Central Information Commission
Shashidhar vs Central Pension Accounting Office on 15 January, 2024
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नईदिल्ली, New Delhi - 110067
File No :CIC/CPAOF/A/2022/649304
Shashidhar .....अपीलकर्ाग/Appellant
VERSUS
बनाम
CPIO,
Central Pension Accounting
Office HUDCO Trikoot-II ,
Bhikaji Cama Place, New Delhi
Delhi - 110066 ....प्रनर्वािीगण /Respondent
Date of Hearing : 09-01-2024
Date of Decision : 11-01-2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 19-07-2022
CPIO replied on : 17-08-2022
First appeal filed on : 24-08-2022
First Appellate Authority's order : 30-08-2022
2nd Appeal/Complaint dated : 12-09-2022
Information sought:
The Appellant filed an RTI application dated 19.07.2022 seeking the following information:
"Family pension started date in format of DD/MM/YYYY of Late Kaipa Krishna Murthy, whose payment order No. 648/PS/Central Excise wife name is Kaipa Bhavani."1
The CPIO vide letter dated 17.07.2022 denied information to the Appellant by invoking Section 11 of RTI Act.
Being dissatisfied, the appellant filed a First Appeal dated 24.08.2022. The FAA vide its order dated 30.08.2022, held as under:-
"The information sought by you is a third party information under section 11. Further CPAO keeps the pensioner's details in 12 digit pension payment order no which is mandatory to find out the pensioner's details."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal with the following arguments -
"...1. I purchased one property on 8th June of 2017, document number 8326/2017.
2. The problem arises at one of the link documents numbered 16394/2013 registered on 7th October of 2013, dealing between Kaipa Krishna Murthy and Dubbaka Naresh Reddy.
3. On 4th July of 2022, Kaipa Manoj Kumar, grandson of Kaipa Krishna Murthy, filed a complaint against me stating that his grandfather is already deceased by the time of documentation registered in 2013.
4. He further claimed that the link documents registered thereafter at register office are fake.
5. But Dubbaka Naresh Reddy claimed that on 7th October of 2013, Kaipa Krishna Murthy himself signed on the sale deed and sold the property by giving original documents.
6. Kaipa Krishna Murthy was an Inspector of Central Excise and retired on 1st September of 1982.
Pension Payment Order number - 517438200282"
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Along with his daughter present through video-conference. Respondent: Shri Rahul Gupta, CPIO present in person.2
Written submission of the Respondent is taken on record.
The Appellant stated that an FIR No. 662/2022 with the P.S. Meerpret under Rachakonda Distt. has been registered against him and 18 others u/s 120b, 420, 447, 464, 465, 468, 504, 506 r/w. 34 IPC, 156(3) CrPC. Daughter of Appellant further reiterated the contents of FIR which is taken on record and also submitted that their arrest is eminent. As such, it becomes a case involving their liberty. Appellant stated that the date of start of family pension of Late Shri Kaipa Krishna Murthy becomes important to establish that on the relevant date of transaction of the property involved in the said FIR, Shri Kaipa Krishan Murthy had already passed away. As such Appellant expressed his dissatisfaction with the denial of information by the CPIO on the ground that it is a third-party information.
Respondent submitted that Appellant was replied that the information sought is third party information under section 11 of RTI Act. It was also informed that CPAO keeps the pensioner's details in 12 digits Pension Payment Order No., which is mandatory to find out the pensioner's details. Since, the Appellant has provided the PPO number of the third party with this Second Appeal, he agreed to provide the starting date of Family pension of Late Shri Kaipa Krishna Murthy to the Appellant.
Upon being queried by the Commission as to how disclosure of merely the date in numeric figures would cause invasion to the privacy of third party, the Respondent failed to tender any cogent response.
Decision:
The Commission observes from perusal of records and hearing the submissions of the parties and facts and circumstances of the case that in this case involving liberty of persons, mere disclosure of start date of family pension of Late Shri Kaipa Krishna Murthy does not constitute third party's personal information. Respondent during the course of hearing agreed to provide the relevant date as sought by the Appellant in response to RTI Application. In view of this, the Respondent is directed to intimate the Family pension started date in format of DD/MM/YYYY of Late Kaipa Krishna Murthy to the Appellant within one week from the date of receipt of this order under intimation to the Commission.
Be that as it may, the Commission observes that the Respondent vide letter dated 17.08.2022 had denied the information by invoking Section 11 of the RTI Act which is an incorrect provision of RTI Act applied in this case. The 3 Commission hereby counsels the Respondent that Section 11 of RTI Application talks about the procedure to be followed by CPIO in getting consent/objection of the third party while disclosing any information which is hit by Section 8 (1)(j) of RTI Act. In this regard, the Respondent is directed to exercise due diligence and quote appropriate/applicable Section of RTI Act.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (R K Rao) Dy. Registrar 011-26181927 Date: 11-01-2024 Sh. Shashidhar H. No. 22-605/WP, Vinayaka Hills, Phase-2, Road No-12, Almasguda, Hyderabad - 500058, Telangana.
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