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2025 Supreme(Online)(CIC) 1466
CENTRAL INFORMATION COMMISSION
Vinod Kumar Tiwari, J
Y Sanjeevan – Appellant
Versus
UT of Andaman & Nicobar – Respondent
CIC/UTOAN/A/2023/137903
Personal information of third parties is protected under Section 8(1)(j) of the RTI Act, and disclosure requires demonstration of overriding public interest.
Headnote:(A) Right to Information Act, 2005 - Section 8(1)(j) - Denial of information sought under RTI application regarding transfer orders of teaching staff - Information exempted on grounds of personal privacy - The Commission upheld the denial of certain file notings as they pertain to personal information of third parties, which is protected under the Act. (Paras 6, 7, 8)
(B) Judicial Precedents - The court referenced the Supreme Court's judgment in Central Public Information Officer, Supreme Court of India Vs. Subhash Chandra Agarwal, which clarifies the scope of 'personal information' under Section 8(1)(j) of the RTI Act. (Para 8)
Facts of the case:
The appellant sought information regarding transfer orders for teaching staff under the RTI Act, which was partially denied by the CPIO citing personal privacy exemptions. The appellant filed a first appeal and subsequently a second appeal due to dissatisfaction with the response.
Findings of Court:
The Commission found that the information provided was adequate and that the exemptions claimed were justified under the RTI Act.
Issues: The main issues included whether the denial of information was justified under Section 8(1)(j) of the RTI Act and if the appellant demonstrated any public interest that would override the privacy concerns.
Ratio Decidendi: The court ruled that personal information of third parties is protected under Section 8(1)(j) of the RTI Act, and the appellant did not establish any overriding public interest to warrant disclosure.
Result: Appeal disposed of.
Information sought:
The Appellant filed an RTI application dated 24.04.2023 (online) seeking the following information:
“6. …
a. Certified copies of all pages of the file notings on proposals pertaining to Draft Transfer orders for AGT 2023 for GTTs Humanities (English/Hindi medium)
b. List of all GTTs Humanities (English/Hindi medium) who had submitted representations after the release of draft orders of AGT 2023 for GTT Humanities (English/Hindi medium)
c. List of GTTs Humanities (English/Hindi medium) including fresh names who were considered in the final Transfer orders of AGT 2023 for GTTs Humanities (English/Hindi medium) except for those teachers whose place of posting remained unchanged as mentioned in the draft Transfer orders for AGT 2023 for GTTs Humanities (English/Hindi medium)
d. Certified copies of all pages of file notings in justification for consideration in respect of GTTs mentioned at 6.i.c above.
e. Certified copies of all pages of the file notings on proposals pertaining to Draft Transfer orders for AGT 2023 for GTTs Mathematics (English/Hindi/Tamil medium)
f. List of all GTTs Mathematics (English/Hindi/Tamil medium) who had submitted representations after the release of draft orders of AGT 2023 for GTTs Mathematics (English/Hindi/Tamil medium)
g. List of GTTs Mathematics (English/Hindi/Tamil medium) including fresh names who were considered in the final Transfer orders of AGT 2023 for GTTs Mathematics (English/Hindi/Tamil medium) except for those teachers whose place of posting remained unchanged as mentioned in the draft Transfer orders for AGT 2023 for GTTs Mathematics (English/Hindi/Tamil medium)
h. Certified copies of all pages of file notings in justification for consideration in respect of GTTs mentioned at 6.i.c above.
a. Certified copies of all pages of the file notings on proposals pertaining to Draft Transfer orders for AGT 2023 for PGTs in subjects English, Hindi, Political Science, History, Geography, Physics, Chemistry, Mathematics, Biology, and Computer Science.
b. List of all PGTs in subjects English, Hindi, Political Science, History, Geography, Physics, Chemistry, Mathematics, Biology, and Computer Science who had submitted representations after the release of draft orders of AGT 2023 for PGTs in subjects English, Hindi, Political Science, History, Geography, Physics, Chemistry, Mathematics, Biology, and Computer Science.
c. List of PGTs in subjects English, Hindi, Political Science, History, Geography, Physics, Chemistry, Mathematics, Biology, and Computer Science including fresh names who were considered in the final Transfer orders of AGT 2023 for PGTs in subjects English, Hindi, Political Science, History, Geography, Physics, Chemistry, Mathematics, Biology, and Computer Science except for those teachers whose new place of posting remained unchanged as mentioned in the draft Transfer orders for AGT 2023 for PGTs in subjects English, Hindi, Political Science, History, Geography, Physics, Chemistry, Mathematics, Biology, and Computer Science.
d. Certified copies of all pages of file notings in justification for consideration in respect of PGTs mentioned at 6.i.k above.
e. List of teachers whose names were recommended by the duly constituted Medical Board with respect to AGT 2023.
f. Certified copies of extracts of reports received from the medical board in respect of teachers mentioned at 6.i.m above (portions containing personal information(s) except name etc. may be severed/masked, if necessary).
g. List of teachers who were considered in the final transfer orders of AGT 2023 under the Medical Board recommended category.
h. Certified copies of all pages of file notings in justification for consideration in respect of teachers mentioned at 6.i.o above.”
The CPIO furnished a reply to the Appellant on 23.05.2023 stating as under:
“6.i.a. Exempted u/s 8(1)(j) of the RTI Act, 2005
6.i.b. List placed at Annexure -A 6.i.c List placed at Annexure-B
6.i.d Exempted u/s 8(1)(j) of the RTI Act, 2005
6.i.e. -do-
6.i.f.
