The main legal point established in the judgment is that under the Right to Information Act, personal information that has no relationship to any public activity or interest, or would cause unwarranted invasion of privacy, may be exempt from disclosure unless larger public interest justifies the disclosure.

Sanjay Yadav, J.

1. Shri Vasudeo Bhatt, learned Counsel for the Petitioner.

2. Petitioner by way of present petition calls in question the legality of order dated 14-9-2009 passed by the Appellate Authority under Right to Information Act, 2005; whereby, the appeal preferred by the Petitioner against an order dated 2-6-2008 passed by District Education Officer/District Information Officer, whereby the Information sought by the Petitioner regarding the entire personal/service record of Shri M.S. Parihar, Sankul Pracharya has been turned down.

3. The case of the Petitioner is that he filed an application under Section 6(1) of Right to Information Act, 2005 on 1-5-2008 for supplying him 'certified copy' of complete service book and personal file of Shri M. S. Parihar, Sankul Pracharya, Karri.

4. The said application of the Petitioner was rejected on 2-6-2008 on the ground that the person concerned, i.e. said M.S. Parihar had declined to part with his service record and the personal file. Aggrieved of this order the Petitioner preferred an appeal before the first appellate authority.

5. The said appeal was dismissed on 8-8-2008 whereagainst the Petitioner filed a second appeal before M.P. State Information Commissioner, whereupon after considering the entire facts and while adverting to the provisions contained under Section 11 read with Section 8(1)(i), the appeal of the Petitioner has been dismissed. It is this order which the Petitioner is aggrieved of.

6. The Petitioner questions the legality of said order on the ground that the appellate authority having misconstrued the provisions contained under Section 11 read with Section 8(1)(j) has committed gross illegality in rejecting the appeal preferred by the Petitioner. It is urged that, under the Act of 2005, it is the right of the Petitioner to seek information in respect of third party because the information which was sought in respect of Shri M. S. Parihar was to disclose the fact that he had gained undue advantage by giving wrong declaration regarding his sterlizing and obtaining two advance increments. It is contended that none of the provisions as contained under Sections 11 and 8 could have prevented the competent authority to have disseminated the information which was sought.

7. For a proper appreciation of submission put forth by learned Counsel for the Petitioner, worth it would be to note the relevant provisions of Act of 2005.

8. The expression "information" as defined under Section 2(f) means:

2(f). "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;

9. Section 3 stipulates that, subject to the provisions of the Act of 2005, all citizens shall have the right to information.

10. Section 4, obligates public authorities to maintain all its records duly catalogued and indexed in a manner and the form which facilitates the right to information under the Act and ensure that all records that are appropriate to be computerized are, within a reasonable time and subject to availability of resources, computerised and connected through a network all over the country on different systems so that access to such records is facilitated.

11. Section 6 enables a person, who desires to obtain any information under this Act of 2005, shall make a request in wring or through electronic means in English or Hindi or in the official language of the area in which the application is being made, accompanying such fee as may be prescribed, specifying the particulars of the information sought by him or her to such authority as are designated under Section 5.

12. Section 8 deals with disposal of such request made by such persons. Sub-section (1), whereof, stipulates that-

(1) Subjec