ORDER :

1. Ms. Trusha Patel, learned advocate appears for the petitioner – High Court of Gujarat on its administrative side. Though served none appears for the respondent no. 1.

2. Challenge in this petition is to the order dated 11.08.2017 passed by respondent no. 2 in an appeal filed by the respondent no.1.

3. Facts in brief would indicate that the respondent no. 1 filed an application under the Right to Information Act (‘RTI Act’ for short) on 14.06.2016 seeking certain information as set out in the application which are reproduced hereinbelow :

“(1) Furnish copy of warrant available with the High Court Registry issued by the Office of the President of India about appointment of Ms. Sugnaben Bhatt as Additional Judge in the Gujarat High Court.

(2) Furnish copy of the document available with the High Court Registry regarding the duty, which Ms. Sugnaben Bhatt used to discharge as Judge, prior to her appointment as Additional Judge in the Gujarat High Court.

(3) Duration of Ms. Sugna Bhatt as Additional Judge in Gujarat High Court.

(4) As per the order dated 20/10/1994 of the Government of India, Ms. Sugna Bhatt, Additional Judge of Gujarat High court was transferred to Kerala High Court. Furnish copy of the document containing request and/or reasons made by her for not joining at the said place.

(5) Furnish copy of the Resolution/Circular/ Order containing the date from which Ms. Sugna Bhatt was suspended as Additional Judge of Gujarat High Court.

(6) Provide information regarding the Salary and allowances paid to her for performing her duty as Additional Judge, Gujarat High Court.

(7) Furnish copy of the warrant/letter dated 25/09/1995 of the President of India regarding cancellation of charge of Ms. Sugna Bhatt as Additional Judge.

(8) Copies of the correspondence done for relieving Ms. Sugna Bhatt from the charge of Additional Judge pursuant to the letter of the Hon'ble President of India.

(9) Provide name and address of the office/Court where she served as Judge after she was relieved from her duty/charge as Additional Judge of Gujarat High Court.”

3.1 Pursuant to the application so made, the Public Information Officer, Gujarat High Court, Sola addressed a letter dated 05.08.2016 replying to the respondent point-wise indicating that as regards point no. 1 no information can be provided in light of Section 8(1)(e) of the RTI Act. With regard to point no. 4, the Public Information Officer opined that no information was available on record. In respect of point no. 6 which was with regard to information regarding pay and allowances of Ms. Justice S.K. Bhatt for discharging duties as an Additional Judge, High Court of Gujarat, the Information Officer invoked the provisions of Section 8(1)(j) of the RTI Act stating that it was personal information which had no relationship with any public activity.

3.2 Aggrieved by the order of the Public Information Officer, the respondent preferred an appeal before the appellate authority. By a judgement and order dated 03.09.2016, the appellate authority dismissed the appeal reiterating the findings of the Public Information Officer with regard to not being able to provide information with regard to point no. 1 i.e. to furnish copy of warrant dated 25.09.1995 issued by His Excellency the President regarding appointing Ms. Justice Sugnaben Bhatt as Additional Judge in the High Court of Gujarat and essentially point no. 6 regarding disclosure of salary, pay and allowances paid to her.

3.3 The respondent no. 1 filed a second appeal before the Gujarat Information Commission bearing Appeal No. 5868 of 2016 in respect of these three points and the Information Commission by the impugned order agreed with the orders of the authorities below except the reply regarding point no. 6 i.e. for providing information regarding pay and allowance of Ms. S.K. Bhatt. The Commission opined that such information should be given under Section 4(1)(b)(x) of the RTI Act.

4. Ms. Trusha Patel, learned advocate appearing for the peti