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2016 Supreme(UK) 486

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Sudhanshu Dhulia, J.
Jasmeet Kaur - Petitioner
Vs.
State of Uttarakhand & others - Respondents
Writ Petition (M/S) No. 2489 of 2016
Decided On : 07-09-2016

Advocates Appeared:
For the Petitioner: Mr. Mani Kumar
For the State : Mr. P.C. Bisht

Headnote:Right to Information Act, 2005, Sec. 2(f), Sec. 2(h) and Sec. 8 - Seeking information under - Held that a Government authority in Government schools does not come under the definition of 'public authority' - The only exception as to the information given under the Act, u/s 8, RTI which is an exemption from disclosure of information - Stated. (Paras 4, 5, 6)

       lwpuk dk vf/kdkj vf/kfu;e] 2005] /kkjk 2¼,Q½] /kkjk 2¼,p½ ,oa /kkjk 8 & vUrxZr lwpuk ek¡xuk & /kkfjr fd ljdkjh fo|ky;ksa esa ljdkjh izkf/kdj.k] ^^yksd izkf/kdj.k** dh ifjHkk"kk esa ugha vkrk & vf/kfu;e ds vUrxZr /kkjk 8] lwpuk dk vf/kdkj vf/kfu;e] viokn gS ftls lwpuk iznku djus ls eqDr fd;k x;k gS & foojf.krA ¼izLrj 4] 5] 6½

       

JUDGMENT :

Sudhanshu Dhulia, J.

1. The case of the petitioner before this Court is that her husband (respondent No. 8) is seeking personal information of the petitioner under Right to Information Act, 2005 (in short “RTI Act”), and these information are being given to him by the concerned authority. The contention of the petitioner before this Court is that the information sought by her husband are not covered under the RTI Act, as the information being sought are relating to her salary, posting etc., which are personal in nature.

2. Petitioner is a teacher in a Government Primary School in Udham Singh Nagar. She was married to respondent No. 8 in the year 2005 out of this wedlock was born a child but later her relation with her husband got strained. She is living separately and alleged cruelty, torture and demand of dowry at the hand of her husband and in-laws.

3. Heard Mr. Mani Kumar, learned counsel for the petitioner, Mr. P.C. Bisht, learned Standing Counsel for the State of Uttarakhand and perused the records.

4. Perused the information sought by the informant from the department. The information sought are as to how many teachers are working. The salary being given to the petitioner etc. These information do not appear to be private in nature in any manner nor are they exempted under the RTI Act. Nothing has been shown by the petitioner, which may suggests that the information sought by the respondent, relating to the petitioner, is covered under Section 8(1)(j) of RTI Act. Under the RTI Act, the ‘information’ has been defined under Section 2(f) of the RTI Act, which reads as under:-

“‘information’ means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force.”

5. A bare perusal of the aforesaid definition shows that the ‘information’ has been widely defined. On a request these information have to be supplied to the persons seeking such an information by a public authority. The ‘public authority’ has also defined under Section 2(h) of the RTI Act, which reads as under:-

“‘public authority’ means any authority or body or institution of self-government established or constituted:-

(a) by or under the Constitution;

(b) by any other law made by Parliament;

(c) by any other law made by State Legislature;

(d) by notification issued or order made by the appropriate Government, and includes any-

(i) body owned, controlled or substantially financed;

(ii) non-Government Organisation substantially financed, directly or indirectly by funds provided by the appropriate Government.”

6. It cannot be anybodies case that a Government authority in Government schools does not come under the definition of ‘public authority’. The only exception as to the information is given under the Act under Section 8 of the RTI Act, which is an exemption from disclosure of information. Section 8 of the RTI Act reads as under:-

“8. Exemption from disclosure of information-

(1) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen-

(a) information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence;

(b) information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court;

(c) information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature;

(d) information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is sa

















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