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2013 Supreme(P&H) 1189

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
TEJINDER SINGH DHINDSA, J.
Vijay Dheer – Petitioner
Versus
State Information Commission, Punjab & Others – Respondents
CWP No. 4239 of 2013
Decided On : 4.3.2013

Advocates Appeared:
Mr. G.S. Lali, Advocate for the Petitioner.

Headnote:(A) Right to Information Act, 2005, S.8--Exempted Information--Information sought primarily related to details of joining of petitioner in department, appointment letter, copies of certificates on the basis of which he was appointed etc.--Held, information sought would certainly fall within the scope and ambit of expression 'Information' as defined u/s.2 sub cl.(f) of the Act. (Para 5)

       (B) Right to Information Act, 2005, S.8--Exempted Information--Held, exemption u/s.8 cl.(1) sub cl.(j) would cover information which is in the nature of personal information and disclosure of which would have no relationship to any public activity or interest or disclosure of which would cause unwarranted invasion of privacy of an individual. (Para 6)

       (C) Right to Information Act, 2005, S.8--Exemption clause--Object and reasons--Held, provisions of the Act are to ensure maximum disclosure and minimum exemptions consistent with constitutional provisions and to provide for an effective mechanism for access to an information and disclosure by authorities--Still further the Act has been enacted in order to promote transparency and accountability in working of every public authority. (Para 7)

JUDGMENT

TEJINDER SINGH DHINDSA, J.

The instant writ petition is directed against the order dated 17.1.2013 passed by the State Information Commission, Punjab, whereby the appeal preferred by respondent no. 3 has been partly allowed and the Public Information Officer, office of Additional Deputy Commissioner (Development), Roop Nagar has been directed to divulge certain information pertaining to the petitioner.

Brief facts would require notice.

The petitioner is working as Assistant Project Officer in the office of Additional Deputy Commissioner (Development), Roop Nagar. Respondent no. 3 invoked the provisions of Right to Information Act, 2005 (hereinafter referred to as the Act) and submitted an application dated 19.5.2012 seeking the following information as regards the petitioner:-

"(i) Date and post of joining in the department, appointment letter and documents submitted at the time of appointment.

(ii) Copy of certificates on the basis of which he was appointed.

(iii) Educational qualification, experience certificate or any other document on the basis of which he sought benefits (increment/financial benefits/promotion etc.)

(iv) The office noting on the basis of which benefits as mentioned in column III above.

(v) Any experience/Technical Education Certificate furnished by him.

(vi) If any reservation benefit was obtained, the information and copy of documents thereof.

(vii) Did he appear for any departmental examination during service, if so, then:

(a) Permission for appearing in such exam.

(b) Copy of according approval.

(c) Information on any benefit/promotion on account of such exam.

(viii) Did he appear for any other exam then departmental during the service, if so, then:

(a) Permission for appearing in such exam.

(b) Copy of according approval.

(c) Copy of office attendance register during the period.

(d) Information on any benefit/promotion on account of such exam.

(ix) Copy of any self declaration (News paper with higher official) made during the service.

(x) Documents on the basis of which he exchanged his name and the certificate on the basis of which he sought promotion or any other financial benefit.

(xi) Copy of documents of any complaint or inquiry against him.

(xii) Copy of his complete service book.

(xiii) Complete information of any punishment if awarded by department."

Such information having been declined by the Public Information Officer concerned, necessitated the filing of appeal by respondent no. 3 before the State Information Commission. The appeal has been disposed of vide impugned order in terms of issuance of directions to the Public Information Officer, respondent no. 2 to provide part of the information sought for. The operative part of the impugned order dated 17.1.2013 reads in the following terms:-

"(i) The present complaint qua the information and documents sought by the applicant vide his RTI Application dated 19.5.2012 sought at point nos. (i), (ii), (v), (vi), (vii-a, b & c) (except clause – d), (vii-a, b & c) (except – d) is accepted in totality.

(ii) The present complaint qua the information and documents sought by the applicant vide his application sought at point nos. (iii), (iv), (vii-d), (viii-d), (ix), (xi), (xii), (xiii) is dismissed, being hit by Section 8(i)(j) of the RTI Act, 2005, considering the same to be personal information the disclosure of which has no relationship to any public activity or interest, and the same would cause unwarranted invasion of the privacy of the individual.

(iii) The present complaint qua the information and documents sought by the applicant vide his application sought at point no. (x) is accepted only to the extent of providing copies of the “Certificates on the basis of which he sought promotion."

Learned counsel appearing for the petitioner has sought to find fault with the impugned order by contending that the same clearly amounts to an invasion of the privacy of an employee i.e. the petitioner. Counsel would submit that the impugned order has been














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