Sunday, February 6, 2011

Service book of govt servant not personal: CIC

Service book of govt servant not personal: CIC

6 FEB, 2011, 10.26AM IST,PTI 

NEW DELHI: In a major decision that could spark privacy versus transparency debate, the Central Information Commission (CIC) has said the service details of a public servant are not confidential and can be provided to an RTI applicant. 

The country's top watchdog had earlier taken out property details and income tax returns of public servants from the ambit of confidentiality which has been challenged in the Delhi High Court. 

The CIC's decision came while hearing the plea of an RTI applicant who had sought from the Railways the service book details of the Chief Law Assistant. The applicant also sought to know if the post of Chief Law Assistant at the Chittaranjan Loco works was a tenure post. 

The application was rejected by the Public Information Officer saying the information contained in the service book of a public servant is personal and exempted from disclosure under the section 8 (1) (j) of the RTI Act. 

"The Commission holds that service details of public servants available in service books cannot be treated as personal information," Information Commissioner Annapurna Dixit held. 

She, however, ordered the disclosure of the service book after severing records which may be personal and exempted from disclosure under the provisions of the RTI Act. 

The section cited by the Public Information Officer exempts information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of privacy of the individual. 

However, if Central Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information then it can be provided.

Courtesy_

Read FULL Decision at:



Mr.Anant Kumar vs Ministry Of Railways 
on 3 February, 2011



Central Information Commission




In the Central Information Commission at New Delhi

File No: CIC/AD/A/2011/000014

Date of Hearing : February 3, 2011 

Date of Decision : February 3, 2011 

Heard through Video Conferencing 

Parties:

Applicant: Shri Anant Kumar, S/o Shri Alakh Deo Singh, Shanti Nagar, Mihijam PO & PS Mihijam, Jamtara 815354.

Applicant was not present.

Respondent(s): Chittaranjan Locomotive Works, Chittaranjan, Distt . Burdwan 713331. (West Bengal)

Represented by : Shri A.P. Dey, Dy.CPO(W) & CPIO Shri A.K.Sinha, RTI Law Assistant Shri A Chakravorthy, Welfare Inspector RTI. Information Commissioner : Mrs. Annapurna Dixit 

Decision Notice

The Commission holds that service details of Public servants available in the service book cannot be treated as personal information. Therefore a copy of the service book may be provided to the Appellant after severing , if required, under section 10(1) of the RTI Act any information that may be considered as personal and is exempt from disclosure under Section 8 (1) (j) of the RTI Act. This information may be provided by 10.3.2011. As for information against point 2 it was noted that the information has already been provided to the Appellant
In the Central Information Commission at New Delhi.

File No: CIC/AD/A/2010/000014

ORDER

Background

1. The RTI Application dated 19.5.2010 was filed by the Applicant with the PIO, CLW/Chittaranjan, Burdwan requesting for the photocopy of the entire Service Book of Chief Law Assistant and also wanting to know whether the post of Chief Law Assistant (CLA) is a tenure post. He also sought the rules and policies with respect to appointment, transfer, posting and promotion of this post. The CPIO replied on 17.6.2010 stating that the service book details is third party information and provided the information against point 2. Not satisfied with this reply the Applicant filed his first appeal on 2.7.2010. The Appellate Authority replied on 26.7.2010 upholding the decision of the CPIO. Being aggrieved with this reply, the Applicant filed second appeal before the Commission on 6.10.2010 seeking the missing information once again. Decision

2. The Commission holds that service details of Public servants available in the service book cannot be treated as personal information. Therefore a copy of the service book may be provided to the Appellant after severing , if required under section 10(1) of the RTI Act any information that may be considered as personal and is exempt from disclosure under Section 8 (1) (j) of the RTI Act. This information may be provided by 10.3.2011. As for information against point 2 it was noted that the same has already been provided to the Appellant.

3. The complaint is accordingly disposed of. (Annapurna Dixit)

Information Commissioner

Authenticated true copy

(G.Subramanian)
Deputy Registrar

Cc:

1. Shri Anant Kumar, S/o Shri Alakh Deo Singh, Shanti Nagar, Mihijam PO & PS Mihijam, Jamtara 815354.

2. The Public Information Officer Chittaranjan Locomotive Works, Chittaranjan Distt . Burdwan 713331. (West Bengal)

3. The Appellate Authority Chittaranjan Locomotive Works, Chittaranjan Distt . Burdwan 713331. (West Bengal)

4. Officer Incharge, NIC.

Courtesy_


1 comment:

  1. Sir,
    While reffering a book I noticed that it is not necessary to give the details in service book as per the Court Order CC 531 OF 2006

    ReplyDelete

Related Posts Plugin for WordPress, Blogger...

முதன்மை நாட்கள்

Search our Blog

Google
 

Subscribe this Blog to your E-mail


Disclaimer

This Blog Spot is meant for publishing reports about the usage of RTI Act (Right to Information Act, 2005) so as to create an awareness to the general public and also to keep it as a ready reckoner by them. So the readers may extend their gratitude towards the Author as we quoted at the bottom of each Post under the title "Courtesy".Furthermore, the Blog Authors are no way responsible for the correctness of the materials published herein and the readers may verify the concerned valuable sources.

Dinamani - RTI News