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IN THE HIGH COURT OF DELHI
Prathiba M. Singh, J.
Har Kishan - Appellant
Versus
President Secretariatt - Respondent
W.P.(C) 7976 of 2020
Decided On : 12-01-2021




Personal information under RTI Act Section 8(1)(j) is protected from disclosure, particularly when it invades individual privacy, requiring applicants to establish a bona fide interest in the information sought.

Headnote:(A) Right to Information Act, 2005 - Section 8(1)(j) - Disclosure of personal information - The court addressed the nature of information sought by the petitioner under his RTI application, concluding that information regarding names and addresses of selected candidates was invasive of privacy and thus exempt under Section 8(1)(j) - The CIC directed the FAA to provide responses on certain items of information, and the challenge was primarily regarding item no. 6 not being addressed by the CIC. (Paras 2, 13)

(B) Duty of disclosure - Court highlighted the necessity of establishing bona fides in RTI applications, emphasizing the importance of transparency and proper purpose behind seeking information. (Para 12)

Facts of the case:
The petitioner sought information regarding appointments for Multi-Tasking Staff at the Presidential Estate under RTI. The CIC directed the FAA to furnish information on specific items while denying personal information per RTI Act exemptions. The petitioner previously worked in the same establishment, and his daughter also applied for the same position.

Findings of Court:
The court found the request for personal data invasive and held that the CIC's decisions concerning RTI items were reasonable.

Issues: The main issues involved the legitimacy of the information requested under RTI and potential ulterior motives based on the petitioner’s previous employment connection.

Ratio Decidendi: The court affirmed that disclosure of personal details is protected under the RTI Act and must balance individual privacy with the public's right to information.

Result: The writ petition was dismissed with costs.

Table of Content
1. challenging cic's decision on rti information. (Para 2 , 3 , 4 , 5)
2. arguments on information sought and privacy issues. (Para 6 , 7)
3. court's observations on motives and legal standards. (Para 8 , 10 , 11 , 12 , 13)
4. information under rti cannot invade privacy. (Para 14)
5. conclusion dismissing the petition with costs. (Para 15 , 16)

JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been done by video conferencing.

2. The present petition has been filed challenging the impugned order dated 17th July, 2020, passed by Central Information Commission (hereinafter, "CIC") by which, the second appeal filed by the Petitioner bearing no. CIC/PRSEC/A/2018/168355-BJ, against the response of the Presidential Secretariat dated 24th August 2018, to his RTI application, has been decided in the following terms:

    "DECISION:

    Keeping in view the facts of the case and the submissions made by both the parties and in the light of the judgment dated 23.09.2019 of Hon'ble High Court in the matter of Shri Har Kishan Vs. President's Secretariat as also the allegations levelled by the Appellant regarding illegal appointments in the Respondent Public Authority, the Commission directs the FAA to exercise due diligence in responding to the issues raised by the Appellant on points 04 and 05 of the RTI application and furnish information in accordance with the provisions of the RTI Act, 2005 within a period of 30 days from the date of receipt of this order depending upon the condition for containment of the Corona Virus Pandemic in the Country or through email to the Appellant.

    The Appeal stands disposed accordingly."

3. The brief background of this petition is that the Petitioner sought information on 6th August, 2018 under the Right to Information Act, 2005 (hereinafter, "RTI Act"), in respect of certain appointments made for Multi-Tasking Staff at the Presidential Estate, Rashtrapati Bhawan. The following was the information which was sought by the Petitioner, as per the said RTI application:

    "1. Kindly provide copy of Notification Circular No.A-35011/7/16-Admn.

    2. Kindly provide total no of candidates who filled the online application form of MTS (Multi Tasking Staff) examination, Notification Circular No.A-35011/7/16-Admn and also provide total no of candidates who appeared in this examination.

    3. Kindly Provide all the name and address of Examination Centers in all over the India where respective MTS examination was held.

    4.Kindly Provide the information regarding total no candidates as per every center separately who appeared in this examination.

    5. Kindly provide complete name and address of examination centers of all the candidates who have been selected for appointment to the post of Multi Tasking Staff, Notification Circular No.A-35011/7/16-Admn.

    6. Kindly provide complete residential address and their father's name of all selected candidates who have been appointed to the post of Multi Tasking Staff, Notification Circular No.A-35011/7/16-Admn."

4. The same was responded to by the Presidential Secretariat, vide letter dated 24th August 2018, in which the information qua item nos. 1 to 3 was provided. The response is set out hereinbelow:

    "1. Enclosed.

    2. Total number of candidates who filled the online application form was 18416 and total number of candidates who appeared in this examination was 11257.

    3. List enclosed.

    4-5. No such information is available.

    6. It is a personal information and can't be provided u/s 8(1)(j) of the RTI Act, 2005. The disclosure of it has not relationship to any public activity or interest and it would cause unwarranted Invasion of the privacy of the individual."

5. The Petitioner challenged the said response under the RTI Act by way of an appeal before the First Appellate Authority, on 5th September 2018, the response to which is not on record. Thereafter, a second appeal was preferred by the Petitioner before the CIC, which was disposed of by the CIC vide the impugned decision date

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