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residency337

leave details

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residency337

Hello,

in case I want to know the leave details of an employee of a bank is it third party information? kindly support with CIC decision.

larger public interest is involved since she has been given retrospective seniority others have not

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D.T.RATHAVA

dear member welcom to portal

Applicant can obtain Leave records of employees of the public authority though RTI

Mr.Amit Bhandari vs Indian Overseas Bank on 9 March, 2012

Decision No CIC/SG/A/2012/000188/17600

Appeal No.CIC/SG/A/2012/000188

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Prasad GLN

While seeking such information focus on main issue as to whether such sanctioned leave has to be considered as 'In service" for counting service period and copy of such stipulations. Invariably enclose a copy of given CIC decision, and if you are an employee, let the application be filed through some one close to you in his/her name, in your own interest.

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MANOJ B. PATEL

Sir, is there any category of leave which deducts in counting service period? Please provide.

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RAVEENA_O

The public activity entrusted with the Bank is the Banking activities. Leave details of an officer / employee of the bank is therefore personal information as defined by Apex Court in the case of Girish Deshpande.

 

The question whether the Central Information Commissioner acting under the Right to Information Act, 2005 was right in denying information regarding the personal matters pertaining to service career on the ground that the information sought for was qualified to be “personal information” as defined in clause (j) of Section 8(1) of the RTI Act, came up before the Hon'ble Supreme Court of India in the case of Girish Deshpande Vs CIC. In that case, CIC had held that the information which has been denied to the appellant essentially falls in two parts – (i) relating to the personal matters pertaining to service career; and (ii) Shri Lute’s assets and liabilities, movable and immovable properties and other financial aspects and further held that this information qualifies to be the ‘personal information’ as defined in clause (j) of Section 8(1) of the RTI Act and the appellant has not been able to convince the Commission that disclosure thereof is in larger public interest.

 

Said decision of CIC was challenged before the Hon'ble Supreme Court of India. Hon'ble Supreme Court, while dismissing the said petition vide order dt: 03/10/2012 had held that the performance of an employee/officer in an organization is primarily a matter between the employee and the employer and normally those aspects are governed by the service rules which fall under the expression “personal information”, the disclosure of which has no relationship to any public activity or public interest. On the other hand, the disclosure of which would cause unwarranted invasion of privacy of that individual. Of course, in a given case, if the Central Public Information Officer or the State Public Information Officer or the Appellate Authority is satisfied that the larger public interest justifies the disclosure of such information, appropriate orders could be passed, but the petitioner cannot claim those details as a matter of right. It was further held by the Hon'ble Supreme Court that the petitioner in the referred case has not made a bona fide public interest in seeking information, the disclosure of such information would cause unwarranted invasion of privacy of the individual under Section 8(1)(j) of the RTI Act.

 

It is pertinent to note that the Learned counsel for Petitioner made submissions before the Hon'ble Supreme Court that the privacy appended to Section 8(1)(j) of the RTI Act widens the scope of documents warranting disclosure and if those provisions are properly interpreted, it could not be said that documents pertaining to employment of a person holding the post of enforcement officer could be treated as documents having no relationship to any public activity or interest. It is under these contentions and prayer that the Hon'ble Supreme Court interpreted the scope of the term 'Personal Information' in above judgement.

 

The interpretation made by the Apex Court is binding. If the RTI Applicant has not brought out any larger public interest in seeking disclosure of such personal information, the PIO shall not be required to supply the information, since exempted under Section-8(1)(j) being personal information and it has no relationship to any public activity or interest. Even when the Applicant show some public interest in seeking the information, it is for the Public Information Officer to satisfy himself whether larger public interest justify to supply the information or otherwise.

 

Granting proforma fixation is well within framework of rules. When a minimum retention period is prescribed and if an employee did not fulfil that minimum retention period due to absence, his/her case is considered subsequently on completion of such period and proforma fixation and seniority is granted. Merely because an employee was absent for a certain period, which was regularised by any type of leave including extra ordinary leave, cannot be a ground to deny fixation of proforma seniority. A junior employee who was promoted earlier to senior employee in such circumstances cannot claim seniority. There is no public interest, much less larger public interest involved in such cases.

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