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Sajib Nandi

New Delhi: Wife has right to know husband's salary: Central Information Commission

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Sajib Nandi

Reported by Economictimes.indiatimes.com on 19 Jan, 2014

Wife has right to know husband's salary: Central Information Commission - The Economic Times

 

NEW DELHI: Wives of government servants have a "right" to know salary particulars of their husbands and these details should also be made public by their offices as mandated under suo-moto disclosure clause of the RTI Act, the Central Information Commission has held.

 

Information Commissioner M Sridhar Acharyulu said every spouse has a right to information about the salary particulars of the other especially for the purpose of maintenance.

 

"More so, wife has a right to know the salary particulars of the husband, who is an employee of the public authority," he said.

 

The commissioner further said that the details about a government employee's salary is no third party information and these have to be voluntarily disclosed under Section 4(1)(b)(x) of the RTI Act.

 

He said the salary paid to the public authority is sourced from the tax paid by the people in general and it has to be disclosed mandatorily under the RTI section.

 

"The information about the salary of employee or an officer of the same public authority cannot be considered as a third party information... Public authorities cannot reject such RTI applications about salary under the pretext of the third party information," he held.

 

Acharyulu warned the Home Department of Delhi government that such denial of information will be wrongful and could incur penalty. The warning was in context of an application filed by Jyoti Seherawat seeking salary slip of her husband who is employed at the Home (General) department.

 

The information was denied as her husband gave in written to the department that such an information should not be provided to anyone.

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akhilesh yadav

Reported by Ashutosh Shukla in dnaindia.com on Jan 20, 2014

Public authority staff cannot call themselves 3rd party: Central Information Commission - Mumbai - DNA

 

Public authority staff cannot call themselves 3rd party: Central Information Commission

 

Says can't deny information unless specifically exempted under the RTI Act.

The Central Information Commission (CIC) has stated that an employee of any public authority cannot call himself/herself a “third party” when an information about him/her is sought.

It has also stated that the public authority cannot deny information on government servants unless specifically exempted under the Right To Information (RTI) Act.

On January 7, central information commissioner M Sridhar Acharyulu passed the order while hearing a petition of one Jyoti Sherawat, who had sought the salary slip of her husband as well as details of his travel allowance, dearness allowance and HRA benefits.

She had filed the application in June 2012. The public information officer (PIO) of the home department had refused to give the details, saying her husband had denied it.

Her husband had invoked “third party” rights through which a person can inform the PIO not to provide the information.

“Under the RTI Act, the public authorities have the obligation to disclose the monthly emoluments paid to their employees. U/s 4(1)(b)(x) of the Act, ‘the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations’, should be published,” the order stated

Pulling up the officers, the CIC remarked that the PIOs and FAAs are disposing of the petitions in a routine manner like general office file.

He added that it displayed lack of understanding and training on the issues pertaining to access law and various judgments rendered on the subject among the designated officers of public authorities.

Negating the “third party” clause further, the central information commissioner said the employee of the public authority is part of that public authority and hence he is not the third party.

“There is no need to obtain the consent of the particular employee for disclosure of that information as provided under the RTI Act, unless it falls under any exception. It may be recalled that even in case of third party information, if the commission considers the public interest demands, such information can be given in spite of refusal by the third party,” the order stated.

“Every spouse has a right to information about the particulars of salary of other spouse, especially for the purpose of maintenance. More so, the wife has a right to know the salary particulars of the husband, who is an employee of the public authority,” the order stated.

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nagalaxmi01

Sir

 

wife sought salary particulars of his husband pertaining to last 05 years. Current months salary particulars are already available in our official website. can we furnish the information pertaining to last 05 years??

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karira
Sir

 

wife sought salary particulars of his husband pertaining to last 05 years. Current months salary particulars are already available in our official website. can we furnish the information pertaining to last 05 years??

 

Yes, monthly remuneration and system of compensation have to be disclosed even for the previous years - not only to the wife but to anyone requesting for such information.

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