Data about colleagues for defending own service matter

The appellant sought information about implementation of the Hon'ble Central Administrative Tribunal (PB), New Delhi asking for the pay fixed, Date of enhancement of the rate of pay and other related information about fellow officers. The PIO denied information under Sec 8 (1) (j) of the RTI Act informing that the information sought is a classified information which also include personal information of third party and disclosure of such information has no relationship to any public activity ог interest. The appellant submitted before the CIC that the Hon’ble CAT, vide order dated 31.05.2023 has passed an order in his favour in which the Respondent were directed to extend the similar benefits as granted to the Applicants in O.A. No. 1981/1996, in term of the directions contained in order dated 03.06.2002, if they are similarly situated and otherwise eligible and that is why he needs this information to compare his case with similarly placed employees. The Appellant highlighted that there is a big difference in the amount that has been paid to him as compared to others. The PIO informed that several correspondence were made to IHQ of MoD (Army) in the similarly placed case as well as in the instant case regarding non-feasibility towards convening review DPC for re-fixing the seniority in the lower grades at this belated stage without any requisite documentss. The CIC ruled that exemption under Section 8 (1) (j) of the RTI Act is not available and directed the PIO to revisit the contents of the RTI Application and provide a revised reply along with requested information.

Comments

To differentiate between personal information and public activity, the CIC relied upon the judgement passed by the Hon’ble High Court of Karnataka in case titled A.S. Mallikarjunaswamy vs. SIC & Ors., W.P. No. 23695 of 2022 dated 22.08.2023.

Citation: Rama Nand Prabhakar v. AOC Records, PIN - 900453, C/o 56 APO; CIC/ARMHQ/A/2024/605929; Date of Decision: 23.05.2025

Dr Anuradha Verma (dranuradhaverma@yahoo.co.in) is a RTI Consultant currently working with IIM Vishakhapatnam. She has co-authored the books PIO’s Guide to RTI and Right to Information – Law and Practice. Her weekly article is being published since 2008 on this site. She offers consultancy on RTI matters and third party audit to individuals / organisations. Her other articles can be read at the website of RTI Foundation at the link https://www.rtifoundationofindia.com