CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/A/2010/002811/10995
Appeal No. CIC/SG/A/2010/002811
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Peeyush Gakhar,
H. No. 803/23, Jhang Colony,
Rohtak (Haryana).
Respondent : Public Information Officer
Office of District and Sessions Judge-II,
North District, Tis Hazari Courts,
Delhi.
RTI application filed on : 03/03/2010
PIO replied : 09/03/2010
First appeal filed on : 06/04/2010
First Appellate Authority order : 05/06/2010
Second Appeal received on : 05/10/2010
S.No. Information Sought Reply of the PIO
a. Copy of joining report of Ms. Gomati Manocha, DJS presently The information sought
working as Civil Judge at Tis Hazari Court. cannot be given being an
b. Copy of certificates regarding her material status given by Ms. unwarranted invasion of
Gomati Manocha at the time of joining at Tis Hazari Court. privacy of Ld. Judicial
c. Supply the copy of personal information supplied by Ms. Gomati Officer and the information
Manocha. sought has no nexus with any
d. Supply the copy of service book of Ms. Gomati Manocha. public activity accordingly.
First Appeal:
The Appellant is aggrieved with the response furnished by the PIO.
Order of the FAA:
“As per S. 8(i)(j) of the RTI Act, 2005personal information having no relationship with public activity or
interest or which would cause unwarranted privacy of the individual is exempted from the Operation of the
Act unless the PIO is satisfied that public interest justifies disclosure of such information…A perusal of the
information sought, appears to be a private affair between husband and wife and neither public interest is
involved nor anything has been shown by the Appellant as to what larger public interest would be served on
such disclosure. There is no substance in the appeal and the same is dismissed.”
Ground of the Second Appeal:
The Appellant is aggrieved with the order of the FAA.
Relevant Facts emerging during Hearing:
The following were present
Appellant: Mr. J. K. Gakhar representing Mr. Peeyush Gakhar;
Respondent: Absent;
The Appellant states that he now only wants copy of certificate regarding the material status given
by Ms. Gomati Manocha at the time of joining as sought in query-(b). The Commission therefore now only
looks at the issue of whether this information would be covered by Section 8(1)(j) of the RTI Act.
Information about the material status of a public servant cannot be considered as information disclosure of
which would be considered as unwarranted invasion on the privacy of an individual. All information
provided by public servants is information which is provided in the course of public activity to satisfy a
statutory requirement. In view of this the Commission rules that the information sought by the Appellant in
query-(b) is not covered by Section 8(1)(j) of the RTI Act.
Decision:
The Appeal is allowed.
The PIO is directed to provide the information on query-(b) as per available records to
the Appellant before 10 February 2011.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi
Information Commissioner
17 January 2011
(In any correspondence on this decision, mention the complete decision number.) (SC)