CENTRAL INFORMATION COMMISSION
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F. No. CIC/AT/A/2010/000149
Dated, the 7 May, 2010
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Appellant : Ajit S. Porob
Respondent : Mormugao Port Trust
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Matter came up for hearing through videoconference (VC) on
22.04.2010 pursuant to Commission’s notice dated 16.03.2010. Parties were
present at NIC VC facility at Goa.
2. This appeal is related to appellant’s RTIapplication dated 03.11.2009,
which contained 6 items of queries in respect of one late Mr. Prabhakar
Harichandra Shet.
3. CPIO rejected the appellant’s request for information claiming
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exemption under Section 8(1)(j) of the RTIAct. AA, in 1 appeal, upheld the
CPIO’s decision.
4. Appellant’s RTIqueries were examined and decided as follows:
Item No.1
“The date of retirement of abovesaid Prabhakar Shet.”
Decision:
A date of retirement of an employee is public information, and cannot be
classified as personal to him. Innoway, such an information can attract
exemption under Section 8(1)(j) of the RTIAct.
It is, therefore, directed that the CPIO, within 1 week of the receipt of
this order, shall provide to appellant information relating to this item of query.
Ajit S. Porob Vs Mormugao Port TrustAppeal No. 149 Page
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Item No. 2
“The details regarding total amount paid to said Prabhakr as a
payment towards retirement gratuity and the date on which said
gratuity is paid.”
The amount paid to an employee by his employer as pensionary benefit
(such as gratuity) is personal to that employee, and has no relationship to any
public activity or interest. I am, therefore, in agreement with the respondents
that this information attracts the exemption under Section 8(1)(j) of the RTI
Act.
Decision:
It is accordingly directed that there shall be no disclosure in regard to
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this item of query. However, the date on which the gratuity was paid to the 3
party may be given to the appellant. Time1 week.
Item No. 3:
“The details regarding total amount of commuted value of Pension
paid to said Prabhakar”
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This is again a request for knowing the personal details of the 3 party
which cannot be authorized.
Decision:
No disclosure, therefore, need be made.
Item No. 4:
“The application form submitted by said Prabhakar as regard to
Family Pension.”
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This type of information is personal to a 3 party which is submitted by
him to his employers (public authorities) in trust. As such, it cannot be allowedAjit S. Porob Vs Mormugao Port TrustAppeal No. 149 Page
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to make such information public without any larger public interest, which is not
proved in the present case.
Decision:
Respondents’ decision is, therefore, upheld.
Item No. 5:
“The details regarding if said Prabhakar had availed Advances for
House/Flat during the time of his qualifying service.”
Decision taken in item No. 4 above shall apply in the present query as
well.
Item No. 6:
“Also issue certified copies of the Form: A,E,G,H,J,JA,K,L & M
i.e. Nomination for Death cum retirement, Nomination for Family
Pension, Formal application for residuary gratuity, Application for
Pension & gratuity, Form of Family Pension, Application for family
Pension, Comutation[sic] of Pension form submitted by said
Prabhakar.”
Decision taken in item Nos, 4 & 5 above shall apply in the present query
as well.
5. Appeal partly allowed.
6. Copy of this decision be sent to the parties.
(A.N. TIWARI)
Information Commissioner
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