Personal info can be sought under RTI, says HC

CHENNAI: Can personal information such as an address of an employee or a pensioner be demanded under the provisions of the Right To Information(RTI) Act? Yes, says the Madras high court.

Justice K Chandru, pointing out that the writ petitioner M Kaliaperumal of Chennai wanted the personal details only to execute a court decree, said: "A pensioner does not cease to become totally out of control from the government. On the contrary, his conduct and character are continuously monitored by the central government. In that context, the whereabouts of such pensioner is also very much relevant and it cannot be a private information. The authorities are bound to help in the execution of court orders."

Kaliaperumal approached the postal department authorities at Gudur in Andhra Pradesh, seeking information about a man named K Ramachandra Rao, against whom a court order had been passed in a forgery case. Unable to find him at his residence, Kaliaperumal filed an RTI application demanding to know the postal address of Rao as the latter had been receiving his pension from the Gudur post office. However, the RTI plea was rejected on the ground that this was a personal information and had no public interest. His appeal too met with the similar fate.

Pointing out that the address was sought only to execute a court order, Justice Chandru said Kaliaperumal was not able to take further civil and criminal action against Rao as the latter's address was not known. Directing the authorities to furnish the correct address of Rao within 30 days, the judge said the plea did have a public interest as the pensioner's exact whereabouts would clear doubts as to whether such a pensioner really existed on the date of receipt of his pension or whether a fraudulent claim had been made on his behalf. "Such information cannot be denied," he said.

Source : Times of India - Chennai 21.11.2009

THE APPLICANT DID NOT REQUEST FOR DEMOLITION OF JHUGGI COLONY, BUT WANTED TO KNOW THE ACTION TAKEN ON HIS TWO LETTERS

The Applicant Mr. B.L. Sharma,General Secretary, BSNL, MTNL, RWA, 1768, GPO Compound, Kashmiri Gate, Delhi-110006.filed his RTI application on 12.02.09 with the CPIO, Department of Posts, New Delhi requesting for information on action taken on two of his letters dated 28.10.8 and 12.01.09 regarding demolition of unauthorized Jhuggi No.2, opposite Quarter no. 1768, Kashmere Gate, Delhi.

The CPIO replied on 02.03.09 stating that no material information as defined in Section 2(f) of the RTI Act-2005 has been asked and that demolition of jhuggis is not covered under it. Not satisfied with the reply from the CPIO the Applicant filed his First appeal on 24.03.09 requesting for information once again. The Appellate Authority replied on 27.04.09 upholding the decision of the CPIO. Being aggrieved with the reply, the Applicant filed his Second appeal before the CIC on 18.07.09 reiterating his request.

The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for 29 September, 2009. Mr. Ganga Prasad, AD(Bldg) & CPIO and Mr. Janardan Singh AD(Bldg) represented the Public Authority. The Applicant Mr. Banwar Lal Sharma and Mr. Ram Prasad were present during the hearing.

Decision by the CIC

The Respondent submitted that the Appellant is requesting for demolition of a Jhuggi colony and that this activity does not fall within the ambit of the RTI Act. The Appellant however, stated that under the RTI Act he is not seeking demolition but wanting to know action taken on his two letters dated 28.10.08 and 12.01.09 regarding demolition of the Jhuggis. The Respondent replied that after the sealing of the place on 17.10.08 , no further action has been taken by the Department except posting a security guard in the premises to ensure that no unauthorized construction is taken up in that area.

The Commission accordingly directs the CPIO to provide details of the security agency appointed to look after the said area and also to inform the Appellant the details of Competent authority whom the Appellant can approach for demolition of the Jhuggis in the Postal Department. The information to be provided by 25.10.09.

CIC Decision No CIC/AD/A/2009/001136 Dated 29 September 2009

Name of the Applicant : Ms.Yamini H.Mehta CPIO Supdt of Post Offices, Junagadh Division, Junagadh 362001

Information sought : The Applicant requested for information against 7 points with respect to the Postal Department Holiday Home at Somnath. The CPIO replied on 12.9.08 furnishing point wise information. Not satisfied, the Applicant filed an appeal dt.2.1.09 with the Appellate Authority stating that the information furnished by CPIO is totally wrong and far from truth. The Appellate Authority replied on 9.1.09 requesting the Applicant to send a copy of RTI application along with the reply of CPIO and why she feels the information provided is wrong so that it can be considered and information / documents can be sent to her. As per the Appellate Authority’s request the Applicant sent a reply on 15.1.09 along with the necessary information to which the CPIO replied on 29.1.09 providing additional clarification. Not satisfied, the Applicant filed a second appeal dt.23.4.09 before CIC. Information given by the CPIO : Required information given to the applicant, but the applicant alleged that the informaiton is false and made an appeal. The applicant not satisfied with the reply of appellate authory also. Decision of the Bench (Mrs. Annapurna Dixit, Information Commissioner) The Commission held that complete information has been furnished to the Appellant and appeal disposed. Comments. Hello Madam, Why you are unable to produce evidence that the information was incorrect? However, you have wasted the time of Appellate authority and the CIC. DECISION NO CIC/AD/A/2009/000621 DATED 26.8.2009