of 6 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, 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."
In view of the above, the reply given by the respondent is found appropriate and tenable in the eyes of law, except for point no. (ii) of 1 of the RTI application, since data such as numbers/cumulative data cannot be considered as personal information. The written submissions along with the enclosures submitted by the CPIO are taken on record; the relevant portion of the note dated 10.02.2026 contained therein, is reproduced below for reference:
"...This is regarding hearing Notice before Hon'ble Information Commissioner on 18/02/2026 against the RTI application dated 21/05/2024 preferred by Smt. Sayani Mukherjee/UDC/CR. In this connection, RTI Section vide its I.S. Note dated 11/06/2026 cited under reference has requested Estt/NG Section to forward para- wise comment of CIC communication No. CIC/DOORD/A/2024/127574 dated 23/01/2026 within 2 days for written submission to the CIC before hearing dated 18/02/2026.
02. The Second Appeal of the applicant has been examined and in this connection, please refer DoP&T OM No. 11/2/2013-IR(Pt.) dated 14/08/2013 wherein the Central Commission while deciding the case has cited the decision of Hon'ble Supreme Court of India in the matter of Girish R. Deshpande Vs CIC and others CIC/DODEF/A/2024/129968/DOORD & CIC/DOORD/A/2024/127574 Page 5 of 6 (SLP(C) No.27734/2012)..."
Perusal of the aforementioned note reflects a typographical error on the part of CPIO, as highlighted above. The respondent is cautioned to avoid such clerical/typographical errors and place their written submissions on the Commission's records after careful examination. Further, considering the cumulative information sought in point no. (ii) of 1 of the RTI application, the respondent is directed to provide the information to the appellant, subject to its availability; in case the said information is not available, a categorical reply to that effect shall be given by the CPIO to the appellant, within 15 days from the date of receipt of this order, free of cost, under due intimation to the Commission. The CPIO is cautioned to carefully examine the contents and nature of RTI queries diligently before disposing of them in future. Accordingly, the appeals are disposed of.
Copy of the decision be provided free of cost to the parties.
Sd/-
(Anandi Ramalingam) (आनंदी रामल ंगम) Information Commissioner (सूचना आयुक्त) निनां क/Date: 19.02.2026 Authenticated true copy O. P. Pokhriyal (ओ.पी. पोखररयाल) Dy. Registrar (उप पंजीयक) 011-26180514 Addresses of the parties:
1. The CPIO, Directorate of Ordnance (C&S), RTI Division, Ayudh Bhawan, 10-A, S.K. Bose Road, Kolkata, West Bengal - 700001
2. Sayani Mukherjee CIC/DODEF/A/2024/129968/DOORD & CIC/DOORD/A/2024/127574 Page 6 of 6 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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