Central Information Commission
Babu Lal Nambardar vs South Delhi Municipal Corporation ... on 22 May, 2020
के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग,मुननरका
Baba Gangnath Marg, Munirka
नईददल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/SDMCC/A/2018/144350
Shri Babu Lal Nambardar ... अपीलकताग/Appellant
VERSUS/बनाम
PIO/Asst. Commissioner (DEMS), ...प्रनतवादीगण /Respondent
Department of Environment Management
Services, Dr. B.R. Ambedkar Stadium, New Delhi
PIO/Asst. Commissioner/Central Zone, South
Delhi Municipal Corporation, Lajpat Nagar, New
Delhi - 110024
Through: Sh. Rahul Singh
Date of Hearing : 20.05.2020
Date of Decision : 22.05.2020
Information Commissioner : Shri Y. K. Sinha
Relevant facts emerging from appeal:
RTI application filed on : 05.04.2018
PIO replied on : 25.04.2018
First Appeal filed on : 31.05.2018
First Appellate Order on : 22.06.2018
2ndAppeal/complaint received on : 16.07.2018
Information soughtand background of the case:
The Appellant filed his RTI application dated 05.04.2018 for sought information on fivepoints including certified copies of ration card, Aadhar card, Voter I card, Age proof certificate etc submitted by Sh. Netrapal, an employee of the respondent, at the time of his recruitment in 1995; service benefits obtained by Sh. Netrapal during tenure of his service between 1995 to 2012 etc. The PIO-AC/DEMS-HQ/SDMC, furnished a reply to the appellant vide letter dated 25.04.2018, enclosing a letter dated 23.04.2018 from the AO/DEMS/HQ which only informs about the transfer of the application, and informing that the complaint dated 13.10.2017 received from the appellant had been forwarded to AC, Central Zone for taking necessary action. Dissatisfied with the reply received from the PIO, the Appellant filed First Appeal dated 31.05.2018. The FAA vide order dated 22.06.2018 directed the PIO/AC/DEMS to transfer the Ist Appeal dated 31.05.2018 to the FAA/DC, Central Zone and further the PIO/AC/DEMS/HQ was directed to provide the copy of complaint dated 13.10.2017 which was forwarded to AC/Central Zone to the appellant within a period of 10 days.
Feeling aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
In order to maintain social distancing in the wake of outbreak of COVID-19 pandemic, hearing is conducted through audio conference.
Parties reiterate the facts as already discussed above.
Decision Facts of the case, which emerge from perusal of records reveal that none of the public officials neither PIO nor FAA have applied their minds while adjudicating the case at hand. The queries of the appellant are all directed towards seeking information related to one Netrapal who is an employee of the respondent. Disclosure of the information sought by the appellant does not serve any larger public interest nor has the appellant made any submission to that effect. The information sought by the appellant involves details like certified copies of ration card, Aadhar card, Voter I card, Age proof certificate etc. of Netrapal and service benefits accrued to him between 1995 to 2012, all of which are barred from disclosure under Section 8(1)(j) of the RTI Act, being personal information related to a third party and held by the respondent, in the capacity of employer of the third party, disclosure whereof is likely to infringe the privacy of the individual. Hence none of the information needs to be disclosed and the appeal is thus dismissed.
The Commission advises the respondent to exercise more prudence and apply the RTI Act strictly while dealing with RTI queries, in future.
Y. K. Sinha(वाई. के . नसन्द्हा) Information Commissioner(सूचना आयुक्त) Authenticated true copy (अभिप्रमाभितसत्याभितप्रभत) Ram Parkash Grover (राम प्रकाश ग्रोवर) Dy. Registrar (उप-पंजीयक)/ 011-26180514