Central Information Commission
Shri. K Arani vs Bhabha Atomic Research Centre on 30 November, 2011
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SM/A/2011/001034/SG/16040
Appeal No. CIC/SM/A/2011/001034/SG
Relevant Facts emerging from the Appeal:
Appellant : Mr. K. Arani
Tech./A, IC No. 7290,
KARP, BARCF, Kalpakkam,
District-Kanchipuram (TN) -603102
.
Respondent : Mr. Goverdhan Rao
Public Information Officer & Head (Personnel Division)
Bhabha Atomic Research Center
BARC
Central Complex, 3rd Floor,
Trombay, Mumbai -400085 (Maharashtra).
RTI application filed on : 08/02/2011
PIO replied : 17/02/2011
First appeal filed on : 23/02/2011
First Appellate Authority order : 09/03/2011
Second Appeal received on : 19/03/2011
Information sought;
Kindly provide the Information regarding Shri. K.V. Jayarai SA/E BARC Mumbai:
1.) Details of 1eave (E.L,C.L, Sp.C.L, H.P.L, and E.O.L) availed by him in the years 2006, 2007, 2008, 2009, and 2010.Year wise in a tabular format.
2.) Balance of El and H.P.L leave statement for the years 2006, 2007, 2008, 2009, and 2010.
3.) Amount recovered from salary due to non availability of leave, dies-non, and E.O.L. Date wise amount in a tabular format for the years 2006, 2007, 2008, 2009, and 2010.
Reply of the PIO:
1) Reply to Q.N 1, 2 & 3: The information requested relates to personal information the disclosure of which has no relationship to any public activity or interest, therefore exempted under Cause 8 (1)(j) of the RTI Act, 2005. Therefore information requested cannot be provided.
Grounds for the First Appeal:
CPIO refused to provide the information.
Order of the First Appellate Authority (FAA):
The FAA upheld the reply of PIO and ordered that the information sought relates to personal information.
Grounds for the Second Appeal:
Reply provided by the PIO is not satisfactory the FAA's order is also not as per the Act. Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. K. Arani on video conference from NIC-Kanchipuram Studio; Respondent: Mr. Goverdhan Rao, Public Information Officer & Head (Personnel Division) on video conference from NIC-Mumbai Studio;
The Appellant ahs sought information regarding the leave taken by Mr. K.V. Jayarai SA/E BARC Mumbai. The PIO has refused to give this information claiming exemption under Section 8(1)(j) of the RTI Act. The standards of disclosure for public servants have been set much higher than that of private individual. The Supreme Court in its land mark ADR Judgment has stated that citizens have a right to know about the assets and criminal charges against those who wish to be Public Servants (Elected Representatives). Given the high standard of disclosure laid down by the Supreme Court and the fact that Section-4 of the RTI Act also mandates disclosure of the emoluments of the Public Servants, most information about the work and job done by public servants would have to be disclosed under the RTI Act. In view of this the exemption claimed by the PIO is not upheld.
Decision:
The Appeal is allowed.
The PIO is directed to provide the information to the Appellant before 20 December 2011.
This decision is announced in open chamber. Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 30 November 2011 (In any correspondence on this decision, mention the complete decision number. (BK))