Complaints against officials

Complaint against alleged illegal postings of officials of VPT and alleged illegal activities of certain officials was denied under Section 8(1)(h) of RTI with the remark that the matter was under investigation before the Vigilance Department. On second appeal, the CIC held that the denial of information by the PIO with the applicability of Section 8(1)(h) of RTI Act was not appropriate rather he should have denied the information under Section 8(1)(j) of RTI Act..

Comments

The Hon’ble Supreme Court of India in the matter of CPIO, Supreme Court of India v. Subhash Chandra Agarwal (Civil Appeal No. 10044 of 2010 with Civil Appeal No. 10045 of 2010 and Civil Appeal No. 2683 of 2010) explained the term “personal information” under Section 8(1)(j) of RTI Act. Personal records, including name, address, physical, mental and psychological status, marks obtained, grades and answer sheets, are all treated as personal information. Similarly, professional records, including qualification, performance, evaluation reports, ACRs, disciplinary proceedings, etc. are all personal information. Medical records, treatment, choice of medicine, list of hospitals and doctors visited, findings recorded, including that of the family members, information relating to assets, liabilities, income tax returns, details of investments, lending and borrowing, etc. are personal information. Such personal information is entitled to protection from unwarranted invasion of privacy and conditional access is available when stipulation of larger public interest is satisfied..

Citation: R Deepak v. Ministry of Shipping in Files No.: CIC/DSHIP/A/2020/118056+ CIC/DSHIP/A/2020/118050+ CIC/DSHIP/A/2020/118058+ CIC/DSHIP/A/2020/118059+ CIC/DSHIP/A/2020/118060, Date of Decision: 23/12/2021

Dr. Anuradha Verma (dranuradhaverma@yahoo.co.in) is an expert on RTI matters and has co-authored the books RIGHT TO INFORMATION - LAW AND PRACTICE and PIO’s guide to RTI. Apart from her weekly article here, her other articles can be read at the website of RTI Foundation of India at the link: www.rtifoundationofindia.com