On one hand you can obtain the details of dates and nature of leave taken by the Government servants during his tenure but copy of the leave application and sanction memos would affect the privacy of the concerned individual and therefore exempt under clause Section 8 (1) (j) of the RTI Act. Do read our wiki article about ‘What is Privacy under RTI‘. You can also join us on our Right to Privacy Portal here http://www.rtpindia.org.
Central Information commission recorded in the case where RTI applicant sought information on three points regarding the leave record, leave applications and leave sanction memos in respect of a Branch Manager of the bank. In this context, CIC noted that “records such as leave applications and sanction memos could contain information regarding the concerned Branch Manager, which is of a personal nature. Information regarding the dates and nature of leave has already been provided to the Appellant.” Read more ›
In yet another case Central Information Commission has allowed inspection of documents pertaining to third party citing larger public interest even though third party has said that his file should not be shown to anyone. The RTI applicant argued that the matter was a matter of interest to the public because the railways had indulged in selective decision making and discrimination. The appellant said that the railways had decided differently in the matter of one person, hence the issue was of interest to those who had not been given the same treatment. CIC found the argument of the appellant tenable and allowed inspection of the documents. (If you have any questions relating to third party clause, please go to our forum here and post your query, our experts shall reply to you).
The learning for PIO is that if the third party objects to giving the information, the Public Information Officer must take his objections and see if any of the exemption clauses of Section 8 (1) apply. Even, if any of the exemption clauses apply, the PIO is then obliged to see if there is a larger Public interest in disclosure. If none of the exemption clauses apply, information has to be given. Read more ›
Obtaining information from Unaided Recognised schools is possible by applicability of section 2 (f) of RTI Act by which information relating to any private body which can be accessed by a public authority has to be provided. Thus when an RTI applicant wanted to know the action taken against the S.M. Arya Public School for making commercial use of the school premises, Central Information Commission allowed it by directing Directorate of Education to use its regulatory powers under Rules, 50, 179(2), 180 and 183 of the DSER&A 1973. (You can read many related discussions on Schools and RTI at our forum, and if you have any query, you can ask from our experts here!) Read more ›