The RTI Act exempts personal information from disclosure, and public authorities are not required to provide information that necessitates inferences or assumptions.

Headnote:(A) Right to Information Act, 2005 - Sections 2(f), 8(1)(j), and 8(1)(h) - Second appeals regarding denial of information sought under RTI applications - CPIO and FAA upheld the denial of information citing invasion of privacy and ongoing investigations - The Commission found that the information sought was personal and exempt from disclosure under the Act. (Paras 1.1, 1.2, 1.3, 2.1, 2.2, 3.1, 4.1, 5.1, 6.1, 7, 8)

(B) RTI Act - Scope of information - The Act does not obligate public authorities to provide information that requires drawing inferences or assumptions. (Paras 7, 8)

Facts of the case:
The Appellant filed multiple RTI applications seeking information regarding his disciplinary proceedings and related documents, which were denied by the CPIO and upheld by the FAA on grounds of privacy and ongoing investigations.

Findings of Court:
The Commission upheld the CPIO's decision, stating that the information sought was exempt from disclosure under the RTI Act.

Issues: The main issues were whether the information sought was exempt under the RTI Act and whether the CPIO's denial was justified.

Ratio Decidendi: The court ruled that the information sought was personal and exempt from disclosure under Section 8(1)(j) of the RTI Act, and that the RTI Act does not require public authorities to provide information that necessitates drawing inferences.

Result: Appeals dismissed.

O R D E R

Second Appeal No. CIC/CBSED/A/2023/652159

1. The Appellant filed an RTI application dated 24.07.2023 seeking information on the following points:

“The complete notes and orders/file records of RTI files where my following RTI applications and their 1st appeals were dealt with, may therefore be given under RTI Act in prescribed time frame:

1. RTI Application CBSED/R/E/23/01350 dated 08.05.2023 and its 1st Appeal CBSED/A/E/ 23/00297 dated 14.06.2023;

2. RTI Application CBSED/R/E/23/01398 dated 11.05.2023 and its 1st Appeal CBSED/A/E/ 23/00298 dated 14.06.2023; and

3. RTI Application CBSED/R/E/23/01399 dated 11.05.2023 and its 1st Appeal CBSED/A/E/ 23/00302 dated 15.06.2023.”

1.1 The CPIO replied vide letter dated 23.08.2023 and the same is reproduced as under:-

“Reply to these RTI applications and appeals have already been provided to the respective Applicant. The supply of copies of the notes of related RTI applications and appeals would cause unwarranted invasion in the privacy of the officers/officials who dealt these RTI applications appeals. Disclosure of such information is exempted under Section

8(1)(j) of RTI Act, 2005 as it does not involve larger public interest.”

1.2 Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 21.09.2023. The FAA vide order dated 20.10.2023 upheld the reply given by the CPIO.

1.3 Aggrieved with the FAA’s order, the Appellant approached the Commission with the instant Second Appeal dated 18.11.2023.

Second Appeal No. CIC/CBSED/A/2023/645260

2. The Appellant filed an RTI application dated 08.06.2023 seeking information on the following points:

“1. Web link of duties and responsibility of each post of the Board which are required to be mandatorily disclosed in public domain on the website under Section-

4(1)(b) of RTI Act-2005 under tab the powers and duties of its officers and employees.

2. Report of the duly constituted Committee constituted by the Competent Authority for updation and compilation of CBSE Service Rules 1985;

3. Notes and orders with regard to approval of Competent Authority for updation and compilation of CBSE Service Rules 1985;

4. Copy of Agenda Item number 15 placed in Finance Committee in its meeting held on 31.07.2014;

5. Duties and responsibilities as approved by Finance Committee in its meeting held on 31.07.2014 and ratified by the Governing Body in its meeting held on 06.08.2014;

6. Notes and orders with regard to approval of Competent Authority for printing of updated CBSE Service Rules 1985 after its approval by Finance Committee in its meeting held on 31.07.2014 and ratification by Governing Body in its meeting held on 06.04.2014; and

7. Copy of rule position with regard to issue of notification after the approval of Governing Body of the Board.

8. Copy of Action Taken report on issuance of Duties and responsibilities as approved by Finance Committee in its meeting held on 31.07.2014 and ratified by the Governing Body in its meeting held on 06.08.2014.

9. Copy of duties and Responsibilities of post of Assistant Vigilance Officer, Under Secretary, Deputy Secretary and Joint Secretary in the Board which is also part of proactive/ suo moto disclosure under provisions of the RTI Act…” etc.

2.1 The CPIO replied vide letter dated 07.07.2023 and the same is reproduced as under:-

“1: The Key Functionaries Powers & duties & Responsibilities are already upload on the Board's website under Section 4(1)(b) of RTI Act 2005.

Kindly visit link as under.

https://www.cbse.gov.in/cbsenew/rti.html

2-3: Question is not specific and clear period and year under question required to trace out the specific information. Therefore, not able to furnish desired information.

4: Please find attached a copy of letter dated 21.11.2017 send to the O/o Inspection Officer, Director General of Audit New Delhi. wherein it was informed that the proposed amendment has not been revised by incorporating the latest decisions/amendment after June, 2011. (copy of note Sheet enclosed).

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2024 Supreme(Online)(CIC) 3770

CENTRAL INFORMATION COMMISSIONANANDI RAMALINGAM, JDEVENDER – AppellantVersusCentral Board of Secondary Education – RespondentCIC/CBSED/A/2023/652159

The RTI Act exempts personal information from disclosure, and public authorities are not required to provide information that necessitates inferences or assumptions.

Cases Referred (1)

CENTRAL INFORMATION COMMISSION
ANANDI RAMALINGAM, J
DEVENDER – Appellant
Versus
Central Board of Secondary Education – Respondent
CIC/CBSED/A/2023/652159