Central Information Commission
CIC/OK/A/09/000034-AD
Dated June 8, 2009
Name of the Applicant : Mr.Kamal Kishore Tatiwal
Name of the Public Authority : NWR, Jaipur
Background
1. The Applicant filed an RTI application dt.30.5.08 with the CPIO, NWR, Jaipur.
He requested for information against 3 points on complaints filed in his office
against him by his wife. The CPIO replied on 9.6.08 stating that the
information will only be provided after getting the consent of his wife. He
enclosed photocopies of two letters dated 28.9.07 and4.12.07 showing the
action taken as also the letter dated 27.3.08 indicating the punishment
imposed on him along with four pages of file notings. Not satisfied with the
reply, the Applicant filed an appeal dt.30.6.08 with the Appellate Authority
reiterating his request for the missing information. The Appellate Authority
replied on 28.7.08 denying the information under section 8(1)(j) since it is
third party information. Aggrieved with the reply, the Applicant filed a second
appeal dt.3.10.08 before the CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing for June 8, 2009.
3. Mr. S.L. Rathore, ADFM cum CPIO and Mr. L.R. Meena, Sr. DPO represented
the Public Authority.
4. The Applicant was not present during the hearing.
Decision
5. The Commission noted that all information except for the copies of written
complaints/statements by the Appellant’s wife has been provided to the
Appellant. The Respondent submitted that when under Section 11(1) the PIO
wrote to the Appellant’s wife inviting her submission regarding disclosure of
information to her husband, she denied disclosure under section 8(1)(g) vide
letter dated 1.12.2008 . Accordingly, with regard to the request for the
copies of complaints lodged by his wife against him as also the statements
made by her, the Commission denies disclosure of information under
section8(1)(g) of the RTI Act since disclosure of the same may endanger the
life and physical safety of the individual concerned.
6. The appeal is accordingly disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Asst. Registrar
Cc:
1. Mr.Nandkishor Gupta
S/o Late Mr.G.D.Khandelwal
H.No.1/756
Malviya Nagar
Jaipur 302 017
2. The CPIO
North Western Railway
Divisional Railway Manager’s Office
Jaipur Division
Jaipur
3. The Appellate Authority
North Western Railway
Divisional Railway Manager’s Office
Jaipur Division
Jaipur
4. Officer in charge, NIC
5. Press E Group, CIC