Central Information Commission
Balram Singh vs Department Of Posts on 20 July, 2020
CIC/POSTS/A/2018/167302
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/POSTS/A/2018/167302
In the matter of:
Balram Singh ... अपीलकता/Appellant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
Department Of Posts,
Suptd. of Post Offices,
Nawada Division, Bihar
Relevant dates emerging from the appeal:
RTI : 08.09.2018 FA : 09.10.2018 SA : 14.11.2018
CPIO : 11.10.2018 FAO : Not on Record Hearing : 16.07.2020
The following were present:
Appellant: Heard over the phone
CIC/POSTS/A/2018/167302
Respondent: Shri Shiv Shankar Mandal, SPO, Department Of Posts, Suptd. of
Post Offices, Nawada Division, Bihar, heard over the phone
ORDER
Information Sought:
The appellant filed an RTI application on 08.09.2018 seeking information on five points, including, inter alia;
1. Whether in the Department of Posts under Nawada Division, any posts of Gram Dak Sevaks have been advertised from 07.07.2005 - till date, on the basis of educational qualifications of 'Prathma' acquired from Hindi Sahitya Sammelan, Prayag, 12 Sammelan Marg, Allahabad? If yes, provide the complete list of selected Gramin Dak Sewaks along with Post, Office address, date of joining and permanent address etc.
2. Whether the provision of verifying the educational qualification certificates of the selected candidates in the postal department, before their joining, has been complied with or not? If yes, provide photocopy of return verification along with envelope from concerned organization of competent authority.
3. After joining the department, whether the documents related to the educational qualification have been sent for verification to the concerned institutions, if yes, then provide the proof of return (Stamped envelope) of the verified documents from the verifying institution to the office of the competent authority.
And other related information.
CIC/POSTS/A/2018/167302 The CPIO, vide letter dated 11.10.2018, provided information against point nos. 1, 2 and 3. With regards to point no. 4, the CPIO denied information by stating that it is third party information. Being dissatisfied, appellant filed first appeal dated 09.10.2018. FAA's order, if any, is not available on record.
Grounds for Second Appeal:
The appellant filed second appeal u/s 19 of the RTI Act on the ground of unsatisfactory reply furnished by respondent. He requested the Commission to direct the CPIO to provide the information sought for.
Submissions made by Appellant and Respondent during Hearing:
The appellant reiterated the contents of his RTI application and submitted that the CPIO, vide reply dated 11.10.2018, has furnished false and incomplete information to the appellant. He further submitted that an appropriate reply was not furnished to him on point no.1. With respect to the reply furnished against point nos. 2 and 3, the appellant submitted that the respondent must be in possession of the original files with respect to the matter pending investigation with CBI. Therefore, he may be directed to furnish requisite information from the files available in his office. With regards to the information sought vide point no. 4, the appellant submitted that the respondent has, with malafide intent, denied him information. He requested the Commission to direct the CPIO to provide the information sought for and impose penalty on the CPIO for malafidely withholding the information.
The respondent submitted that although there is a possibility that the applicants of Gramin Dak Sevak Hindi Sahitya Sammelan have been appointed in the Department of Posts under Nawada Division, however, the vacancies are not CIC/POSTS/A/2018/167302 advertised by the name of any Board or Sammelan. Thus, the appellant was informed accordingly on point no. 1 of his RTI application. With respect to the information sought vide point no. 2 and 3, the respondent submitted that since, at the time of responding to the RTI application, the matter was pending investigation with CBI, no information could be provided to the appellant. In response to a query whether the matter was still pending investigation, the respondent could not offer any cogent reply and submitted that the same needs to be confirmed from the Personnel department. He further submitted that the appellant vide point no. 4 has sought the educational qualification certificates and adhaar cards of the employees, which relates to the personal information of third parties, the disclosure of which has no relationship to any public interest and would cause an unwarranted invasion of the privacy of the third parties and hence, is exempted from disclosure under the RTI Act.
The appellant, however, contested that educational qualification certificates and adhaar cards of public servants is not third party information and should be made available to the appellant.
The written submissions dated 15.06.2020 filed by the respondent were taken on record.
Decision:
The Commission, after hearing the submissions of both the parties and perusing the records, observes that an appropriate reply has been furnished to the appellant on point no. 1 of his RTI application. Further, vide point no. 4, the appellant had sought educational qualification certificates and adhaar cards of the employees. The Commission notes that the Hon'ble Supreme Court in a recent judgment dated 13.11.2019 in the matter of Central Public Information Officer, Supreme Court of CIC/POSTS/A/2018/167302 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 held as under:
"...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 confidential access is available when stipulation of larger public interest is satisfied. This list is indicative and not exhaustive..."
In view of the above, the educational qualification certificates and adhaar cards of the employees are personal information of third parties, the disclosure of which have no relationship to any public interest and would cause an unwarranted invasion of the privacy of the third parties. Hence, the same is exempted from disclosure under Section 8(1)(j) the RTI Act. With respect to the information sought vide point nos. 2 and 3, the Commission directs the respondent to approach the Personnel department and enquire about the status of CBI enquiry. In case the same has reached finality, the respondent is directed to furnish an appropriate reply, as per the provisions of the RTI act, 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.
CIC/POSTS/A/2018/167302 With the above observations, the appeal is disposed of. Copy of the decision be provided free of cost to the parties.
The appeal, hereby, stands disposed of.
Amita Pandove (अिमता पांडव) Information Commissioner (सूचना आयु ) दनांक / Date: 16.07.2020 Authenticated true copy (अिभ मािणत स यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Addresses of the parties:
1. The First Appellate Authority (FAA), Department of Posts, Postmaster General, East Region, Bihar Circle, Patna -800001
2. The Central Public Information Officer (CPIO), Department of Posts, Supdt of Post Offices, Nawada Division, Nawada , Bihar-805110 CIC/POSTS/A/2018/167302
3. Shri Balram Singh