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ganpat1956

CIC allows estranged woman details about husband`s salary

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ganpat1956

New Delhi, July 17: A woman, who is in a legal wrangle for maintenance, has been allowed by the Central Information Commission (CIC) details about salary of her husband, working for a public sector power company.

 

Ritu Sharma, in an RTI application, had sought the salary certificate of Daya Sharma, her husband and a senior employee with power generation major NTPC, alleging that he had misled a family court hearing her maintenance petition.

 

In response to the application, NTPC's chief Public Information Officer had denied the information stating that the disclosure, related to personal information of a third party, would cause "unwarranted incursion of the privacy".

 

Terming the denial of information as "untenable", the CIC directed the CPIO to provide the details within 15 days to the applicant, a resident of Raipur in Chattisgarh.

 

"All the public authorities are under the obligation under the Right to Information Act to disclose salaries of their employees," Information Commissioner M M Ansari said, while allowing Ritu's application.

 

The Commission held that the monthly remuneration received by each of its (public authority) officers and employees, including the system of compensation as provided in its regulations should be published.

 

Zee News - CIC allows estranged woman details about husband`s salary=

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chanda_s

under section 4(i)(b)(x) of RTI act, it is obligatory to publish the monthly remuneration and the system of compensation of all the employees in a govt organisation. how can any one deny somebody an information which is already published citing reasons of unwarranted incursion of privacy?

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ganpat1956
under section 4(i)(b)(x) of RTI act, it is obligatory to publish the monthly remuneration and the system of compensation of all the employees in a govt organisation. how can any one deny somebody an information which is already published citing reasons of unwarranted incursion of privacy?

 

That is precisely the question to be answered by the learned CPIO & AA of NTPC. Citing the above section of the RTI Act, the IC Prof Ansari has held that the denial of information u/s 8(1)(j) of the Act is untenable. The complete decision is available in the following link:

Decision No. 1016/IC(A)/2007 dated 11/07/2007 on Appeal from Mrs. Ritu Sharma Vs NTPC Limited

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Atul Patankar

But this is about Public sector Employees. What about those in private sector, who are not public authorities?

 

In one off case, income tax details of an accused in 'money lundering' case were provided under RTI, (Was it not Bharat Shah, the film producer and diamond

merchant) but I do not think the income tax department will ever make this info available for asking.

 

Personally I believe an income tax return is a private document, and bringing it under RTI is an unnecessary invasion of privacy. However, alimoney claims should be made an exception.

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bharati8000

The right to information is provided to citizens . as citizen we do not have the right to someone's salary . however as citizen we do have the right to know how much remunaration government paid to its employees.

 

The right to know spouse salary is not right by virtue of citizenship but by virtue of marriage and for this the family courts can and do order private entities to provide information

 

If it is wife demanding information the courts give direction super quickly

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MOHANDAS

This is the power of RTI Act 2005 and its provisions. The CPIO of NTPC should have been fined by the Hon'ble I.C while directing the CPIO to furnish the information for denial of such information at the first instance.

 

The CPIO of NTPC being a colleage of the husband of the aggrieved woman, might have shown some leniency in parting with the information and adopted a dilly-dallying method as such she should not get the desired information of her husband's salary particulars at the first instance. Thank GOD at least by the interfereance of the Hon'ble I.C, at last she has been furnished by the information.

 

Mohandas.

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