Disc proceedings against other cannot be revealed under RTI

[Shrawan]

Central Information Commission

Decision No. 287/IC(A)/2006

F. No. CIC/MA/A/2006/00417

Dated, the 20th September, 2006

• Name of the Appellant: Sh. A.J. Gedam, “Jagannathshree”, 13-A, Vanjarinagar, P.O. Ajni, Nagpur – 440 003.
  
• Name of the public Authority: State Bank of Hyderabad, Regional Office, Rachna Sansad, 1st floor, 278 S.G. Marg, Prabhadevi, Mumbai – 400 025.

DECISION

 

Facts of the case:

1. The appellant, an employee of the Bank, had sought information relating to the disciplinary proceedings initiated against another lady officer, and the complaint filed by her against the appellant.
   
2. The CPIO refused to furnish the information on the ground that information sought relate to another person, the disclosure of which is not in public interest. Hence, exempt u/s 8(1) (j) of the Act. The appellate
   authority upheld the decision of the CPIO.
   
3. Since there is no overriding public interest in disclosure of information sought, the denial of information by the CPIO u/s 8(1) (j) is justified.
   
4. The appeal is accordingly dismissed.

Sd/-

(Prof M. M. Ansari)

Information Commissioner

Download the decision from download segment.

 

[ashakantasharma]

RTI must be filed taking into account all the rules as per RTI Act. Unnecessary RTI Wastes time and money for both the parties...

[Prasad GLN]

I have my own reservations against this decision.  As a victim, every complainant has a right to know as to what happened to his complaint.  Disciplinary proceedings once again varies from case to case.  In a Bank, where trust is the key factor, larger public interest of public money is involved.  In case of moral turpitude and personal disorders can certainly hamper public satisfaction.

There is no hard and fast rule in such second appeals.  The deficiency is with appellant, who has not established larger public interest.   If properly presented, every issue involves some larger public interest.

[Prasad GLN]

Another interesting CIC decision by Hon IC Bhargava in Harinder Dhingra Vs. Oriental Bank of Commerce on officers involved in Vijaya mallaya scam...IC upheld the denial stating that it may endanger the life of such corrupt officials.