In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2010/001405
Date of Hearing : February 4, 2011
Date of Decision : February 4, 2011
Parties:
Complainant
Ms. Nirmala Devi Agrawal
C/o Ashish Agrawal,
Ward No. 3, Mohantayapara,
Kantabanji,
Balangir(Odisa) 670 308
The Complainant was absent.
Respondent
Public Information Officer,
East Coast Railway, Sambalpur
Office of Divisional Railway Manager
Sambalpur Division
Sambalpur
Represented by: Shri Hemant Kumar Mahanand, APIO, Shri Gaurav Dwivedi, Chief Law Assistant
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
Decision Notice
As given in the decision.
In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2010/001405
Background
1. The Applicant, through his RTIapplication dated 20.08.2010, wanted to know the complete details of
assets of Shri N.N. Patjoshi, Sr. D.C.M., Sambalpur Division as well as his dependents.
2. APIO, on 17.09.2010, informed Applicant that the information requested by him does not come under
the purview of Section 2(f) of the RTIAct and hence the supply of the same is regretted under
Section 8(j) of the RTIAct.
3. Applicant, thereafter, filed the present petition in the Commission on 21.09.2010 requesting that the
information may be directed to be furnished to him.
Decision
4. During the hearing, the Respondent stated that they do not have the details of assets of the
dependents of the 3rdparty (Shri N.N. Patjoshi), however they do maintain the details of the 3rdparty,
as is mandatory along with his annual returns. They, nevertheless, argued that these details are
personal to the 3rdparty and that they are maintained by the public authority as a confidential
document.
5. Upon hearing the submissions and after perusing the records, it is noted that the personal assets of
any person ― including the civil servant ― are, as the term itself defines, “personal” to such person /
civil servant. When he joins the service, he accepts certain Conduct Rules restrictions on himself, one
of which is giving prior intimation for transaction in certain categories of movable and immovable
assets to the competent authority and obtaining the approval of that authority. The only reason why
such prior intimation and approvals thereof can or should be disclosed is on account of these being in
public interest, which has not been cited by the Complainant in the present case.
6. In view of the above, the present petition is disallowed and closed at Commission’s level.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Ms. Nirmala Devi Agrawal
C/o Ashish Agrawal,
Ward No. 3, Mohantayapara,
Kantabanji,
Balangir(Odisa) 670 308
2. The Public Information Officer
East Coast Railway, Sambalpur
Office of Divisional Railway Manager
Sambalpur Division
Sambalpur
3. Officer Incharge, NIC