RTI Corner

Information regarding officers against whom Show Cause notice had been issued by the TDS Officer under Section 201 (1)/ 201 (IA) of the Income Tax Act, 1961 on account of short deduction of TDS from payment made on account of Professional Charges and issues related thereto. The CIC noted that the appellant was not present to contest the submissions of the Respondent or to establish the larger public interest in disclosure. The denial of information was upheld.
Comments
For seeking personal information regarding any employee of the public authority the applicant must disclose a “larger public interest”. Unless the PIO or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of any such information that invades the privacy of an individual is not permissible.
Citation: Mr. Bipin Kumar v. Office of the Income Tax Officer Srinagar in Appeal No.:-CIC/DITIN/A/2017/178317-BJ, Date of Decision: 15.01.2018
Dr. Anuradha Verma (dranuradhaverma@yahoo.co.in) is the co-author of the books: RIGHT TO INFORMATION – LAW AND PRACTICand PIO’s guide to RTI. Her other articles can be read at the website of RTI Foundation of India at - http://www.rtifoundationofindia.com/

The Appellant sought certified true copies of documents provided by respondent to the Internal Complaint Committee (ICC) for defending the case of sexual harassment and other related documents. The information was denied claiming that it pertained to the ICC enquiry proceedings and as per Section 16 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act of 2013, ICC Act, 2013 it is prohibited from publication. The CIC held that the information relating to the proceedings & findings of ICC while dealing with any incidence of sexual harassment, must be voluntarily made available to the victim. The Section 16 (ibid) does not eclipse the right of a complainant / victim of sexual harassment to access the same under RTI Act. The Section 16 (ibid) merely eclipses the right to know of the public at large, press and media only. Thus, a complainant/victim of an incident of sexual harassment can access information through the RTI Act, 2005.
Comments
It is a settled principle of interpretation of statutes that the provisions of any enactment are to be interpreted in a manner which furthers the cause or purpose behind its enactment. Section 16 is enacted as a safeguard measure to check further aggravation of traumatic and stigmatic experience of a victim of sexual harassment against by unwarranted disclosure of her identity.
Citation: Reshma M G v. All India Radio in File No.: CIC/AIRCL/A/2017/101742/SD, Date of Decision: 04/01/2018
Dr. Anuradha Verma (dranuradhaverma@yahoo.co.in) is the co-author of the books: RIGHT TO INFORMATION – LAW AND PRACTICand PIO’s guide to RTI. Her other articles can be read at the website of RTI Foundation of India at - http://www.rtifoundationofindia.com/

The appellant sought for the copy of the entire file relating to a particular matter including the note sheets. The respondent submitted that the information has been provided to the appellant after severing the identity of the officer. After hearing the matter, the CIC held that there are no grounds to interfere with the order of the FAA.
Comments
The Delhi High Court in the case of UPSC v. Shatmanyu Sharma in W.P. (C) 4079 of 2013 vide decision dated 10.10.2013 had observed that the apprehension of the petitioner that if the identity of the author of the file notings is revealed by his name, designation or in any other manner, there is a possibility of such employee being targeted, harassed and even intimidated by the persons against whom an adverse noting is recorded by him on the file of UPSC, is fully justified.
Citation: Ms. Mita Pattnaik v. National Hydroelectric Power Corporation in Decision No. CIC/YA/A/2016/001701 Dated 06.07.2017
Dr. Anuradha Verma (dranuradhaverma@yahoo.co.in) is the co-author of the books: RIGHT TO INFORMATION – LAW AND PRACTICand PIO’s guide to RTI. Her other articles can be read at the website of RTI Foundation of India at - http://www.rtifoundationofindia.com/

An application was filed seeking copies of educational qualification certificates, caste certificate submitted by Shri Awadhesh Kumar at the time of appointment in the school. The CIC observed that the PIO had provided copies of caste certificate & educational qualification pertaining to third party to the appellant. The copies of certificates of educational qualification or caste is third party information and should not be provided before resorting to Section 11 of the RTI Act. The CIC directed the PIO to be cautious in future in dealing with the RTI matters and advised to strictly adhere to the provisions of the RTI Act, 2005.
Comments
With a large number of Public Information Officers of state and centre being untrained, the likelihood of disclosing personal information inadvertently is fairly high. There is little which a person can do in such cases except to claim damages.
Citation: Shri Shiv Govind v. Jawahar Navodaya Vidyalaya in Case No. CIC/RM/A/2014/003876/MP, Date of Decision: 19th July, 2017
Dr. Anuradha Verma (dranuradhaverma@yahoo.co.in) is the co-author of the books: RIGHT TO INFORMATION – LAW AND PRACTICE and PIO’s guide to RTI. Her other articles can be read at the website of RTI Foundation of India at - http://www.rtifoundationofindia.com/