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Central Information Commission

Rajendra Mohan Kulshreshtha vs National Thermal Power Corporation ... on 28 September, 2018

                                  के   ीय सूचना आयोग
                        Central Information Commission
                             बाबा गंगनाथ माग
, मुिनरका
                         Baba Gangnath Marg, Munirka
                           नई  द
ली, New Delhi - 110067



ि तीय अपील सं या / Second Appeal No. CIC/NTPCO/A/2017/141642


Rajendra Mohan Kulshreshtha                                  ... अपीलकता /Appellant


                                       VERSUS
                                        बनाम


CPIO, NTPC Limited, Corporate                             ... ितवादीगण /Respondents
Centre, NTPC Bhavan, New Delhi


Relevant dates emerging from the appeal:

RTI : 18.04.2016             FA      : 24.06.2016          SA      : 27.10.2016
CPIO : 10.06.2016 and
                             FAO : 18.07.2016              Hearing : 25.09.2018
25.07.2016


                                      ORDER

1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), NTPC, Badarpur Thermal Power Station, Badarpur, New Delhi seeking information on nine points pertaining to one Shri Rohtas Deshwal, including, inter-alia, (i) a copy of noting of Dr. G.C. Mishra, the then CMO and General Manager on the complaint dated Page 1 of 4 01.11.2014 against Shri Rohtas Deshwal (employee code 55147) and (ii) the action taken on the said complaint.

2. The appellant filed a second appeal before the Commission on the grounds that the CPIO has not provided the information sought vide point no. 1 (a) to (b) , 2

(a) to (c) and 3 to 5 of the RTI application under Section 8(1)(j) of the RTI Act. The appellant requested the Commission to direct the CPIO to provide the information sought for.

Hearing:

3. The appellant Rajendra Mohan Kulshreshtha and the respondent Shri Shantimoy Nandan, Asstt. General Manager, NTPC Ltd., Corporate Centre, Lodhi Road, New Delhi were present in person.

4. The appellant submitted that the CPIO has provided the information only on point nos. 2(a) and 6 of the RTI application. However, the information sought on other points has been wrongly denied to him under Section 8(1)(j) of the RTI Act.

5. The respondent submitted that the appellant has sought information pertaining to an employee Shri Rohtas Deshwal i.e. a third party. The CPIO vide letter dated 10.06.2016 informed the appellant that the information sought relates to the personal information of the third party, the disclosure of which has no relationship to any public interest and would cause an unwarranted invasion of the privacy of the third party and hence, the disclosure of the information sought is exempted under Section 8(1) (j) of the RTI Act. Subsequently, in compliance with the FAA's order dated 18.07.2016 the attendance and leave records of Shri Rohtas Page 2 of 4 Deshwal as sought vide point nos. 2(a) and 6 of the RTI application was provided to the appellant vide letter dated 25.07.2016.

Decision:

6. The Commission, after hearing the submissions of both the parties and perusing the records, observes that only the attendance and leave records of Shri Rohtas Deshwal as sought vide point nos. 2(a) and 6 of the RTI application were provided to the appellant vide letter dated 25.07.2016. However, the absentee statement of Shri Rohit Deshwal for July, 2015 as sought vide point no. 2(b) of the RTI application was incorrectly denied by the CPIO under Section 8(1)(j) of the RTI Act. The Commission, however, agrees with the respondent that the information sought vide point nos. 1(a) to (b), 2(c) and 3 to 5 of the RTI application pertain to personal information of the third party, the disclosure of which has no relationship to any public interest and would cause an unwarranted invasion of the privacy of the third parties. Hence, its disclosure is exempted under Section 8(1)(j) of the RTI Act. The Commission, therefore, directs the CPIO to provide a copy of the absentee statement as sought vide point no. 2(b) of the RTI application, to the appellant within a period of four weeks from the date of receipt of a copy of this order under intimation to the Commission.

7. With the above observations, the appeal is disposed of.

8. Copy of the decision be provided free of cost to the parties.

Sudhir Bhargava (सुधीर भाग व) Information Commissioner (सूचना आयु ) दनांक / Date 26.09.2018 Authenticated true copy (अिभ मािणत स यािपत ित) S. S. Rohilla (एस. एस. रोिह ला) Dy. Registrar (उप-पंजीयक) 011-26105682 / [email protected] Addresses of the parties:

1. The Central Public Information Officer (CPIO), NTPC Limited, Corporate Office, NTPC Bhavan, Core-6, 6th Floor, Scope Complex, 7 Institutional Area Lodhi Road, New Delhi.

2. Shri Rajendra Mohan Kulshreshtha Page 4 of 4