Central Information Commission
Priyanka vs Northern Railway Firozpur on 21 February, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/NRALF/A/2023/145052
Priyanka .....अपीलकता/Appellant
VERSUS
बनाम
PIO,
O/O THE CPIO Office of the Divisional
Railway Manager, Northern Railway,
Station Road, Cantt. Area,
Firozpur - 152001 .... ितवादीगण /Respondent
Date of Hearing : 20.02.2025
Date of Decision : 21.02.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 12.06.2023
CPIO replied on : 13.07.2023
First appeal filed on : 20.07.2023
First Appellate Authority's order : not on record
2nd Appeal/Complaint dated : 14.11.2023
Information sought:
The Appellant filed an RTI application (offline) dated 12.06.2023 seeking the following information:Page 1 of 4
" ीमान जी मने आपके यहा दनाक 26.04.2023 को एक RTI का ाथना प दया था जो आपके ऑ फस को दनाक 15.01.2023 को ा$त हुआ था िजसमे मने द(पक गाबा S/o ी सुरेश कुमार गाबा, पद, 1े क मेन ADEN ऑ फस मे कायरत है उनक8 सैलर( :ल(प माह माच, अ ैल-2023 एवं जॉइBनंग क8 BतCथ व वष :तुत कर रह( हु िजसके साथ मै पूव मे दये हुये ाथना प से संबंधीत द:तावेज़ संलHन कर रह( हु।
जो BनJन है 1 A/d रै िज:टड :ल(प BतNलOप 2 A/d रै िज:टड 1े क8ग प :ल(प 3 थम थना प के साथ संलHन पो:टल ऑडर क8 BतNलOप अतः आपसे नQ Bनवेदन है क8 आप मुझे शीS मेर( Tवारा मांगी Uी जानकार( उपलVध करवाने क8 कृपा करे ।"
The CPIO furnished a reply to the Appellant on 13.07.2023 stating as under:
"In reference to above noted subject, as reported by the SSE(P-Way)/KKP under Section 8(1) of the RTI Act-2005, no personal information can be disclosed."
Being dissatisfied, the appellant filed a First Appeal dated 20.07.2023. The FAA order is not on record.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present through Video-Conference. Respondent: Shri Manjeet Singh, Divisional Engineer present through Video- Conference.
Written submissions of the Respondent are taken on record.
The Appellant, during the hearing, reiterated the contents of her RTI application and instant appeal and submitted that information has not been provided to her by the Respondent. She informed during the hearing that she Page 2 of 4 has sought information related to her husband and the same cannot be denied under the RTI Act.
Upon being queried by the Commission, the Appellant informed that there is a matrimonial dispute and a case in this regard is pending in judicial court.
The Respondent while defending their case inter-alia submitted that they have categorically informed the Appellant that the information sought by her is personal information of third party, which is exempted from disclosure under Section 8(1)(j) of the RTI Act. The Respondent further informed that they have also sought consent from third party who has denied disclosure of his information to the Appellant. On a pointed query from the Bench, the Respondent clarified that third party being not married to the Appellant.
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, observes that the Appellant is aggrieved that the Respondent has wrongly denied the information as per her RTI application. On the other hand, the Respondent contended that personal information of third party cannot be disclosed under the RTI Act.
The Commission observes that the Appellant in her RTI application has nowhere disclosed that she is seeking information related to her husband. Had she disclosed the same, then a different yardstick would have been applied allowing disclosure of gross/net taxable income in such cases where matrimonial dispute is pending. But the same cannot be applied in the present case.
The Commission further observes that the husband of the Appellant is a government employee, and the Appellant had sought information regarding salary slip and date of joining. The Commission is of the view that salary slip of any third party cannot be provided under the RTI Act. But the pay scale/pay level and date of joining of an employee cannot be treated as personal information of third party.Page 3 of 4
In view of the above, the Respondent is directed to provide pay scale/pay level and date of joining of Shri Deepak Gaba to the Appellant, within a period of four weeks from the date of receipt of this order. The FAA is directed to ensure compliance of this order.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कु मार ितवारी) Information Commissioner (सूच ना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA Office of the Divisional Railway Manager, Northern Railway, Station Road, Cantt. Area, Firozpur - 152001 Page 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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