Personal information, including salary details of an employee, is exempt from disclosure under the RTI Act unless a larger public interest is demonstrated.

Information sought:

1. The Appellant filed an RTI application dated 20-05-2024 seeking the following information:

"ललित कुमार झारिया ALP (असिस्टेंट लोको पायलट) (EMP No. 212298055150) की Pay Slip (वेतन पर्ची) माह फरवरी, मार्च एवम अप्रैल-2024 (3 माह की प्रमाणित) प्रति प्रदान करें।"

2. The CPIO furnished a reply to the Appellant on 28-05-2024 stating as under:

"आवेदक द्वारा ललित कुमार झरिया, ALP EMP NO. 21229805150, की माह फ़रवरी मार्च एवं अप्रैल 2024 की प्रमाणित वेतन पर्ची मांगी गयी है। मांगी गयी जानकारी कर्मचारी की निजी जानकारी है एवं किसी भी व्यक्ति विशेष की जानकारी में व्यापक लोकहित निहित नहीं है अतः आर टी आई अधिनियम 2005 के नियम 8 (1) (J) के प्रावधान अनुसार देय नहीं है।"

3. The Appellant filed a First Appeal dated 14-06-2024. The F.A.A upheld the reply of CPIO vide order dated 24-06-2024.

4. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.

Relevant Facts emerged during Hearing:

The following were present:-

Appellant: Present through Video-Conference.

Respondent: Shri Pankaj Kumar Sinha, APO & APIO present through Video- Conference.

5. Proof of having served a copy of Second Appeal on Respondent while filing the same in CIC on 15.07.2024 is not available on record.

Respondent confirms non-service.

6. Written submissions of the Respondent are taken on record.

7. The Appellant, during the hearing, reiterated the contents of her RTI application and instant appeal and submitted that she had sought specific information related to her husband, but the Respondent wrongly denied the same under Section 8 (1)(j) of the RTI Act. She further apprised the Commission that the matter between her husband has now been settled and are residing together. But still such information should be provided to her.

8. The Respondent while defending their case inter alia submitted that they have categorically informed the Appellant that the information sought by her is personal information of third-party, which is exempted from disclosure under Section 8 (1)(j) of the RTI Act. Further, third-party has also denied disclosure of his information to the Appellant.

Decision:

9. The Commission has carefully considered the records of the case and the submissions made by both the parties during the hearing. At the outset, the Commission notes that the Appellant has sought certified copies of the pay slips of Shri Lalit Kumar Jharia, Assistant Loco Pilot, for the months of February, March and April 2024. The CPIO denied the information invoking Section 8 (1)(j) of the RTI Act, 2005 on the ground that the same constitutes personal information of a third party, the disclosure of which has no relationship to any public activity or public interest.

10. The Commission observes that salary particulars and pay slips of an individual employee contain details relating to gross salary, deductions, recoveries, loans, tax components, and other personal financial information. Such information squarely falls within the ambit of “personal information” as contemplated under Section 8 (1)(j) of the RTI Act.

11. The Hon’ble Supreme Court in Girish Ramchandra Deshpande v. CIC & Ors. has held that details such as service records, income tax returns, and other personal information of an employee are exempt from disclosure under Section 8 (1)(j) unless larger public interest is demonstrated. Similarly, in Canara Bank v. C.S. Shyam , the Hon’ble Apex Court reiterated that personal information of employees cannot be disclosed in the absence of any overriding public interest.

12. In the present case, the information sought pertains to the Appellant’s husband. However, the RTI Act does not distinguish between spouse and any oth