Central Information Commission
S Manivasagam vs National Highways Authority Of India ... on 14 July, 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/NHAIN/A/2021/639147
S Manivasagam ......अपीलकता /Appellant
VERSUS
बनाम
CPIO,
National Highways Authority of India,
RTI Cell, GM HR Admin, Plot No. G-5 and 6,
Sector-10, Dwarka, New Delhi - 110075. .... ितवादीगण /Respondent
Date of Hearing : 12/07/2022
Date of Decision : 12/07/2022
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeals:
RTI application filed on : 04/03/2021
CPIO replied on : 15/03/2021
First appeal filed on : 19/03/2021
First Appellate Authority order : 05/04/2021
2nd Appeal/Complaint dated : 26/08/2021
Information sought:
The Appellant filed an online RTI application dated 04.03.2021 seeking the following information:1
"Applications were invited for the post of GM (IT) with the last of applications as 20.09.2016 Under the RTI Act 2005, the following information is required:
1. Details of applicants who did not submit required documents evidencing qualification and experience, NOC, ACR as on last date of submission.
2. Copy of the complete sets of application forms submitted by successful (eligible) candidates and NOC, ACR, relevant documents received at the time of submission of application (last date) and till date of interview."
The CPIO furnished a point wise reply to the appellant on 15.03.2021 stating as follows:-
"Point No. 1:- List of candidate who applied for the said post annexed. Out of which the name of 05 candidates called for interview is as under:
1. Lt. Col. Shailesh Yadav
2. Col. (Retd.) Naveen Gopal
3. Sh. Kamal Kant Sharma
4. Sh. Dinesh Goyal
5. Col. Nitin Kapoor Point No. 2:- The information sought, being a third party information, cannot be provided in terms of Section 8(1)(j) of the RTI Act, 2005."
Being dissatisfied, the appellant filed a First Appeal dated 19.03.2021. FAA's order dated 05.04.2021 stated that information has already been provided to the appellant.
Feeling aggrieved and dissatisfied, the appellant approached the Commission with the instant Second Appeal on the ground of denial of information by the CPIO in response to point no. 2 of RTI Application.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present through intra-video conference. Respondent: Kuldeep Singh Jamwal, GM (HR- Admn.) & CPIO present through intra- video conference.2
The Appellant narrated the factual contents of the RTI Application and stated that he is aggrieved with the denial of information by the CPIO against point no. 2, under the garb of Section 8(1)(j) of RTI Act. He further contested that application forms of successful candidates for public posts cannot be treated as personal information per se. He also harped on the fact that he has not sought for the NOC/ACRs of the candidates and rather the covering letters vide which the Selection/Screening committees have forwarded the applications and comments thereon for selection of candidates. He added that he was also one of candidates who had applied for the said post, therefore the information should be supplied to him. In response to it, the Commission apprised the Appellant that personal records of other candidates as sought by him is squarely hit by Section 8 (1)(j) of RTI Act.
No oral submissions as such have been tendered by the CPIO during hearing. However, the Commission remarked that the CPIO has filed a written submission dated 08.07.2022 reiterating the averred reply and FAA's order.
Decision:
In furtherance of the hearing proceedings, the Commission upon a perusal of records and after scrutinizing the contents of RTI Application arrives at a conclusion that the CPIO has appropriately denied the application forms and copies of ACRs/NOC submitted by other candidates against point no. 2 under Section 8(1)(j) of RTI Act. In this regard, attention of the Appellant is 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, 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..."
In view of the aforesaid observations, the contentions raised by the Appellant regarding disclosure of covering/ forwarding letters vide which the applications of successful candidates is rendered inconsequential in view of the fact that such information was not specifically sought for in the original RTI Application.
Having observed as above, no further relief can be granted in the matter.
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