List of employees appointed by service book in horticulture was denied u/s 8(1)(j) - CIC: Information sought is voluminous in nature; Furnish the exact, precise and correct information about the appointment of the mother of the Appellant, with enclosures
13 Dec, 2023
O R D E R
FACTS
The Appellant vide his RTI application sought information, as under:-
Provide the list of employees who were appointed by service book in horticulture during the year 1980-2022.
The CPIO, Delhi Development Authority, vide letter dated 27.05.2022 denied the information under Section 8(1)(j) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. of the RTI Act, 2005. Dissatisfied with the reply received from the CPIO, the Appellant filed a First Appeal.
The FAA vide order dated 22.12.2022denied the information under Section 8(1)(j) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. of the RTI Act, 2005.
Thereafter, the Appellant filed a Second Appeal before the Commission.
HEARING:
Facts emerging during the hearing:
The following were present:
Appellant: Present in Person
Respondent: Absent
The Appellant while reiterating the contents of the RTI Application submitted that his mother Ms Shakuntala W/o Sh. Khem Chand, Record File No. F 10 (228/83 Horticulture -4) had worked in Horticulture Department DDA. He said that when queried by the department in a previous RTI Application, the department had given a vague reply that Ms Shakuntala was appointed through Service book as well as through appointment letter. He claimed that appointment cannot be done through both ways and hence to get the clarity they had filed the current RTI Application seeking list of employees who were appointed by service book in horticulture during the years 1980-2022.
But he said the information has been wrongly denied citing section 8(1)(j) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. of the RTI Act 2005. He said that he is seeking the information on behalf of his mother to get her complete rights. He added that the Respondent authority had never called them for the First Appeal hearing and directly denied the information.
The Respondent remained absent during the hearing
DECISION:
Keeping in view the facts of the case and the submissions made by the Appellant and on the perusal of the documents on record, the Commission observes that the information sought is voluminous in nature therefore directs the CPIO to furnish the exact, precise and correct information about the appointment of the mother of the Appellant Ms Shakuntala, along with the enclosures, strictly in accordance with the spirit of transparency and accountability as enshrined in the RTI Act, 2005 within a period of 21 days from the receipt of this order.
The Appeal stands disposed of accordingly.
(Uday Mahurkar)
Information Commissioner
Citation: Mr. Harichand v. Delhi Development Authority, CIC/DDATY/A/2023/608073-UM; Date of Decision: 06.11.2023