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You are here: RTI Wiki » Important Decisions » Court Decisions on RTI » All memos, show cause notices and orders of censure/punishment, assets, income tax returns, details of gifts received etc. by a public servant are personal information
important-decisions:court:girish-ramchandra-deshpande

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important-decisions:court:girish-ramchandra-deshpande [2018/05/27 05:13] – created Shrawanimportant-decisions:court:girish-ramchandra-deshpande [2018/05/27 05:29] – Shrawan
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 ====== Girish Ramchandra Deshpande Versus Central Information Commission ====== ====== Girish Ramchandra Deshpande Versus Central Information Commission ======
 {{tag>SupremeCourt,Privacy,Public Servant}}{{like>}} {{tag>SupremeCourt,Privacy,Public Servant}}{{like>}}
 +{{ :important-decisions:court:sc-rti-girist-deshpande.jpg |}}
  
 **T**he issue before the Court: Whether the information pertaining to a Public Servant in respect of his service career and also the details of his assets and liabilities, movable and immovable properties, can be denied 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.  **T**he issue before the Court: Whether the information pertaining to a Public Servant in respect of his service career and also the details of his assets and liabilities, movable and immovable properties, can be denied 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. 
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 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 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 of 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. 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 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 of 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.
  
-The details disclosed by a person in his income tax returns are “personal information” which stand exempted from disclosure under clause (j) of Section 8(1) of the RTI Act, unless involves a larger public interest and 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.” +The details disclosed by a person in his income tax returns are “personal information” which stand exempted from disclosure under clause (j) of [[https://righttoinformation.wiki/act#section-8exemption-from-disclosure-of-information|Section 8(1)]] of the [[act:|RTI Act]], unless involves a larger public interest and 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.” 
  
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 Download the full Decision here {{ :important-decisions:court:scjudgment.pdf |Girish Ramchandra Deshpande Versus Central Information Commission}} Download the full Decision here {{ :important-decisions:court:scjudgment.pdf |Girish Ramchandra Deshpande Versus Central Information Commission}}
  
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important-decisions/court/girish-ramchandra-deshpande.txt · Last modified: 2023/04/15 11:56 by Shrawan