के (cid:3)ीय सूचना आयोग Central Information Commission बाबा गंगनाथ माग(cid:18), मुिनरका

Baba Gangnath Marg, Munirka नई िद(cid:24)ी, New Delhi – 110067 File No: CIC/IARMY/A/2024/105863 Premshankar Mishra, Advocate .….अपीलकता(cid:18)/Appellant VERSUS बनाम PIO, 4 INF DIV SIG REGT, PIN - 908404, C/o 56 APO, Prayagraj – 211004 ….(cid:29)ितवादीगण /Respondent Date of Hearing : 20.05.2025 Date of Decision : 22.05.2025 INFORMATION COMMISSIONER : Vinod Kumar Tiwari Relevant facts emerging from appeal:

RTI application filed on : 10.11.2023 CPIO replied on : Not on record First appeal filed on : 30.12.2023 First Appellate Authority’s order : Not on record

2nd Appeal/Complaint dated : 14.02.2024 Information sought:

1. The Appellant filed an RTI application dated 10.11.2023 (offline) seeking the following information:

“I, Ps Mishra, am the advocate of my client Anubhav Singh who is working as number 15722034 N Naik (Technician of Tele communication) at 4. INF Division SIG Regiment, Sir, My clients wife Mrs. Pratibha Singh D/o Shri Mohan Narayanı Singh and w/o Shree Anubhav, Village and post- Bharey Choura (Bhatni), District- Deoria, U.P. has submitted her educational details in a case no- 22018/9693/HR. Which I, as an Advocate, required if as an evidence which is necessary for the case and also in the interest of justice..

I Seek information's as-

1. All those documents which is being submitted by Mrs. Pratibha Singh in a case no- 22013/9693/HR. Its certified copy.

2. Also all the educational certificates (or its copy) Provided by Mrs. Pratibha Singh in a case no. 22018/9693/HR specifically graduation and post graduation ie BA and MBA (Certificated & Degree) in a certified form. All the information's & documents seeked by me as an Advocate of my client is providable by you for the case and in the interest of justice.

Kindly provide all those information seeked by me as soon as possible.”

2. Not having received any response from the CPIO, the appellant filed a First Appeal dated 30.12.2023. The FAA order is not on record.

3. Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.

4. Written submission of the Respondent is taken on record. Contents of the same are reproduced below for reference:

“Background.

3. It is informed that Shri Prem Shankar Mishra preferred RTI application dated Nil received by this office on 14 December 2023. The applicant has sought disclosure of the educational qualification, specially the college degree, of his client's (No 15722034N Naik (TTC) Anubhav Singh, 4 Infantry Division Signal Regiment) wife Smt Pratibha Singh from concerned Public Information Officer.

4. Initial application dated nil was received by this office on 14 December 2023. Application was processed with the concerned office (4 Infantry Division Signal Regiment). It has been conveyed by the office that "information cannot be provided since the affected party has denied for the same", written unwillingness of Smt Pratibha Singh wife of 15722034N Naik (TTC) Anubhav Singh, is attached.

5. Based on the reply received by the concern Office vide their letter No PC- 15722034N/Sigs/01 dated 09 December 2023 the Public Information Officer, Headquarters 4 Infantry Division has exempted the information citing under section 8 1 (j) of the RTI Act 2005 (copy enclosed).

First Appeal

6. Applicant preferred First Appeal on 09 January 2024 to First Appellate Authority, aggrieved by the exempted information from Public Information Officer, Headquarters 4 Infantry Division.

7. Having considered the Appeal in its entirety Appellate Authority issued the order that the information sought by the applicant has been rightly exempted under the provision of section 8 1 (j) & 11 (1) of Right to Information Act 2005 (Copy enclosed).

Submission.

9 Personnel Information not related to Public Activity: Section 8 1 (j) of the RTI Act provides that "Information which relates to personal information the disclosure of which has no relationship to any pub