Central Information Commission
Mr.Kapil Agarwal vs Western Railway, Mumbai on 11 May, 2009
Central Information Commission
CIC/OK/A/08/00726-AD
Dated May 11, 2009
Name of the Applicant : Mr.Kapil Agarwal
Name of the Public Authority : Western Railway, Mumbai
Background
1. The Applicant filed an RTI application dt.3.1.08 with the CPIO, Jagjivan Ram Railway Hospital, Mumbai. He wanted information regarding the leave record as well as leave without pay from 1.2.07 to 3.1.08 in respect of Dr. Rashmi Agarwal, House Surgeon. The CPIO replied on 1.2.08 stating that the muster roll of Dr.Rrashmi Agarwal, House Surgeon & CPS candidate for the period from 01.02.07 to 31.10.07 is not traceable. But efforts are being made to trace out the same. He enclosed copy of the Muster Roll for the period from No.07 to Jan. 08. Not satisfied with the reply, the Applicant filed an appeal dt.11.3.08 with the Appellate Authority. The Appellate Authority replied on 2.4.08 denying the information u/s 8(1)(i) of RTI Act. Aggrieved with the reply, the Applicant filed a second appeal dt.28.4.08 before CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for May 11, 2009.
3. Dr. R.J. Halder, Sr. DMO, JR, Hospital, Western Railway, Mumbai & CPIO and Dr. Geeta Chief Staff Surgeon & Appellate Authority represented the Public Authority.
4. The Applicant was not present during the hearing.
Decision
5. The Respondent submitted that the Appellant is seeking information regarding the CL and PL in respect of his wife with whom there is an on-going dispute. She further added that the wife (third party) Dr. Rashmi Aggarwal had also produced a Court decision before the CPIO ordering the Appellant to refrain from abusing his wife and using violence against her at their residence or at the working place. The information regarding Ms. Aggarwal's PL and CL was, therefore, denied to the Appellant as personal information.
In the prevailing situation, the Commission denies disclosure of information to the Appellant under Section 8(1)(j) since the disclosure would result in unwarranted invasion of the privacy of the individual; in this case the wife of the Appellant.
6. The appeal is accordingly disposed off.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(G.Subramanian) Asst. Registrar Cc:
1. Mr.Kapil Agarwal 1/20 Vidhyadhar Nagar Jaipur 302 023
2. The CPIO O/o Medical Director Jagjivan Ram Hospital Mumbai Central Mumbai
3. Dr.(Mrs.) Geeta Chaturvedi The Appellate Authority JRH/BCT O/o Medical Director Jagjivan Ram Hospital Mumbai Central Mumbai
4. Officer in charge, NIC
5. Press E Group, CIC