Central Information Commission
Nitin Kumar vs Department Of Legal Affairs on 1 March, 2023
Author: Saroj Punhani
Bench: Saroj Punhani
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग , मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/DOLAF/A/2022/650224
Nitin Kumar अपीलकता/Appellant
VERSUS
बनाम
CPIO,
Department of Legal Affairs,
RTI Cell, 4th Floor, A-Wing,
Shastri Bhawan, New Delhi-110001 ितवादीगण /Respondent
Date of Hearing : 28/02/2023
Date of Decision : 28/02/2023
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 08/07/2022
CPIO replied on : 24/08/2022
First appeal filed on : 18/08/2022
First Appellate Authority order : 12/09/2022
2nd Appeal/Complaint dated : 15/09/2022
Information sought:
The Appellant filed an RTI application dated 08.07.2022 seeking the following information and the CPIO furnished a reply to the appellant on 24.08.2022 stating as under:1
Information Sought Reply Internship (July Month) 1. Selection of interns will be on first
1. Reason for non- selection of Applicant (Reg. come first serve basis, subject to the No. IN-20220620122207)? availability of slot and Approval of the Competent Authority.
2.From which date and time, applications were invited? 2. from 17.06.2022 to 24.06.2022 till
3. How many application received? 05.00 PM
4. Kindly provide details of the first 30 3. 952 applications received applications received (applicants' name, Father's name and registration no.) ? 4 and 5: The information sought pertains to third party. In accordance to
5. Kindly provide the details of applications Section 8(1)(j) of RTI Act, 2005 have been selected (applicants' name, father's information could not be provided. name, mobile no. and registration no. etc.)?
6. No placement
6. Is there any placement of all selected interns after internship? is yes, what is type of 7. From 18.07.2022 to 25.07.2022 till appointment (permanent, temporary or other)? 5.00 PM How much salary/payment?
8 & 9: Candidates has to apply fresh Internship (August Month) application along with fresh NOC for
7. From which date and time applications will each month. be invited?
8. Is candidates to re-apply for August month who are not shortlisted in the July month or their application shall be transferred to next month till their selection?
9. If candidate has to re-apply, NOC of the July month will be valid for the August month?
Being dissatisfied, the appellant filed a First Appeal dated 18.08.2022. FAA's order, dated 12.09.2022, upheld the reply of CPIO.
Feeling aggrieved and dissatisfied, the appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present through video conference.2
Respondent: Varun Singh Chauhan, US & CPIO present through intra-video conference.
The Appellant stated that he is aggrieved with the fact that the complete information has not been provided to him, particularly, the start time from when the applications for internship were accepted. He further stated that he wants the complete information to ensure that all the first 30 applicants secured the internship.
The CPIO submitted that the available and permissible information has been already provided to the Appellant while the information that entailed the personal data of other candidates has been denied under Section 8(1)(j) of the RTI Act. Further, the CPIO offered to clarify to the Appellant that there is no such record of the "start time" but only the start date and therefore the "start time" is not an available information.
Decision:
The Commission based on a perusal of the facts on record and from the proceedings during the hearing observes that under the garb of seeking for information the Appellant is agitating his grievance of not being offered the averred internship. In the process, he has raised absurd and rhetorical grounds of second appeal against the fact that the CPIO did not provide him with the 'start time' and that he wants to confirm if the first 30 candidates secured the internship. While the reply provided by the CPIO is as per the provisions of the RTI Act requiring no intervention of the Commission.
As regards the information sought for at points 4 & 5 of the RTI Application that related to the personal information of the other candidates, the attention of the Appellant is drawn towards a judgment of the Hon'ble Supreme Court in the matter of Central Public Information Officer, Supreme Court of India Vs. Subhash Chandra Agarwal in Civil Appeal No. 10044 of 2010 with Civil Appeal No. 10045 of 2010 and Civil Appeal No. 2683 of 2010 wherein the import of "personal information" envisaged under Section 8(1)(j) of RTI Act has been exemplified in the context of earlier ratios laid down by the same Court in the matter(s) of Canara Bank Vs. C.S. Shyam in Civil Appeal No.22 of 2009; Girish Ramchandra Deshpande vs. Central Information Commissioner & Ors., (2013) 1 SCC 212 and R.K. Jain vs. Union of India & Anr., (2013) 14 SCC 794. The following was thus held:
"59. Reading of the aforesaid judicial precedents, in our opinion, would indicate that personal records, including name, address, physical, mental and 3 psychological status, marks obtained, grades and answer sheets, are all treated as personal information. Similarly, professional records, including qualification, performance, evaluation reports, ACRs, disciplinary proceedings, etc. are all personal information. Medical records, treatment, choice of medicine, list of hospitals and doctors visited, findings recorded, including that of the family members, information relating to assets, liabilities, income tax returns, details of investments, lending and borrowing, etc. are personal information. Such personal information is entitled to protection from unwarranted invasion of privacy and conditional access is available when stipulation of larger public interest is satisfied. This list is indicative and not exhaustive..."
Having observed as above, the Commission finds the instant appeal bereft of merit and upholds the CPIO's submissions.
The appeal is disposed of accordingly.
Saroj Punhani (सरोज पुनहािन) हािन) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 4