Copies of entries in appellants service book from January 1990 till the date of his retirement were denied u/s 8(1)(b) - CIC: it is applicable only where there is an express order from the court not to disclose information, which is not the case here
Relevant fact emerging from appeal:
RTI application filed on : 23.08.2011 PIO Replied on : 30.08.2011
First appeal filed on : 03.09.2011 First Appellate Authority order : No order
Second Appeal received on : 11.01.2012
The appellant filed an RTI application on 23/08/2011 and had sought copies of entries in his service book from January 1990 till the date of his retirement, i.e. 18.12.1998.
Relevant facts emerging during hearing:
Both the parties are present. The appellant had sought copies of entries in his service book from January 1990 till the date of his retirement, i.e. 18.12.1998. During the hearing, appellant stated that he was denied information by the CPIO and after filing first appeal, he did not get any reply. The respondent stated that the appellant was in Food Department earlier. In 1964, when FCI was formed he was given an Option Form which he did not fill. As a result, after his retirement, there were problems granting him his terminal benefits. The appellant went to the Labour Court and, in 1991 an agreement was arrived at after which terminal benefits were paid. The appellant took the matter to the High Court in 2007, since his service book is a part of exhibit in the High Court, it was denied to him. The respondent quoted CIC decision in Appeal No. 908/ICPB/2007 (F.No. PBA/07/211) that the information denied by the appellant in the instant case may be sought from the High Court. The FAA stated that the appellant was told that he should apply to the High Court directly to get his service book since the case is pending in the court.
After hearing both the parties and on perusal of documents, the Commission is of the view that if a matter is sub-judice, the same is not prohibited from disclosure as per law in Section 8(1)(b), which prohibits the disclosure of any information which has been banned from disclosure by a court of law. As this is applicable only in cases where there is an express order from the court that information sought should not be disclosed, which is not the position in the present case, therefore, such information should be supplied to the appellant. As for the case referred to by the respondent, the Commission observes that the facts and circumstances were different in that matter and thus, has no relevance to this case. In light of the above, the Commission directs the respondent to provide the copies of entries in his service book from January 1990 till the date of his retirement, i.e. 18.12.1998, within three weeks of receipt of this order, with intimation to the Commission. The appeal is disposed of accordingly.
Citation: Shri Kailash Chandra v. Food Corporation of India in F. No. CIC/SS/A/2012/000632-YA