Jump to content

Personal information of govt employee can be disclosed if SPO and APO is satisfied that larger public inte


bpagrawal

Recommended Posts

Personal information of govt employee can be disclosed if State Public Information Officer or appellate authority is satisfied that larger public interest justifies disclosure of such information,

We are in agreement with the CIC and the courts below that the details called for by the petitioner i.e. copies of all memos issued to the third respondent, show-cause notices and orders of censure/punishment, etc. are qualified to be personal information as defined in clause (j) of Section 8(1) of the RTI Act. The performance of an employee/officer in an organisation 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.

 

 

Supreme Court of India

R.K.Jain vs Union Of India & Anr on 16 April, 2013

Law Web: Personal information of govt employee can be disclosed if State Public Information Officer or appellate authority is satisfied that larger public interest justifies disclosure of such information,

Link to post
Share on other sites
Prasad GLN

What does this mean indirectly ? Can Information be purchased also as it is at the discretion of PIO and larger public interest is clause that can be interpreted in any way one likes ?

(In above case, one can even argue that such employees loses his credibility, and the relation between employer and employee is not confined only within organisation but also his role in serving public as efficient, honest and sincere manner with such a background of charges leveled by his own employer)

Link to post
Share on other sites

In my view, the problem is, it is left at the discretion of the PIO and Appellate Authorities, who work mostly in tandem with each other to cover up big corruption. Instead of leaving it at their discretion, if it had been made mandatory to disclose information when larger public interest, such as disclosure of corruption (of which prima facie evidence is forthcoming), is served, it would have been more in tandem with the spirit of the Act and would have curbed suppression of information by PIO's in connivance with appellate authorities.

 

I hope some PIL in the future will get this problem rectified

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Tell a friend

    Love RTI INDIA- Online RTI? Tell a friend!
  • Members

    No members to show

  • Forum Statistics

    • Total Topics
      119,610
    • Total Posts
      427,658
  • Recently Browsing

    No registered users viewing this page.

×
×
  • Create New...

Important Information

By using this site, you agree to our Terms of Use & Privacy Policy