Central Information Commission
Shakeel Saifi vs Directorate Of Education on 19 December, 2023
केन्द्रीय सच
ू ना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
File No : CIC/DIRED/A/2023/112795
SHAKEEL SAIFI .....अपीलकर्ाग/Appellant
VERSUS
बनाम
PIO,
O/o DDE, Zone - V, Distt. -
Northeast, GT Road,
Shahdara, Delhi-110032. ....प्रनर्वािीगण /Respondent
Date of Hearing : 12-12-2023
Date of Decision : 14-12-2023
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 24-11-2022
CPIO replied on : 20-12-2022
First appeal filed on : 22-12-2022
First Appellate Authority's order : 30-12-2022
2nd Appeal/Complaint dated : 14-03-2023
Information sought:
The Appellant filed an RTI application dated 24.11.2022 seeking the following information:
"1. Please provide information about Govt. Boys Sr. Sec. School Jafrabad Ext. Delhi (ID 1105017), school timings and provide certified copy of biometric attendance of last 6 months.1
2. Please provide certified copies of posting order and transfer order of Shahid Hussain (Emp. ID 19990880) since his joining to till date in Directorate of Education (DoE).
3. Please provide information about since how many years Shahid Hussain (Emp. ID 19990880) is posted at Govt. Boys Sr. Sec. School Jafrabad Ext. Delhi (ID 1105017).
4. Provide certified copies of educational qualifications and duties allocated to Shahid Hussain (Emp. ID 19990880) at Govt. Boys Sr. Sec. School Jefraired Ext. Dell (101105017) as per record of Directorate of Education (DoE).
5. Provide certified copies of timetable slot allocated to Shahid Hussain (Emp. ID 19990880) for teaching load at Govt. Boys Sr. Sec. School Jafrabad Ext. Delhi (ID 1105017).
6. Provide details (Name, designation, integrity) of official posted as DDO at Govt. Boys Sr. Sec. School Jafrabad Ext. (ID 1105017) with duties of DDO.
7. Provide certified copies of all complaints, corruption complaint/case, Police case/complaint, PGMS complaint, Court cases, PGC complaint filed against Shahid Hussain (Emp. ID 19990880) and with action taken report, by the competent authority of DoE on such complaints.
8. Provide certified copy of Information/Intimation submitted, reg. criminal case registered against Shahid Hussain (Emp. ID 19990880) and his son Amaan vide Police complaint No. 81730452201622 dtd. 08.11.2022 in PS welcome, as per CCS conduct rule.
9. Provide certified copy of sale deed/registry and intimation reg. fund arranging to purchase a new flat by Shahid Hussain (Emp. ID 19990880) in his name or his family members name at C-Block, 2nd floor DDA Colony New Jafrabad/West Gorakh Park Shahdara Delhi-32.
10. Provide Certified copy of service book of Shahid Hussain (Emp. ID 19990880) posted at Govt. Boys Sr. Sec. School Jafrabad Ext. Delhi (ID 1105017)."
The CPIO furnished a pointwise reply to the Appellant on 20.12.2022 stating as under:
2"Point No. 1: (a). Timing for General Shift school for Summer & winter both is 8.00 AM to 2:30 PM.
(b). Sought Information (Biometric Attendance of Last 6 Months) is a Third-party information, exempt from disclosure u/S 8 (1) J of RTI Act-
2005.
Point No 2:
Since the sought information is a Third-party information. A notice was served to the concerned Third Party to seek his consent U/S 11 (1) of the RTI ACT, but the Third Party denied his consent to disclose the sought information treating it is as confidential and submitted under fiduciary relationship with the department. Accepting his request, it is decided to withhold the information U/S 8 (1)(e).
Point No 3:
Sh. Shahid Husain Saifi joined this school as on dated 08/12/2021, in the capacity of Lecturer (Fine Arts).
Point No 4:
Since the sought information is a Third-party information. A notice was served to the concerned Third Party to seek his consent u/s 11 (1) of the disclose the sought information treating it is as confidential and submitted under fiduciary relationship with the department. Accepting lis request it is decided to withhold the information U/S 8 (1)(e).
Point No 5: Copy of Timetable is Attached.
Point No 6: Name of DDO: Sh. Tek Chand Shami Designation :- Principal Duties of DDO: Draw Bills & make payment and ensure that the rules regarding preparation of bills are duly observed.
Point No 7, 8, 9 & 10:
Since the sought information is a Third-party information. A notice was served to the concerned Third Party to seek his consent U/S 11 (1) of the RTI ACT, but the Third Party denied his consent to disclose the sought 3 information treating it is as confidential and submitted under fiduciary relationship with the department. Accepting his request, it is decided to withhold the information U/S 8 (1)(e)."
Being dissatisfied, the appellant filed a First Appeal dated 22.12.2022. The FAA vide its order dated 30.12.2022, has directed the PIO to provide the revised reply to the appellant as per the provisions of RTI Act, 2005 within 10 days of receipt of this order.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present in person.
Respondent: Shri Tek Chand Shami, APIO and Shri Rohit Sharma, TGT English present in person.
The Appellant, during the hearing, reiterated the contents of his RTI application and submitted that complete and correct information was not provided to him by the Respondent within stipulated time as per the provisions of the RTI Act.
The Respondent submitted that vide their letter dated 20.12.2022, point-wise reply/information was provided to the Appellant on his RTI application. However, after the directions given by the FAA, the CPIO vide its letter dated 18.01.2023 had provided revised point-wise reply/information to the Appellant as per the provisions of the RTI Act.
Decision:
The Commission, after hearing the submissions of both the parties and after perusal of records, observes that the Appellant is aggrieved that the Respondent had wrongly not provided complete information on his RTI application. On the other hand, the Respondent contended that factual position in the matter has already been provided to the Appellant as per his RTI application.
The Commission is of the considered opinion that information sought by the Appellant on point nos. 2, 4, 7, 8, 9 and 10 of the RTI application dated 4 24.11.2022 relates to the personal information of third party, which is exempted from disclosure under Section 8(1)(j) read with Section 11 of the RTI Act.
The same can be garnered from a bare perusal of the text of Section 8(1)(j) of the RTI Act as under:
"8. Exemption from disclosure of information.--
(1) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, xxxx
(j) information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information;.."
In this regard, attention of the Appellant is also drawn towards a judgment of the 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 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, 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 5 access is available when stipulation of larger public interest is satisfied. This list is indicative and not exhaustive..."
The Commission is satisfied with the action/steps taken by the Respondent in dealing with the RTI application of the Appellant.
Hence, no further intervention of the Commission is required in the matter.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार तििारी) Information Commissioner (सच ू ना आयक् ु ि) Authenticated true copy (अभिप्रमाणणर् सत्यापपर् प्रनर्) (R K Rao) Dy. Registrar 011- 26181927 Date 14-12-2023 SHAKEEL SAIFI C-6 3RD FLOOR, DDA COLONY, NEW JAFRABAD, DELHI - 110032 6