Central Information Commission
Swapan Kumar Chattopadhyay vs Damodar Valley Corporation on 31 August, 2019
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/DVCOR/A/2018/116740
Swapan Kumar Chattopadhyay ... अपीलकता /Appellant
VERSUS
बनाम
CPIO, Damodar Valley ... ितवादीगण
Corporation, Kolkata, West /Respondents
Bengal
Relevant dates emerging from the appeal: Hearing: 29.08.2019
RTI : 30.11.2017 FA : 07.01.2018 SA :16.03.2018
CPIO : 22.12.2017 FAO : 19.02..2018 Hearing: 29.08.2019
ORDER
1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Damodar Valley Corporation, Kolkata, West Bengal seeking information on four points pertaining to his superannuation on 28.02.2018 including, inter-alia, (i) Rate/Amount of monthly Basic Pension of the appellant(PPO No. 21046) paid for October 2017 along with Dearness Relief etc; (ii) Copy of the release order with respect to appellant's retirement on 28.02.2018; (iii) copy of office order No PL-NI(Gr.A) Revised UCP 2013-872 Dt. 07.11.2017 ; (iv) copy of note Page 1 of 4 discussion & approval dated 16.10.2017 in file no. PL-UCP (Finance 16-
17)/con in connection to issue of above office order.
2. The appellant filed a second appeal before the Commission on the ground that the respondent refused to furnish information pertaining to point 4 of the RTI application to the appellant on the ground that such information is exempted under Section 8(1) (j) of the RTI Act. The appellant requested the Commission to direct the respondent to provide information pertaining to point 4 of the RTI application sought by him.
Hearing: 29.08.2019
3. The appellant Shri Swapan Kumar Chattopadhyay and the respondent Shri Anshuman Mandal, JS, CPIO, Damodar Valley Corporation, Kolkata, West Bengal attended the hearing through video conferencing.
4. The respondent have filed their written submissions dated 22.07.2019 and the same were taken on record.
5. The appellant submitted that the respondent wrongfully denied the information sought vide point 4 of the RTI application as he had sought the note pertaining to himself and therefore the same cannot be exempted from disclosure under Section 8(1) (j) of the RTI Act.
6. The respondent submitted that the information sought for by the appellant under point 4 of the RTI Application pertains not only to the appellant but also to the other serving/retired employees in respect of whom the order had been Page 2 of 4 issued. Furthermore, the appellant has not demonstrated any larger public interest which the disclosure of such information would serve. Hence, the information sought by the appellant is exempted from disclosure under Section 8(1) (j) of the RTI Act.
Decision:
7. The Commission, after hearing the submissions of both the parites and perusing the records, observes that the appellant is entitled to seek information regarding his own case. The Commission, therefore, directs the respondent to provide information on point no. 4 of the RTI application to the appellant after severing/masking information which relates to the personal information of third parties, the disclosure of which has no relationship to any public interest and would cause an unwarranted invasion of the privacy of the third parties, within four weeks from the date of receipt of a copy of this order under intimation to the Commission.
8. With the above observations, the appeal is disposedof.
9. Copy of the decision be provided free of cost to the parties.
Sd/-
Sudhir Bhargava (सुधीर भागव)व) Chief Information Commissioner (मु यसू यसूचना आयु ) दनांक / Date 30.08.2018 Page 3 of 4 Authenticated true copy (अिभ मािणत स यािपत ित) S. S.Rohilla (एस. एस. रोिह ला) Dy. Registrar (उप-पंजीयक) 011-26186535/ [email protected] Addresses of the parties:
1. The Central Public Information Officer (CPIO), Damodar Valley Corporation, DVC Towers, VIP Road, Kolkata-700054, West Bengal
2. The First Appellant Authority (FAA) Damodar Valley Corporation, DVC Towers, VIP Road, Kolkata-700054, West Bengal
3. Swapan Kumar Chattopadhyay Page 4 of 4