Personal information under RTI Act is exempt from disclosure unless public interest outweighs privacy concerns.

ORDER :

(NUPUR BHATI, J.)

1. The instant writ petition under Article 226, Constitution of India has been filed with the following prayer:

“It is, therefore, most humbly prayed that this writ petition may kindly be allowed with cost and by an appropriate writ, order or direction:-

(A) By an appropriate writ, order or direction the impugned letter dated 01.08.2022 (Ann.7), impugned order dated 21.09.2022 (Ann.9) and the imagined judgment 31.08.2023 (Ann.14) may kindly be quashed and set aside.

(B) By an appropriate writ order or direction, the respondent no.2 may kindly be directed to provide the information sought by the petitioner vide his application dated 12.07.2022 under the provisions of RTI Act.

(C) Any other appropriate writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may also kindly be granted in favour of petitioner.”

2. Briefly stated the facts of the case are that the petitioner filed an application dated 12.07.2022 (Annex.5) under the Right to Information Act, 2005 (‘RTI Act’) seeking information regarding all the proceedings undertaken in pursuance to the complaint dated 12.12.2019 (Annex.1) filed by the petitioner against the concerned judicial officer. However, the application (Annex.5) was dismissed by the State Public Information Officer, Rajasthan High Court, Jodhpur vide letter dated 01.08.2022 (Annex.7) on the ground that the information sought by the petitioner is confidential in nature under Rule 882, Rajasthan High Court Rules, 1952 and also exempted from disclosure under Section 8(1)(j), RTI Act as well as Rule 10 of Rajasthan RTI (High Court & Subordinate Courts) Rules, 2006. Subsequently, the petitioner preferred appeal before Appellate Authority against the rejection of Application (Annex.5), which also came to be dismissed vide order dated 21.09.2022 (Annex.10). Similarly, the second appeal preferred before the State Information Commissioner, Jaipur (‘SIC’) against such rejection also came to be dismissed vide order dated 31.08.2023 (Annex.14). Aggrieved by the same the instant writ petition has been filed by the petitioner.

3. Learned counsel for the petitioner submits that the respective authorities have erred in rejecting the application (Annex.5) as the it is the legal right of the petitioner to seek such information regarding the proceedings undertaken in pursuance to the complaint (Annex.1) filed by the petitioner against the concerned judicial officer. He also submits that such information is not personal information of the concerned judicial officer and hence ought to have been disclosed.

4. Heard and perused the material available on record.

5. In the present case the petitioner filed the complaint (Annex.1) against the concerned judicial officer aggrieved by the rejection of an application filed by him under Section 114 of the Code of Civil Procedure. Thereafter, the petitioner filed the application dated 04.08.2021 (Annex.2) under RTI Act seeking the status of his complaint which was provided to the petitioner vide communication dated 19.08.2021 (Annex.4), wherein it was disclosed that the complaint is under process. Subsequently, vide application (Annex.5) the petitioner sought the disclosure of entire record of proceedings taken in pursuance of the complaint (Annex.1) filed by him against the concerned judicial officer. However, the concerned authorities denied disclosure on the grounds that the information sought by the petitioner is confidential in nature under Rule 882, Rajasthan High Court Rules, 1952 and also exempted from disclosure under Section 8(1)(j), RTI Act as well as Rule 10 of Rajasthan RTI (High Court & Subordinate Courts) Rules, 2006.

6. This court finds that Section 8 of the RTI Act provides exemption from disclosure of information in certain cases given under sub-section (1). Further, Section 8(1)(j) of the RTI Act provides exemption from disclosure of personal information the disclosure of which has no relations