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IN THE HIGH COURT OF DELHI AT NEW DELHI
Prathiba M. Singh, J.
Food Corporation of India – Appellant
Versus
Shri Parminder Singh – Respondent
W.P.(C) 10455 of 2018 and CM APPL. 40799 of 2018
Decided On : 08-02-2023
RTI - Disclosure of Note Sheets - The court set aside the Central Information Commission's order directing partial disclosure of note sheets, citing the exemption of service records relating to third parties under Section 8(1) and the settled legal position established in previous judgments.
Fact of the Case:
The Food Corporation of India filed a petition challenging the Central Information Commission's order directing partial disclosure of note sheets sought by the RTI applicant, which included note sheets of a vigilance case of a third party.
Finding of the Court:
The court found that the CIC's order was not sustainable based on the settled legal position and set it aside, allowing the petition in the above terms.
Issues: The issue revolved around the disclosure of note sheets of a vigilance case of a third party sought by the RTI applicant and the applicability of the exemption under Section 8(1) regarding service records of third parties.
Ratio Decidendi: The court relied on the exemption of service records relating to third parties under Section 8(1) and previous judgments to set aside the CIC's order.
Final Decision: The court set aside the CIC's order and allowed the petition, disposing of all pending applications.
ORDER
1. This hearing has been done through hybrid mode.
2. None appeared for the Respondent today and even on the last four hearings.
3. The present petition has been filed by the Food Corporation of India (hereinafter FCI) challenging the impugned order bearing File No. CICFCIND/A/2017/11899l dated 21 June 2018 titled Parminder Singh v. The CPIODGM(VIG)' whereby the Central Information Commission (hereinafter CIC) has directed partial disclosure of the note sheets.
4. The application of the RTI Applicant, the Respondent in this petition, was filed on 6th January, 2017 seeking the following information:
"I. Attested copies of complete note sheets of the vigilance case no. vig.4(14)/2015/WZMP/1689/1129 dated 08.07.2015
2. Attested copies of complete note sheets of the vigilance case no. vig. 4(36)/2012-PB dated 08.07.2015 dated 08.07.2015 "
5. The Public Information Officer (`PIO') had vide its reply dated 27th January, 2017 refused the disclosure of the information on the ground that note sheets are secret documents. On 7th March, 2017, the first appeal was rejected on the ground that the documents and information were confidential in nature. However, CIC has directed disclosure of these documents as extracted above.
6. Mr. Om Prakash, ld. Counsel appearing on behalf of the FCI submits that the matter is squarely covered by the judgment of the Supreme Court in Girish Ramchandra Deshpande v. Central Information Commissioner and Ors.' (2013) 1 SCC 2012 wherein it has been held that service records relating to third parties would be exempted under Section 8(1)) as the same constitutes personal information. He also relies upon the judgment of this Court in 'Union Public Service Commission v. R.K. Jain' 2013 (196) DLT 170.
7. The fact that the information sought also included note sheets of the vigilance case of a third party is not disputed in the present case. In view thereof and in view of the settled legal position, the CIC's order is not sustainable and the same is set aside.
8. The petition is allowed in the above terms. All pending applications are also disposed of.
The exemption of service records relating to third parties under Section 8(1) of the RTI Act and the settled legal position established in previous judgments influenced the court's decision.
Exemptions under Section 8(1)(j) and Section 8(1)(g) of the RTI Act apply to personal and service-related information. File noting in the case of vigilance are sensitive matters and ought not to be d....
The main legal point established in the judgment is that information qualifying as personal information under Section 8(1)(j) of the RTI Act is exempt from disclosure unless it involves a larger publ....
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