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Case Law

Duration and type of leave availed a government servant to be disclosed

29 Dec, 2011

Background

The Appellant sought some details including the reasons of leave availed by a particular Metropolitan Magistrate from 1 October 2009 onwards. The PIO had denied information by citing Section 8 (1) (j) of the Right to Information (RTI) Act. The First Appellate Authority endorsed the decision of the PIO.

View of CIC

The Commission took the view that the appellant is entitled to know about the exact periods of leave availed of by this particular Metropolitan Magistrate during the period from 1 October 2009 and up to the date of the RTI application as well as the type of leave availed of. The Commission directed the PIO to provide this information to the appellant.

Comments

The duration and the type of leave is not personal information while the reason for availing the leave can be rightfully claimed as personal.

Citation: Shri M K Tyagi v. Delhi High Court in File No.CIC/WB/A/2010/000507SM

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