Central Information Commission
CIC/AD/A/2010/000082
Dated March 16, 2010
Name of the Applicant : Shri Pradeep M.Sonthalia
Name of the Public Authority : Central Railway, Mumbai
Background
1. The Applicant filed an RTI application dt.10.11.08 with the PIO, Central Railway
Mumbai requesting for the attested photocopies of complete and detailed service
records of Shri N.L.Korda, ACM, Central Railway, CST Mumbai and the detailed annual
declaration of assets filed by Shri N.L.Korda. Shri Kamal Jain, PIO and Sr.DCM
transferred the RTI application to PIO and Sr.DPO on 25.11.08 with a request to
furnish the information directly to the Applicant. Shri J.R.Kushwaha, APIO replied on
8.1.09 denying the information u/s 8(1)(j) of the RTI Act. Not satisfied with the reply,
the Applicant filed an appeal dt.13.2.09 with the Appellate Authority reiterating his
request for the information. Shri Ved Prakash, Appellate Authority replied on 31.3.09
stating that information cannot be provided since Shri N.l.Korda has declined to give
his consent under Section 11(1) of the RTI Act.. Being aggrieved with the reply, the
Applicant filed a second appeal dt.20.5.09 before CIC reiterating his request for the
information.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing
on March 16, 2010 through video conferencing.
3. Shri P.K.Panigrahi, APIO, Shri Kushwaha, APO and Shri N.L.Korda, APIO representing
the Public Authority were present at NIC Studio, Mumbai while the Applicant was not
present. The third party Shri Korda was also present at the studio.
Decision
4. The Commission received a rejoinder dt.15.3.10 from Shri Rakesh Kumar, PIO stating
that Shri N.L.Korda (Shri Korda was present during the hearing) had objected to
furnishing of the information about him, as it does not involve any public interest and
also since the disclosure may cause unwarranted invasion of the privacy of the third
party and therefore, the information was denied u/s 8(1)(j) of the RTI Act. He further
submitted that though Shri Korda is a public servant, he has a right to some privacy
and the disclosure of information, while it may be beneficial for others, may result in
Shri Korda being subjected to undue mental harassment by the public without any
reason . This may affect his image in the public as also his efficiency while performing
his duties.
5. On careful consideration of the reasons given by the PIO for non disclosure of
information as also the submission of the third party (under Section 11(1) wherein the
third party has simply refused disclosure of information without giving valid reasons
while taking recourse to Section 8(1) of the RTI Act) the Commission holds that the
same are not tenable and directs that information may be provided to the Appellant
by 20 April, 2010 after invoking Section 10(1) of the RTI Act, if required, to sever
information which is personal under Section 8(1)(j), such as family details, names of
nominees etc.
6. The appeal is accordingly disposed of
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Pradeep M. sonthalia
#10, Swadhin Sadan
C Road
Marine Drive
Church Gate
Mumbai 400 020
2. The PIO
Central Railway
Divisional Railway Manager’s Office
Commercial Branch, CST
Mumbai 400 001
3. The Appellate Authority
Central Railway
Divisional Railway Manager’s Office
Commercial Branch, CST
Mumbai 400 001
4. Officer incharge, NIC
5. Press E Group, CIC