T Aruna vs Small Industries Development Bank Of ... on 26 December, 2022

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Central Information Commission

T Aruna vs Small Industries Development Bank Of ... on 26 December, 2022

1. The issue under consideration arising out of the second appeal dated 15.03.2021 include non-receipt of the following information sought by the appellant through the RTI application dated 10.11.2020 and first appeal dated 12.01.2021:-

Information regarding SIDBI employee Sri K. T. Prasad Rao SIDBI - Employee code ***049- Reg.

(i) The appellant herewith applying for the details of Sri K. T. Prasad Rao who is her husband (for ready reference).

(ii) Furnish copy of pay slip and data from furnished to PPO (Pension payment application form) for processing of his pension.

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(iii) Furnish copy of full and final settlement benefits, compensation break up in anticipation of retirement, legal heirs, and nominee details endorsed in the application.

(iv) Furnish the attested copy of intimation details/reply to her (legally wedded wife) by your department to the applicant (i.e. myself) regarding his date of joining, date of retirement, last drawn salary, nomination in favour of (if filed), his present address, permanent address and contact phone number for information and record purpose.etc.

(v) Is the Pension payment of Sri K.T. Prasad Rao is in process if so an office copy extracts of the same to be furnished? Is the police verification is done/ reports awaited for pending cases if any with respect to Sri K.T. Prasad Rao, the action taken by the respondent's department for sanction of pension/ relieving letter along with reason.

(vi) Please furnish details of pension facility availed by Sri K T Prasad Rao AGM SIDBI Guwahati under which scheme ( EPF/PPO/PPF/NPS/CPS/VPS/ etc.) the para wise remarks and file noting & pages in connection with the above mentioned letter.

(vii) Furnish the latest submitted official declared assets and liability statement to SIDBI of the Sri K.T.Prasad Rao AGM, SIDBI.

2. Succinctly facts of the case are that the appellant filed an application dated 10.11.2020 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Small Industries Development Bank of India, Lucknow, seeking aforesaid information. The CPIO vide letter dated 15.12.2020 replied to the appellant. Aggrieved by the same, the appellant filed first appeal dated 12.01.2021. The First Appellate Authority (FAA) vide order dated 05.02.2021 disposed of the first appeal. Aggrieved by that, the appellant filed second appeal dated 15.03.2021 before the Commission which is under consideration.

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3. The appellant has filed the instant appeal dated 15.03.2021 inter alia on the grounds that reply given by the CPIO was not satisfactory. The appellant requested the Commission to direct the CPIO to provide the complete information and take necessary action as per Section 20 (1) of the RTI Act.

4. The CPIO replied vide letter dated 15.12.2020 and the same is reproduced as under:-

     (i)      "No information is sought.
     (ii)     The information seeker is informed that pay slip of Shri K. T. Prasad Rao is

exempted under Section 8 (1) (j) of RTI Act which contains personal records of third party, the disclosure of which has no relationship to any public interest and cause unwarranted invasion of the privacy of individual, hence not provided. However the salary details (for the month of October 2020) of Shri K. T. Prasad Rao are as under:-

(iii) Full and final settlement of retirement benefits will be finalized after the retirement of Shri K. T. Prasad Rao, who is still in service. The information seeker is informed that the nominee details of Shri K T Prasad Rao is exempted under Section 8 (1) (j) of RTI Act which contains personal records of third party, the disclosure of which has no relationship to any public interest and cause unwarranted invasion of the privacy of individual, hence not provided.

(iv) The information seeker is informed that the information is exempted under Section 8 (1) (j) of RTI Act which contains personal records of third party, the disclosure of which has no relationship to any public interest and cause unwarranted invasion of the privacy of individual, hence not provided.

(v) Shri K. T. Prasad Rao not covered under SIDBI pension scheme.

     (vi)     The information is not available with SIDBI.
     (vii)    The information seeker is informed that the information is exempted under Section

8 (1) (j) of RTI Act which contains personal records of third party, the disclosure of which has no relationship to any public interest and cause unwarranted invasion of the privacy of individual, hence not provided."

The FAA vide order dated 05.02.2021 upheld the CPIO's reply.

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5. The appellant and on behalf of the respondent Shri Sanjay Jain, CPIO, SIDBI, Mumbai attended the hearing through video conference.

5.1. The appellant inter alia submitted that she is the legally wedded wife of Shri K.T. Prasada Rao and matrimonial case along with criminal case which was pending in the Hon'ble courts wherein the information sought on the subject was of paramount importance. She further submitted that her husband was not maintained her which was his primary responsibility. Therefore, the information sought was related to life and liberty. Besides, she contended that the information sought about assets, income and investment of spouses was no more personal information.

5.2. The respondent while defending their case inter alia submitted that they had already provided point-wise information/reply to the appellant vide letter dated 15.12.2020.

6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, observed that reply given by the respondent was incomplete and evasive. The respondent had denied the information regarding salary/pension, full and final settlement benefits, compensation break up in anticipation of retirement, legal heirs, and nominee details endorsed in the application etc. on the ground of third party information. The appellant during the course of hearing submitted that she is the legally wedded wife of Sri K.T. Prasada Rao and matrimonial case along with criminal case was pending in the courts. The information sought was required by the appellant for producing the same in the court. In the light of law laid down by Delhi High Court in Kusum Sharma vs. Mahinder Kumar Sharma on 14.01.2015, the income of spouses may be disclosed to each other for the purpose of faster resolution of matrimonial dispute. It may not be out of place to mention that a public servant apart from being responsible was supposed to maintain good conduct outside also. Moreover, the appellant is not the stranger as she is wife of Sri K. T. Prasad Rao and certain civil suits are pending before the Court of Law. The exemption claimed by the respondent was not sustainable in the eyes of law. In view of the above, the ends of justice may be met if the information sought may be revealed to the appellant. However, provisions contained Page 4 of 5 under section 11 of the RTI Act may be complied with. Accordingly the respondent is directed to revisit the RTI application and provide the revised point-wise information to the appellant within three weeks from the date of receipt of this order. With these observations and directions, the appeal is disposed of.

Copy of the decision be provided free of cost to the parties.

Sd/-

(Suresh Chandra) (सुसुरेशचं ा) ा सूचनाआयु ) Information Commissioner (सू दनांक/Date: 27.12.2022 Authenticated true copy R. Sitarama Murthy (आर. सीताराममूत#) Dy. Registrar (उपपंजीयक) 011-26181927(०११-२६१८१९२७) Addresses of the parties:

The CPIO : Small Industries Development Bank of India SWAVALAMBAN BHAVAN, Plot No.C-11, 'G' Block, Bandra Kurla Complex, Bandra East, Mumbai-400051 The First Appellant Authority Small Industries Development Bank of India, Head Office, SIDBI Tower, 15, Ashok Marg, Lucknow-226001 Ms. T. Aruna Page 5 of 5

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