Central Information Commission
Pratibha Jaiswal vs Indian Air Force on 1 October, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No: CIC/IAIRF/A/2023/126730,
CIC/IAIRF/A/2023/127205 &
CIC/IAIRF/A/2023/127208
Pratibha Jaiswal .....अपीलकर्ाग /Appellant
VERSUS
बनाम
CPIO,
Directorate of Personal Services,
Air Head Quarters, Vayu Bhawan,
Rafi Marg, New Delhi-110106. ....प्रनर्वािीगण /Respondent
Date of Hearing : 20.09.2024
Date of Decision : 01.10.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 23.03.2023, 22.03.2023, 21.03.2023
CPIO replied on : 12.04.2023, 13.04.2023
First appeal filed on : 24.04.2023
First Appellate Authority's order : 29.05.2023, 30.05.2023
2nd Appeal/Complaint dated : 16.06.2023, 21.06.2023
The appellant filed the above-mentioned Second appeals against the above
CPIO, with respect to three RTI applications seeking information on the similar
issue. Therefore, all three cases are clubbed together for hearing and disposal,
to avoid multiplicity of proceedings.
Page 1 of 8
CIC/IAIRF/A/2023/126730
Information sought:
The Appellant filed an RTI application dated 23.03.2023 seeking the following information:
1. Please inform the date of the appointment of Sh. Manish Kumar S/o Sh.
Umesh Prasad Singh, Corporal, service No. 906413F (Unit ODC, Delhi IAF) in Indian Air Force as per service record.
2. Please inform, the date of termination/suspension of services of Sh.
Manish Kumar S/o Sh. Umesh Prasad Singh, Corporal, service No. 906413F (Unit ODC, Delhi IAF), if done by the Indian Air Force.
3. Please inform under which offence and/or under which Act, the services of Sh. Manish Kumar S/o Sh. Umesh Prasad Singh, Corporal, service No. 906413 -F (Unit ODC, Delhi IAF) was terminated by the Indian Air Force.
4. Please inform date of voluntary retirement or retirement of Sh. Manish Kumar S/o Sh. Umesh Prasad Singh, Corporal, service No. 795128-T IAF (P) from Indian Air Force.
5. Please inform, the date of Family Pension released by the Indian Air Force in respect of Sh. Manish Kumar S/o Sh. Umesh Prasad Singh, Corporal, service No. 906413F (Unit ODC, Delhi IAF).
6. Please inform the place of the last posting of Sh. Manish Kumar S/o Sh.
Umesh Prasad Singh, Corporal, service No. 906413-F (Unit ODC, Delhi IAF).
7. Please inform, the date of marriage and the name of the wife of Sh.
Manish Kumar S/o Sh. Umesh Prasad Singh, Corporal, service No. 906413
- F (Unit ODC, Delhi IAF), as recorded in the service record.
8. Please inform, whether any Identity Card in respect of Sh. Manish Kumar, Corporal, service No. 906413F (Unit ODC, Delhi IAF) had been issued by the, ODC Delhi, AF on 16 Jan, 2016.
The CPIO furnished a reply to the Appellant on 12.04.2023 stating as under:
1 to 8.Information sought vide these paras is 'personal information', the disclosure of which has no relationship to any public activity or interest, and it would cause unwarranted invasion to the privacy of the individual.
Hence, the same is exempted from disclosure under Section 8 (1) (j) of the RTI Act, 2005.
Page 2 of 8Being dissatisfied, the appellant filed a First Appeal dated 24.04.2023. The FAA order is not on record.
CIC/IAIRF/A/2023/127205 Information sought:
The Appellant filed an RTI application dated 22.03.2023 seeking the following information:
1. Please inform the date of the appointment of Sh. Manish Singh S/o Sh.
Umesh Prasad Singh (domicile of Bihar), in Indian Air Force.
2. Please inform the designation of Sh. Manish Singh S/o Umesh Prasad Singh (domicile of Bihar), at the time of appointment in the Indian Air Force.
3. Please inform the place of duties, where Sh. Manish Singh S/o Umesh Prasad Singh (domicile of Bihar) performed his duties for Indian Air Force.
4. Please inform the date of the promotion of Sh. Manish Singh S/o Sh.
Umesh Prasad Singh, (domicile of Bihar), as done by the Indian Air Force.
5. Please inform, whether any Identity Card in respect of Sh. Manish Singh S/o Umesh Prasad Singh, Corporal, has been issued by the Indian Air Force.
The CPIO furnished a reply to the Appellant on 13.04.2023 stating as under:
1 to 5.Information sought vide these paras is 'personal information', the disclosure of which has no relationship to any public activity or interest, and it would cause unwarranted invasion to the privacy of the individual.
Hence, the same is exempted from disclosure under Section 8 (1) (j) of the RTI Act, 2005.
Being dissatisfied, the appellant filed a First Appeal dated 24.04.2023. The FAA vide its order dated 29.05.2023, held as under.
5. AND WHEREAS, the aforesaid decision is supported by the under mentioned CIC rulings: -
(a) In the case of Shri Anil Sood V/s UCO Bank (case No 859ICPB/2007, F No. PBA/07/583 dated 29 Aug 2007) the Hon'ble CIC has held that "the information is pertaining to the third party and therefore, exempted to be provided under Section 8 (1) (j) of the RTI Act, 2005."Page 3 of 8
(b) In the case of Shri Vibhor Dileep Barla, Appellant Vs Director General of Military Intelligence, Army HQ, New Delhi, Respondents in the case no.
CIC/AT/A/2006/00659 dated 19 Mar 2007, the Hon'ble CIC has held that "in Section 8(1) (j) exempts from disclosure not only personal information which have had no relationship to any public authority or public interest but also all such information which invade privacy of an individual."
6. NOW THEREFORE, in the light of above-mentioned facts and other material available on record I, as Appellate Authority, dispose of the appeal, submitted by Smt. Prathibha Jaiswal, in terms of Para 4 of this order.
CIC/IAIRF/A/2023/127208 Information sought:
The Appellant filed an RTI application dated 21.03.2023 seeking the following information:
1. Please inform the date of the appointment of Sh. Manish Kumar S/o Sh.
Surender Singh, Corporal, service No. 795128-T IAF (P) in Indian Air Force as per service record.
2. Please inform the date of termination/suspension of services of Sh.
Manish Kumar S/o Sh. Surender Singh, Corporal, service No. 795128-T IAF (P), if done by the Indian Air Force.
3. Please inform under which offence and/or under which Act, the services of Sh. Manish Kumar S/o Sh. Surender Singh, Corporal, service No. 795128-T IAF (P) was terminated by the Indian Air Force.
4. Please inform date of voluntary retirement or retirement of Sh. Manish Kumar, Corporal, service No. 795128-T IAF (P) from Indian Air Force.
5. Please inform the place of the last posting of Sh. Manish Kumar, Corporal, service No. 795128 - T IAF (P).
6. Please inform, the date of marriage and the name of the wife of Sh.
Manish Kumar S/o Sh. Surender Singh, Corporal, service No. No. 795128- T IAF (P), as recorded in the service record.
The CPIO furnished a reply to the Appellant on 12.04.2023 stating as under:
1 to, 6. Information sought vide these paras is 'personal information', the disclosure of which has no relationship to any public activity or interest, and it would cause unwarranted invasion to the privacy of the individual. Hence, the same is exempted from disclosure under Section 8 (1) (j) of the RTI Act, 2005.Page 4 of 8
Being dissatisfied, the appellant filed a First Appeal dated 24.04.2023. The FAA vide its order dated 30.05.2023, held as under.
5. AND WHEREAS, the aforesaid decision is supported by the under mentioned CIC rulings: -
(a) In the case of Shri Anil Sood V/s UCO Bank (case No 859ICPB/2007, F No. PBA/07/583 dated 29 Aug 2007) the Hon'ble CIC has held that "the information is pertaining to the third party and therefore, exempted to be provided under Section 8 (1) (j) of the RTI Act, 2005."
(b) In the case of Shri Vibhor Dileep Barla, Appellant Vs Director General of Military Intelligence, Army HQ, New Delhi, Respondents in the case no.
CIC/AT/A/2006/00659 dated 19 Mar 2007, the Hon'ble CIC has held that "in Section 8(1) (j) exempts from disclosure not only personal information which have had no relationship to any public authority or public interest but also all such information which invade privacy of an individual."
6. NOW THEREFORE, in the light of above-mentioned facts and other material available on record I, as Appellate Authority, dispose of the appeal, submitted by Smt. Prathibha Jaiswal, in terms of Pará 4 of this order.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present along with Shri Mahesh Jaiswal in person. Respondent: Shri M K Singh, CPIO, Shri Deepak Kumar, ASO, SA Ansari, DAV Staff appeared in person.
The appellant inter alia submitted that she has filed a detailed written submission and requested the Commission to place it on record.
(i) I would like to mention that Sh. Manish Kumar alias Shri Manish Singh, S/o Sh. Umesh Prasad Singh, contested the election for MLA in February 2020 for the Delhi Cantt Constituency and was defeated. The Election Commission of India mandates that all personal details and other relevant information in the nomination form must be provided prior to contesting elections.Page 5 of 8
(ii) It is a fact that Sh. Manish Singh duly filled out all required personal details in his nomination paper to contest the election for MLA in the Delhi Cantt Constituency 38 during the 2020 Delhi Legislative Assembly elections. However, he did not disclose his employment as a Corporal in the Air Force, nor did he mention whether he had retired, left, or been suspended from the Air Force in the declaration form.
(iii) It is pertinent to note that Sh. Manish Kumar/Manish Singh has been nominated as a Member of the Delhi Cantt Board by the Ministry of Defence since 12th November 2021. As a nominated member, his duties relate to public work. According to Section 36 of the Cantonments Act 2005, every member of the Board is considered a public servant under Section 21 of the Indian Penal Code (45 of 1860) and clause (c) of Section 2 of the Prevention of Corruption Act, 1988 (49 of 1988). Therefore, the above information should be provided in the public interest.
(iv) Shri Manish Singh, Nominated Member of the Delhi Cantonment Board, has engaged in unethical behaviour by misleading and extracting ₹40,00,000 (Rs. forty lakhs only) from me and my husband. This act of deceit and financial exploitation has caused severe financial distress and emotional anguish to my family and me.
(v) A recovery suit for ₹40,00,000 and its interest is currently underway in the Hon'ble Court of Patiala, vide CS No. 190/2023, Pratibha Jaiswal v/s Manish Singh.
(vii) A complaint against Shri Manish Singh for threatening, using abusive language, and manhandling has been filed by the undersigned with the SHO, PS, Delhi Cantt, vide Dy. No. 41-52(R) dated 8th October.
(viii) Additionally, a complaint has been filed against Shri Manish Singh and his associates with the SHO, PS, Delhi Cantt, DCP, ACP, and CP, Delhi, for tarnishing my family's image on social media. A defamation suit, vide No. 4CS 190/23, has also been filed by the undersigned against Shri Manish Singh and his associates in the Hon'ble Court of Patiala.
Page 6 of 8(vi) Currently, Shri Manish Kumar alias Shri Manish Singh is associated with the BJP in the capacity of Sahayak Prabhari, Purvanchal Morcha, Delhi Pradesh.
It is essential to emphasize that it is our constitutional right to know about the backgrounds of leaders holding public office. Since Sh. Manish Kumar alias Shri Manish Singh held the position of Member of the Delhi Cantonment Board and contested the 2020 MLA election for the Delhi Cantt Constituency, it is my fundamental right as a citizen/voter of Delhi Cantt to obtain information about candidates and leaders.
In light of the above, the information requested pertains to public activity and interest, and it is clear that it would not cause unwarranted invasion of individual privacy. Therefore, the information regarding Sh. Manish Kumar alias Shri Manish Singh, S/o Sh. Umesh Prasad Singh, cannot be denied by the CPIO under Section 8(1)(j) of the RTI Act, 2005. I kindly request to direct the CPIO to provide the required information, considering the grounds mentioned above."
The appellant requested the Commission to club all her three appeals and limited her query to the extent that whether Shri Manish Kumar alias Shri Manish Singh was terminated from the service, or he took VRS from the service. She pleaded that she was having some dispute with Shri Manish Kumar alias Shri Manish Singh, and the matter is in the court and disclosure of such information would serve her purpose.
The respondent while defending their case inter alia submitted that information sought pertained to third party, disclosure of which has no relationship to any public activity or interest. Accordingly, they denied the information under section 8 (1) (j) of the RTI Act.
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, noted that the respondent vide letters dated 12.04.2023 and 13.04.2023 denied the information on the ground of third-party information and claimed exemption under section 8 (1) Page 7 of 8
(j) of the RTI Act. The information sought pertained to the 3rd party who was entitled to preserve his privacy. The appellant in his RTI application, in the first appeal and during the hearing failed to bring out any larger public interest warranting the disclosure of the information which the respondent had denied and claimed exemption under section 8 (1) (j) of the RTI Act.
In view of the above and in the absence of any larger public interest, the Commission finds that appropriate reply has been given by the respondent and intervention of the Commission is not warranted in these matters.
The appeals are disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, Administration, Directorate of Personal Services, Air Head Quarters, Vayu Bhavan, Rafi Marg, New Delhi - 110106.
The FAA, Air Officer-in-Charge Administration Directorate of Personal Services, Air Head Quarters, Vayu Bhavan, Rafi Marg, New Delhi - 110106.Page 8 of 8
Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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