Central Information Commission
Mrkanchan vs Ministry Of Home Affairs on 4 April, 2016
CENTRAL INFORMATION COMMISSION
2nd Floor, August Kranti Bhawan,
Bhikaji Cama Place, New Delhi110066
Decision No. CIC/VS/A/2015/000104/SB
Dated 04.04.2016
Appellant : Smt. Kanchan,
W/o Shri Ajay Kishore,
Shakti Nagar, Naveen Nagar, Near Mansarovar
School,
MDA Moradabad.
Respondent : Central Public Information Officer,
Central Record Office, Indo Tibetan Border
Police Force, MHA, East Block, 9A, R.K. Puram,
New Delhi110 066.
Date of Hearing : 04.04.2016
Relevant dates emerging from the appeal:
RTI application filed on : 20.05.2014
CPIO's reply : 27.06.2014
First Appeal : 22.07.2014
FAA's order : 13.11.2014
Second Appeal filed on : 30.12.2014
ORDER
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1. Smt. Kanchan filed an application dated 20.05.2014 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Indo Tibetan Border Police Force (ITBP) seeking information on twelve points relating to her spouse Shri Ajay Kishore (Belt No.000180232), including (i) salary details of her spouse from 01.04.2010 to 31.03.2014, (ii) details of withdrawals from GPF and loan advances from 01.04.2010 to 31.03.2014 and (iii) whether Shri Ajay Kishore has taken any permission from the department pertaining to sale/purchase of any property.
2. The appellant filed the second appeal dated 30.12.2014 before the Commission on the ground that she has been denied information and stated that the information sought by her did not affect the confidentiality of the organization.
Hearing:
3. The appellant Smt. Kanchan was not present despite notice. The respondent Shri S.P. Dubey, Chief Account Officer, ITBP was present in person.
4. The respondent submitted that as per Section 24(1) of the RTI Act, ITBP is exempted from the purview of the RTI Act, except when the information pertains to allegations of corruption and human rights violations. Therefore, information has been denied to the appellant.
Decision:
5. The Commission is aware that under Section 24(1) r/w Second Schedule of the RTI Act, 2005, CRPF has been declared an exempt organization. Hence, the provisions of the RTI Act are not applicable to the CRPF except when the information pertains to allegations of 2 corruption or human rights violations. The Commission also observes that the appellant is seeking pay slips etc. of her spouse Shri Ajay Kishore. The Commission in case no. CIC/AD/A/2012/003341SA dated 07.01.2014 had observed that:
(i). Information about the salary of an employee of a public authority is not third party information. Such information has to be voluntarily disclosed u/s 4(1)(b)(x) of the RTI Act.
(ii). Every spouse has a right to information about the particulars of the salary of other spouse especially for the purpose of maintenance. More so, wife has a right to know the salary particulars of the husband, who is an employee of the public. The Commission also held that "e) Especially when the wife is seeking the salary particulars of the Husband, from the public authority where he is working as public servant, it is the duty of the public authority to render required assistance by providing necessary information to her to secure justice. Denial of such information to wife is thus, highly unreasonable, not justified and it will also amount to breach of legal obligation".
6. In view of the above, the Commission observes that in the present case the appellant is seeking pay slip etc. of her husband. The Commission, therefore, directs the respondent to provide information as sought by the appellant within a period of four weeks from the date of receipt of a copy of this order.
7. The appeal/complaint is disposed of. Copy of decision be given free of cost to the parties.
(Sudhir Bhargava) Information Commissioner Authenticated true copy 3 (V.K. Sharma) Designated Officer 4