Empoloyees Personal Information Can't be disclosed under RTI - unless the applicant accepts

Empoloyees Personal Information Can't be disclosed under RTI - unless the applicant accepts. RTI Commissioner has clarified that if under RTI Act (Right to Information Act) if Petitioner seeking copies of memos., show-cause notices and censure/punishment awarded to government officer from his employer, details of movable and immovable properties, his investments, loans and borrowings from banks and other financial institutions and gifts stated to have been accepted by him, his family members and relatives or friends at his son’s marriage – Information sought for , mostly found place in income tax returns which constitute personal information and as such shall not be furnished unless the applicant shows over riding public Interest in disclosure of such information.. Any Personal Information mentioned above can't be disclosed or given to the petitioner under RTI. Details are given below.

Empoloyees Personal Information Can't be disclosed under RTI, - unless the applicant accepts

A.P. Information Commission
(Under Right to Information Act, 2005)
Samachara Hakku Bhavan (Old ACB Office),
Mozam Jahi, Market, Hyderabad – 1.
Phone: 2474 0240 (O), 2474 0592 (F)
Appeal No:24440/SIC-MR/2015
Order dated: 09-01-2016

Appellant : Sri D. Immanuel, District Co-Convener, Loksatta Udyama Samstha, Near Old Chirala Gate, Jandrapeta (Post),Chirala (Mandal), Prakasam District-523165.
Respondents
1) The District Registrar/The Public Information Officer (U/RTI Act, 2005), Registration & Stamps, Guntur,Guntur District-522001.
2) The Deputy Inspector General/ The First Appellate Authority (U/RTI Act, 2005), Registration & Stamps,Guntur District - 522001.

ORDER

Sri D. Immanuel, District Co-Convener, Loksatta Udyama Samstha, Near Old Chirala Gate, Jandrapeta (Post), Chirala (Mandal), Prakasam District has filed a second appeal dated 1-8-2015 received by A.P. Information Commission on 05-08-2015 for not getting information sought by him from the Public Information Officer/ District Registrar / Registration & Stamps, Guntur, Guntur District as well the First Appellate Authority / Deputy Inspector General/ Registration & Stamps, Guntur District.apteachers.in

The brief facts of the RTI petition and other records received along with it are that the appellant herein filed a RTI application dated 05-05-2015 before the Public Information Officer seeking the following information:

To furnish particulars of complaints against Registrars, Sub-Registrars, Temporary(i/c) Registrars and five more points.

Since the appellant did not receive information from the Public Information Officer, he filed a first appeal dated 16-06-2015 before the First Appellate Authority requesting him to furnish the information sought.

As the appellant did not get a response from the First Appellate Authority, he preferred a second appeal before this Commission requesting to arrange to furnish the information sought by him.

After examining the material papers available on record, the appeal was taken on file and notices were sent to the parties concerned directing them to appear before this Commission for hearing on 07-12-2015 at Hyderabad.

The case is called on 07-12-2015. The appellant Sri D. Imaniayelu is absent. Sri K. Srinivasa Rao, District Registrar/Public Information Officer, O/o. the District Registrar, Registration and Stamps , Guntur is present. Sri B. Suryanarayana, Dy. Inspector General, Registration and Stamps, Guntur is present.

Heard the Public Information Officer and perused the records.
The material papers on record go to show that the appellant filed herein 6(1) application under RTI Act., 2005, dated: 05.05.2015 before the District Registrar, Regn. & Stamps, Guntur requesting him to furnish particulars of complaints against Registrars, Sub-Registrars, Temporary(i/c) Registrars and five more points. The record also goes to show that the Public Information Officer did not furnish complete information and so the applicant preferred first appeal before the First Appellate Authority/Dy. Inspector General, Regn. & Stamps, Guntur on 16.06.2015. The record further discloses as the applicant did not receive complete information the filed second appeal before this Commission.

The Public Information Officer submitted that vide letter G1/1420/2015, dated: 26.05.2015 information for item No. 2 and 6 were furnished to the applicant. He also submitted that the First Appellate Authority vide its order No. A1/515/RTI/2015, dated: 21.07.2015 confirmed the order of the Public Information Officer. He further submitted that the above information was furnished with delay as the 6(1) application was misplaced.

It may be noticed in the 6(1) application the applicant is seeking of all complaints , allegations, charge memos, name of the complainant with address, action taken, name of the enquiry officer against all registration officials of Guntur District of Registration Department between 01.01.2010 and 30.04.2015. Thus the applicant seeking personal information of all the officials and copies of movable and immovable properties .
In the above context it would be relevant to referred to the decision of the Hon’ble Supreme Court in Girish Ramchandra Deshpande v. Central Information Commr., (2013) 1 SCC 212 wherein the Hon’ble Supreme Court while dealing with exemption from disclosure under Sec. 8(1)(j) of RTI Act., 2005 held that the Petitioner seeking copies of memos., show-cause notices and censure/punishment

awarded to government officer from his employer, details of movable and immovable properties, his investments, loans and borrowings from banks and other financial institutions and gifts stated to have been accepted by him, his family members and relatives or friends at his son’s marriage – Information sought for , mostly found place in income tax returns which constitute personal information and as such shall not be furnished unless the applicant shows over riding public Interest in disclosure of such information.

In the instant case, the appellant in his 6(1) application has not disclosed as to what public interest is involved in seeking information for item No. 1 in this case. Further, the information sought being personal in nature need not be furnished for item No. 1.

Remaining information if any, held by the Public Information Officer may be furnished within 30 days from the date of receipt of this order.
With the above direction, the appeal is closed.

M. RATAN
STATE INFORMATION COMMISSIONER

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