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2024 Supreme(Online)(CIC) 4143

Page 1 of 4

केन्द्रीय सूचना आयोग

Central Information Commission

बाबा गंगनाथ मागग,मुननरका

Baba Gangnath Marg, Munirka

नई दिल्ली, New Delhi – 110067

नितीय अपील संख्या / Second Appeal No. CIC/POSTS/A/2023/105314

K. Chellaswamy

… अपीलकताग/Appellant

VERSUS

बनाम

CPIO: Department of Posts

Pudukkottai

…प्रनतवािीगण/Respondent

Relevant dates emerging from the appeal:

RTI : 31.10.2022

FA

: 13.12.2022

SA

: 31.01.2023

CPIO : 30.11.2022

FAO : 09.01.2023

Hearing : 15.05.2024

Date of Decision: 21.05.2024

CORAM:

Hon’ble Commissioner

_ANANDI RAMALINGAM

Disclosure of personal information of a third party is exempt under Section 8(1)(j) of the RTI Act.

Headnote:

RTI - Information Access - Sections 8(1)(j) - Personal Information

Fact of the Case:

The appellant filed an RTI application seeking information about the savings accounts and deposits maintained by a third party with the Aranthangi Post Office. The CPIO and the First Appellate Authority denied the information stating that it was not available in compiled form and was also exempt under Section 8(1)(j) of the RTI Act as it related to personal information of a third party.

Finding of the Court:

The Commission observed that the information sought by the appellant was speculative and based on conjecture, and related to the personal information of a third party, disclosure of which was exempted under Section 8(1)(j) of the RTI Act. The Commission found no reason to question the correctness of the CPIO's reply and dismissed the appeal as bereft of merit.

Issues: Whether the CPIO was justified in denying the information sought by the appellant under Section 8(1)(j) of the RTI Act?

Ratio Decidendi: The information sought by the appellant related to the personal information of a third party, disclosure of which was exempted under Section 8(1)(j) of the RTI Act.

Final Decision: The appeal was dismissed as the information sought was exempt under Section 8(1)(j) of the RTI Act.

ORDER

1. The Appellant filed an RTI application dated 31.10.2022 seeking information on the following points:

    (i) “Please provide the information whether any Kind of savings Bank Account like recurring Deposit, Fixed Deposit, Current Account or any other Yearly, Monthly, Weekly and daily contributed savings account or any scheme being maintained with your Aranthangi Post Office by Mrs. J. Seetha Selvi, W/o. K. Chellaswamy, No.82, Gopatasamuthiram, Aranthangi. (ii) If yes please provide the information that the kind of Account being maintained and the details of Account like the name of account, sum of contribution, Date of opening, Date of Maturity and the amount of claim on Maturity.
    (iii) Please provide the information that whether any kind of account Maintained earlier with Aranthangi Branch with effect from 01.01.2008 to 31.12.2021 by Mrs. J. Seetha Selvi, W/o. K. Chellaswamy, Residing at No.82, Gopala Samuthiram, Aranthangi working as teacher in Sathiyamoorthy Middle School.
    (iv) If, yes please provide the details of RDS Account or any other account and the total a amount settled to Mrs. J. Seetha Selvi in that period. (v) Please provide the information the office address of the appellant Authority to appeal, if your information not satisfactory.”

2. The CPIO replied vide letter dated 30.11.2022 and the same is reproduced as under:- (i) “The information sought for is not available in compiled form and hence could not be furnished.

(ii) Does not arise.

(iii) The information sought for is not available in compiled form and hence could not be furnished.

(iv) Does not arise.

(v) Director of Postal Services, O/o. Postmaster General, Central Region, Tiruchirapalli-620001”

3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 31.12.2022. The FAA vide order dated 09.01.2023 upheld the reply given by the CPIO.

4. Aggrieved with the FAA’s order, the Appellant approached the Commission with the instant Second Appeal dated 31.01.2023.

5. The Appellant was present during the hearing through video conference and on behalf of the Respondent, Murugesan, Suptd. & CPIO attended the hearing through video conference.

6. The Appellant reiterated the information sought for in the RTI Application and stated that the CPIO has failed to provide the correct information. He further urged that since he has lost the account number, the information sought for by him is vital for him.

7. The Respondent reiterated the reply provided to the Appellant and emphasized that the Appellant has not even sought for any specific information.

8. The Commission after adverting to the facts and circumstances of the case, and perusal of records, observes at the outset that the information sought for by the Appellant in addition to being speculative and based on conjecture relates to the personal information of a third party, disclosure of which stands exempted under Section 8(1)(j) of the RTI Act.

In view of this, the Commission finds no reason to question the correctness of the CPIO’s reply, rather it finds the appeal bereft of merit.

9. The Appeal is dismissed accordingly. Copy of the decision be provided free of cost to the parties.

(Anandi Ramalingam) (आनंिी रामललंगम) Information Commissioner (सूचना आयुक्त) दिनांक/Date: 21.05.2024 Authenticated true copy Col S S Chhikara (Retd) (कनगल एस एस निकारा (ररटायर्ग) Dy. Registrar (उप पंजीयक) 011-26180514 Addresses of the parties:

1. The CPIO O/o. The Superintendent of Post Offices, Department Of Posts, Pudukkottai Division, Pudukkottai-622001 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

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