Central Information Commission Judgements

Shri. Gaurav Bandi vs The Institute Of Company … on 27 May, 2009

Central Information Commission
Shri. Gaurav Bandi vs The Institute Of Company … on 27 May, 2009
               Central Information Commission
                            2nd Floor, August Kranti Bhawan,
                        Bhikaji Cama Place, New Delhi - 110 066
                                Website: www.cic.gov.in

                                                           Decision No.4032/IC(A)/2009

                                                           F. No.CIC/MA/A/2009/000278

                                                              Dated, the 27th May, 2009

Name of the Appellant:                  Shri. Gaurav Bandi

Name of the Public Authority:           The Institute of Company Secretaries of India

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Facts

:

1. Both the parties were heard on 27/5/2009.

2. The appellant has sought for disclosure of personal details of a woman
student, who has furnished relevant data for securing admission to a course
offered by the respondent. The information asked for relate to her contact
address, academic performance including the awards and other achievements.
The CPIO has replied and refused to furnish the information u/s 8(1)(j) of the Act,
on the ground that the requested information are personal to a student, the
disclosure of which would cause unwarranted invasion of privacy of the woman
student.

3. The CPIO made an attempt to obtain the concurrence of the third party,
i.e. the student, but the two letters sent by him were returned undelivered.

4. During the hearing, the representative of the appellant, Shri Neeraj
Aggarwal could not explain as to what was the public interest in disclosure of
personal details of a woman student. He also could not explain as to how the
appellant was affected in the matter.

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“If you don’t ask, you don’t get.” – Mahatma Gandhi

5. The appellant’s representative, Mr. Aggarwal, was un-willing to assure the
respondent that he would not mis-use the personal data about the woman
student, if it was disclosed to the appellant.

Decision:

6. The CPIO has correctly invoked section 8(1)(j) of the Act for denial of
information relating to the personal details of a woman student of the respondent.

7. The appellant has neither indicated as to what is the public interest in
disclosure of personal data of a third party nor expressed willingness to assure
that the information would not be used for humiliation of a woman student, this
appeal is considered unnecessary, frivilous and utter mis-use of the provisions
of the RTI Act for settling personal scores at the costs of the tax payers, which is
unfortunate.

8. With these observations, this appeal is disposed of.

Sd/-

(Prof. M.M. Ansari)
Central Information Commissioner 2

Authenticated true copy:

(M.C. Sharma)
Assistant Registrar

Name & address of Parties:

1. Shri. Gaurav Bandi, Starlit Tower, Y.N. Road, Indore – 452 003.

2. Shri. Sanjay Gupta, Joint Director (HR) & CPIO, The Institute of Company
Secretaries of India, ICSI House 22, Institutional Area, Lodhi Road, New
Delhi – 110 003.

3. Shri. S. Kumar, Appellate Authority, The Institute of Company Secretaries
of India, ICSI, House 22, Institutional Area, Lodhi Road, New Delhi – 110

003.

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“All men by nature desire to know.” – Aristotle