Central Information Commission
Shubhra Mathur Urf Shubra Shrivastav vs North Central Railway on 14 September, 2021
CIC/NCRAL/A/2019/150622
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/NCRAL/A/2019/150622
In the matter of:
Shubhra Mathur Urf Shubra ... अपीलकता/Appellant
Shrivastav
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
/Divisional Personnel Officer,
North Central Railway,
O/o the Divisional Railway Manager (P),
Divisional Office, Allahabad Division,
Nawab Yusuf Road, Allahabad,
Uttar Pradesh
Relevant dates emerging from the appeal:
RTI Application filed on : 07.06.2019
CPIO replied on : 12.07.2019
First Appeal filed on : 29.07.2019
First Appellate Authority order : 22.08.2019
Second Appeal received on : 21.10.2019
Date of Hearing : 10.09.2021
The following were present:
Appellant: Shubhra Mathur participated in hearing through video conferencing
from NIC Varanasi.
Respondent: Shri Laxmi Prasad, Law Officer & APIO, participated in the hearing
through video conferencing from NIC Allahabad.
Page 1 of 6
CIC/NCRAL/A/2019/150622
ORDER
Information sought:
The Appellant filed an RTI Application dated 07.06.2019 seeking information on the following two points:
1) "रे लवे हॉि पटल यागराज म फमािस ट के पद पर कायकत आवे दका के पित सौरभ माथुर पु जय काश माथुर क वतमान म स पूण वेतन या है ?
2) उपरो सौरभ माथुर संिवदा पर कायकत है अथवा उनक िनयुि थायी है ?"
Shri K. L. Jaiswal, Assistant Public Information Officer & Divisional Personnel Officer, North Central Railway, Allahabad vide letter dated 12.07.2019, informed to the Appellant as under:
"उपरो संद भत प के स बंध म अवगत कराना है क िच क सा िवभाग के के ीय िच क सालय उमरे /इला० म संिवदा आधार पर कायरत ी सौरभ च द माथुर फामािस ट को रे लवे ारा जारी प दनांक 12.04.18 म िनिहत िनदश के अनुसार मािसक शु क का भुगतान कया जाता है। ी सौरभ च द माथुर फामािस ट संिवदा आधार पर के ीय िच क सालय उमरे /इला म कायरत है।"
Being dissatisfied, the Appellant filed a First Appeal dated 29.07.2019. The First Appellate Authority vide order dated 22.08.2019, enclosed a letter given by Shri K. L. Jaiswal, Assistant Public Information Officer & Divisional Personnel Officer, North Central Railway, Allahabad dated 14.08.2019 wherein the Appellant has been informed that the information has already been provided vide letter dated 12.07.2019.
Grounds for Second Appeal:
The Appellant filed a Second Appeal u/s 19 of the Act on the ground of incomplete and unclear information provided by the Respondent. Appellant requested the Commission to direct the CPIO to provide complete information sought for.Page 2 of 6
CIC/NCRAL/A/2019/150622 Submissions made by Appellant and Respondent during Hearing:
The Appellant stated that she has not received complete information as sought in the instant RTI Application. Upon queried by the Commission as to whether any dispute is pending adjudication between the Appellant and her estranged husband Shri Sourabh Mathur, she explained that a matrimonial dispute is pending adjudication before the competent/jurisdictional Family Court and further added that in order to support her pending maintenance case, she has sought information in point no. 1 of the instant RTI Application to ascertain the salary of her estranged husband.
The Respondent submitted that an adequate and relevant reply has already been provided to the Appellant vide CPIO reply dated 12.07.2019 thereby enclosing a letter dated 12.04.2019. He also apprised the bench that they do not maintain any gross figure of salary paid to pharmacist as it is given on daily basis and at present an amount of Rs. 1582/- is being given to a pharmacist on daily basis.
A written submission has been received by the Commission from Shri Laxmi Prasad, Law Officer & APIO, vide letter dated 08.09.2021 and the same has been marked to the Appellant, wherein the Commission has been apprised as under:Page 3 of 6
CIC/NCRAL/A/2019/150622 Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that the information sought in the instant RTI Application pertains to personal information of a third party, which the Respondent fails to deny in their reply under Section 8(1)(j) of the RTI Act. The Commission observes that Shri Laxmi Prasad, Law Officer & APIO without application of mind has disclosed the salary of third party to the Appellant during the proceeding of the instant case without following the due process as enumerated under the provisions of RTI Act. This kind of approach is not within the letter and spirit of the RTI Act. The Commission advises him that he should acquaint well with the provisions of the RTI Act in order to avoid such blatant and tedious mistakes.
However, since the Appellant is contesting the same, the Commission finds it pertinent to rely upon the recent judgment of the Hon'ble High Court of Delhi vide W.P.(C) 2211/2021 & CM APPL.16337/2021 in the matter of Amit Meharia versus Commissioner of Police & Ors. decided on 17.08.2021, wherein the Hon'ble High Court has categorically held as under:
"16. A perusal of all these FIRs and complaints therein would show that allegations have been made by the Respondent No. 4 against both her ex-husbands as also the in-laws etc. Thus, the privacy which is to be considered in this case is not just the privacy of Respondent No.4 alone, but in fact, that of the said husbands against whom complaints were filed as well as the in-laws etc. The personal information in this case does not relate only to the Petitioner or Respondent No.4 but also to those other persons who were the subject matter of the said complaints and FIR. Thus, the exception under Section 8(1)(j) of the RTI Act, 2005 would clearly apply in the present case.
...
...
19. The Supreme Court has clearly observed in Registrar, Supreme Court v. R.S. Misra [2017 SCC OnLine Del 11811] that the provisions of the RTI Act are for achieving transparency and not for making available information to be used in Page 4 of 6 CIC/NCRAL/A/2019/150622 other proceedings, especially if there are other remedies available to the persons who seek the information, under another statute. The relevant extract reads as under:
"xxx xxx xxx
53. The preamble shows that the RTI Act has been enacted only to make accessible to the citizen the information with the public authorities which hitherto was not available. Neither the Preamble of the RTI Act nor does any other provision of the Act disclose the purport of the RTI Act to provide additional mode for accessing information with the public authorities which has already formulated rules and schemes for making the said information available. Certainly if the said rules, regulations and schemes do not provide for accessing information which has been made accessible under the RTI Act, resort can be had to the provision of the RTI Act but not to duplicate or to multiply the modes of accessing information.
54. This Court is further of the opinion that if any information can be accessed through the mechanism provided under another statute, then the provisions of the RTI Act cannot be resorted to as there is absence of the very basis for invoking the provisions of RTI Act, namely, lack of transparency. In other words, the provisions of RTI Act are not to be resorted to if the same are not actuated to achieve transparency."
Keeping in view of the aforesaid ratio, the Commission finds no further scope of intervention in the instant matter.
With the above observations, the instant Second Appeal is disposed of. Copy of the decision be provided free of cost to the parties.
The Appeal, hereby, stands disposed of.
Amita Pandove(अिमता पांडव) Information Commissioner(सूचना आयु ) दनांक / Date: 13.09.2021 Page 5 of 6 CIC/NCRAL/A/2019/150622 Authenticated true copy (अिभ मािणत स यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Addresses of the parties:
1. The First Appellate Authority (FAA) ADRM, North Central Railway, O/o The Divisional Railway Manager, Divisional Office, Allahabad Division, Nawab Yusuf Road, Allahabad, Uttar Pradesh
2. The Central Public Information Officer /Divisional Personnel Officer, North Central Railway, O/O The Divisional Railway Manager (P), Divisional Office,Allahabad Division, Nawab Yusuf Road, Allahabad, Uttar Pradesh
3. Smt. Shubhra Mathur Urf Shubra Shrivastav Page 6 of 6