IN THE HIGH COURT OF MADRAS
D.Murugesan &
K.K.Sasidharan JJ
V.Madhav v. T.N. Information Commission & anr.
W.A.No.551 of 2010 dtd. 12.7.2011

Ratios
a. Information regarding the assets held by a public servant which was declared by him to the Government could be accessed by any public under the Right to Information Act and the same could not be denied on the mere ground that the information was furnished to the Government under sealed cover.
b. Even in case of personal information, in the event the authorities are satisfied that the larger public interest justifies the disclosure of such information, the information sought cannot be denied.
c. Information sought for under the RTI Act could not be denied on the mere ground that the same had been hosted in the web site.
d. Information under the RTI Act cannot be demanded with reference to any public office and it should be made with reference to the individual officer by naming him/her.

Headnote:(A)Right to Information Act, 2005(22 of 2005) -Sec.8-Fundamental right-Privacy-Asset declaration-Details-Government servant-Sealed cover-Public information-Appellant had sought for information regarding the asset held by certain officers which was declared to the Government-It was refused by the Information officer by stating that the same was given under a sealed cover and held by the Government under trust and not public information which was challenged in appeal-When appeal and second appeal were also dismissed, appellant filed a writ petition which was also dismissed-In the writ appeal, appellant contended that furnishing of information under sealed cover would not preclude the Government from providing the same to the appellant and it had to be provided to ensure transparency and accountability among the public servants-Respondents contended that the same was declared later on in the web site and the information was sought for in relation to the post and not of any specific public servant-Held, when an information was not sought for regarding any particular public servant by name but of anyone holding a particular post, it could not be granted-Under service rules, the public servants were obliged to disclose the asset details to the Government and anyone could have access to the same under the Act-Mere publication of the asset details in the web site would not disentitle the public from getting the same under the Act-Respondents were directed to furnish the information to the appellant if it was sought for by mentioning the name of any particular public servant-Appeal was ordered accordingly.

       (B)Right to Information Act, 2005(22 of 2005) -Sec.8-Fundamental right-Privacy-Asset declaration-Details-Government servant-Sealed cover-Public information-Information regarding the assets held by a public servant which was declared by him to the Government could be accessed by any public under the Right to Information Act and the same could not be denied on the mere ground that the information was furnished to the Government under sealed cover.

        An information relating to private duty which is not accessible by the public authority is an information as provided under Section 8(1)(j), that is a right of privacy. Nevertheless, if a government servant furnishes assets details to the Government and if he is accountable to file such assets details as required under the rules, such information relating to the assets cannot be considered to be public information which are inaccessible by the Government. Hence, the information relating to the assets declaration of I.A.S. Officers cannot be said to an information which could not be accessed by the public authority, as those information are either no more confidential or private information. Para 6

       (C)Right to Information Act, 2005(22 of 2005) -Sec.8-Fundamental right-Privacy-Personal information-Disclosure-Denial- Even in case of personal information, in the event the authorities are satisfied that the larger public interest justifies the disclosure of such information, the information sought cannot be denied.

        Therefore, even in case of personal information, in the event the authorities are satisfied that the larger public interest justifies the disclosure of such information, the information sought cannot be denied. The right to information which is recognised as a fundamental right cannot be denied on the ground that it is not accessible by the public authority, particularly no restriction for such accessibility is shown to us in the form of a rule. Hence, the reliance placed by the learned Judge on Section 8(1)(j) to reject the contention of the appellant cannot be accepted. Para 7

       (D)Right to Information Act, 2005(22 of 2005) -Sec.8-Fundamental right-Information-Denial-Publication-Web site-Information sought for under the RTI Act could not be denied on the mere ground that the same had been hosted in the web site.

       The right of the appellant to have the inspection of the assets declaration cannot be now denied on the ground that they are personal information, the disclosure of which has no relationship to any public activity or interest, as the same is no more available in the wake of the subsequent events, namely, the assets details have been hosted on the website. Hence, the order of the learned Judge rejecting the request of the appellant for inspection of the assets details of the I.A.S. Officers made in his application dated 12.2.2009 cannot be sustained. Para 12

       (E)Right to Information Act, 2005(22 of 2005) -Sec.8-Public information-Office-Demand-Information under the RTI Act cannot be demanded with reference to any public office and it should be made with reference to the individual officer by naming him/her.

       Though the appellant would be entitled to the inspection of the assets details of the I.A.S. Officers furnished by them in sealed cover to the State Government, the application requesting the information with reference to the office cannot be ordered, as such information should be made with reference to the individual officer with specific request by naming him/her. Para 15