Central Information Commission
G. Suresh Reddy vs Nmdc Ltd. on 12 November, 2018
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/NMDCL/A/2017/157715
G. Suresh Reddy ... अपीलकताग/Appellant
VERSUS
बनाम
CPIO, NMDC Limited, Nagarnar, ...प्रनतवािीगण /Respondents
Bastar, Chhattisgarh
Relevant dates emerging from the appeal:
RTI : 10.04.2017 FA : 05.06.2017 SA : 20.07.2017
CPIO : 06.05.2017 FAO : 27.06.2017 Hearing : 02.11.2018
ORDER
1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), NMDC Iron & Steel Plant, Nagarnar, Bastar (Chhattisgarh) seeking information on four points pertaining to declaration/disclosure of movable/immovable properties by Grade 'E' Officers (Executives and Supervisors) posted in the Steel plant as per Central Civil Services (Conduct) Rules, 1964 including, inter-alia, (i) full particulars of the Page 1 of 5 movable and immovable properties of the officers as provided to the respondent authority while they were posted at the Plant along with their date of first appointment, designation, basic salary, and (ii) market value of the immovable properties.
2. The appellant filed a second appeal before the Commission on the grounds that the CPIO has wrongly denied the information sought for by him under Section 8(1)(e) of the RTI Act. The appellant requested the Commission to direct the respondent to provide the desired information to him and to impose penalty upon the CPIO.
Hearing:
3. The appellant was not present despite notice. The respondent Shri P. Gopal Krishna, PIO & Jt. General Manager (P&A), NMDC Iron & Steel Plant, Nagarnar, Bastar (Chhattisgarh), attended the hearing through video-conferencing.
4. The respondent admitted that it is mandatory to file property returns by the Executives at the time of joining and annually thereafter with the Vigilance Dept. as per the Service Rules of NMDC Limited. However, the return are not uploaded on the website of the respondent authority. Moreover, details of movable/immovable property of an employee is his personal information and the same is held by the respondent authority in a fiduciary capacity. Hence, the appellant was informed vide letter dated 06.05.2017 that the information sought by him is exempted from disclosure under Section 8(1)(e) of the RTI Act. Further, the FAA vide order dated 27.06.2017 had observed that the appellant has sought the information regarding copies of the property returns submitted by all the Page 2 of 5 Executives and Supervisors in the Steel Plant which does not warrant any larger public interest for it to be disclosed to him.
Decision:
5. The Commission, after hearing the submissions of the respondent and perusing the records, notes that the information concerning the movable / immovable property details of an employee is exempted from disclosure under Section 8 (1) (j) of the RTI Act in view of the following observations made by the Supreme Court in its judgment dated 3.10.2012 in Girish Ramchandra Deshpande Vs. Central Information Commissioner & Ors. [Special Leave Petition (Civil) No. 27734 of 2012] and the fact that the Appellant has not established any larger public interest:-
"12. The petitioner herein sought for copies of all memos, show cause notices and censure/punishment awarded to the third respondent from his employer and also details viz. movable and immovable properties and also the details of his investments, lending and borrowing from Banks and other financial institutions. Further, he has also sought for the details of gifts stated to have accepted by the third respondent, his family members and friends and relatives at the marriage of his son. The information mostly sought for finds a place in the income tax returns of the third respondent. The question that has come up for consideration is whether the above-mentioned information sought for qualifies to be "personal information" as defined in clause (j) of Section 8(1) of the RTI Act.Page 3 of 5
14. The details disclosed by a person in his income tax returns are" personal information" which stand exempted from disclosure under clause(j) of Section 8(1) of the RTI Act, unless involves a larger public interest and the Central Public Information Officer or the State Public Information Officer or the Appellate Authority is satisfied that the larger public interest justifies the disclosure of such information."
6. The Commission also notes that the Hon'ble Delhi High Court, while relying on the Apex Court's above-said decision, held vide its judgment dated 09.07.2013 (Allahabad Bank vs. Nitesh Kumar Tripathi, W.P.(C) 906/2012 and CM No.2025/2012), as under:
"5. It would, thus, be seen that the information with respect to the assets and liabilities of an employee, which he discloses to his employer in compliance of the Service Rules applicable to him qualifies as personal information within the meaning of Section 8(1)(j) of the Act and such information cannot be directed to be disclosed unless the CPIO/PIO/Appellate Authority is satisfied that larger public interest justifies disclosure of such information. It goes without saying that such satisfaction needs to be recorded in writing before an order directing disclosure of the information can be passed. A perusal of the impugned orders would show that in neither of these cases, the Commission was satisfied that larger public interest justified disclosure of the information sought by the applicant/respondent. Without being satisfied that larger public interest justified disclosure of the information sought in this regard, the Commission could not have passed an order directing disclosure of information of this nature. The orders passed by Central Page 4 of 5 Information Commission are, therefore, liable to be set aside on this ground alone."
7. In view of the above, no further intervention is required in the matter.
8. With the above observations, the appeal is disposed of.
9. Copy of the decision be provided free of cost to the parties.
Sudhir Bhargava (सुधीर भागगव) Information Commissioner (सूचना आयुक्त) दिनांक / Date 08.11.2018 Authenticated true copy (अनभप्रमानणत सत्यानपत प्रनत) S. S. Rohilla (एस. एस. रोनिल्ला) Dy. Registrar (उप-पंजीयक) 011-26105682 / [email protected] Addresses of the parties:
1. The Central Public Information Officer (CPIO), NMDC Limited, NMDC Iron & Steel Plant, Post Nagarnar, Jagdalpur (Bastar), Chhattisgarh- 494001.
2. Shri G. Suresh Reddy Page 5 of 5