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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 [2020/08/19 14:52] – Shrawanimportant-decisions:court:girish-ramchandra-deshpande [2023/04/15 11:56] (current) – Shrawan
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 ====== 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 ====== ====== 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 ======
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 **Girish Ramchandra Deshpande Versus Central Information Commission** **Girish Ramchandra Deshpande Versus Central Information Commission**
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 **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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 The observations of the Court: “12. The petitioner herein sought for copies of all memos, show cause notices and censure/punishment awarded to the third respondent from his employer and also details viz. movable and immovable properties and also the details of his investments, lending and borrowing from Banks and other financial institutions. Further, he has also sought for the details of gifts stated to have accepted by the third respondent, his family members and friends and relatives at the marriage of his son. The information mostly sought for finds a place in the income tax returns of the third respondent. The question that has come up for consideration is whether the above-mentioned information sought for qualifies to be “personal information” as defined in clause (j) of Section 8(1) of the RTI Act.  The observations of the Court: “12. The petitioner herein sought for copies of all memos, show cause notices and censure/punishment awarded to the third respondent from his employer and also details viz. movable and immovable properties and also the details of his investments, lending and borrowing from Banks and other financial institutions. Further, he has also sought for the details of gifts stated to have accepted by the third respondent, his family members and friends and relatives at the marriage of his son. The information mostly sought for finds a place in the income tax returns of the third respondent. The question that has come up for consideration is whether the above-mentioned information sought for qualifies to be “personal information” as defined in clause (j) of Section 8(1) of the RTI Act. 
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 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.”  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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 The Court held that: The Apex Court has held that copies of 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 as defined in clause (j) of Section 8(1) of the RTI Act and hence exempted.  The Court held that: The Apex Court has held that copies of 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 as defined in clause (j) of Section 8(1) of the RTI Act and hence exempted. 
important-decisions/court/girish-ramchandra-deshpande.txt · Last modified: 2023/04/15 11:56 by Shrawan