Important Point
If larger public interest justifies disclosure of personal information, same may be allowed to be disclosed.

N.V. Anjaria, J.

1. In the present petition filed under Articles 226 and 227 of the Constitution, the petitioner has prayed to set aside order dated 26.02.2013 passed by the Central Information Commissioner-respondent No. 3 herein. The petitioner has further prayed for setting aside order dated 22.09.2009 as also order dated 14.12.2010 passed by respondent No. 1 herein-Public Information Officer and respondent No. 2-appellate authority under the Right to Information Act, 2005, respectively. A direction is also prayed for against respondent Nos. 1 and 2 requiring them to supply information to the petitioner demanded by the petitioner. The impugned order dated 26.02.2013 passed by the Central Information Commissioner in its relevant and material part reads as under:-

"6. The Hon'ble Supreme Court in the case of Girish Ramchandra Deshpande dated October 3, 2012 had observed that Income Tax Returns was personal information and exempt from disclosure u/s. 8(1)(j) of the RTI Act unless it was felt that a larger public interest was served. In the instant case, no such larger public interest has been shown. The ratio of the above case applies to the present appeal. The Commission concurs with the decision of the AA and the appeal is disposed of."

2. It appears that the petitioner filed an application dated 01.09.2010 under the Right to Information Act, 2005 before the Public Information Officer of the office of the Commissioner of Income-tax, Surat, seeking certain information which included copies of income-tax returns of private respondent Nos. 4 to 8 herein. The petitioner in his application under Section 6 of the Right to Information Act, 2005 (hereinafter referred to as "the RTI Act") stated about following details of information asked for:

"Kindly find enclosed herewith the press cutting regarding the income tax violation by Tarunkumar Kantilal Raval, resident of 50, Adarsh Society, Athwa Lines, Surat and Bhadreshkumar Chimanlal Kagalwala, resident of 50, Adarsh Society, Athwa Lines, Surat. Kindly find enclosed herewith the relevant documents regarding three different proceedings-

(1) regarding becoming the agriculturist on the basis of the Will of one Lalabhai Kikabhai in the year 1981 by aforesaid two persons and other associates namely Harishchandra Chhaganlal Jani, Resident of 6/D Rudraksh Apartment, Opp. Arihant Complex, Parle point, Surat; Pankajbhai Harishchandra Jani, Resident of 6/D Rudraksh Apartment, Opp. Arihant Complex, Parle Point, Surat; Pravinchandra Thakorlal Dalai, resident of 10/B Rudraksha Apartment, Near Hotel Holiday Inn, Athwa Lines, Surat; Balkrishna Thakore;

(2) becoming the agriculturist on the basis of the Will of one Mansinh Dharsinh after the year 1977 and purchasing the agricultural land at village: Kosamba in the year 1988. It is claimed by all these people that they were agriculturists and were doing the agriculture activities right from their birth which is a claim made before the Civil Court in Probate Application No. 21 of 1991. However, before the Revenue Authorities their claim was based on the Will of the deceased Lallubhai in the year 1981 wherein no such claim of being the agriculturists or holding the agriculture land from the childhood was made. In the order by the Additional Mamlatdar and Krushi Panch in Ganot Case No. 94 of 2003 they claimed to be the agriculturists and account holder right from the birth and even claimed that their father and forefather were also agriculturists. Thus, everywhere there are different false claims made before the different authorities and fraud is played by all these people upon the Revenue Authorities as well as the Gujarat Revenue Tribunal. From the press reports, it is very clear that there is serious violation of Income Tax Act on the part of these people and if the following information is supplied to the applicant, such fraudsters will be further exposed and their scandal in violation of the various laws of the State Government and Central Gove