Disclosure of personal information under the RTI Act is exempt unless larger public interest is established.

Information sought:

1. The Appellant filed an RTI application dated 22-03-2024 seeking the following information:

“Need pay slip of the Mr. Chandrakant Verma, for the duration of January 2024 to february 2024, who is my husband and his details are as follows-

Employee Name Chandrakant Verma

Employee Father name Bhuwan Lal Verma

DOB 10-JULY-1976

Post Assistant Loco Pilot/CCC Bhilai

Employee no 424N0450195

Division SOUTH EAST CENTRAL RAILWAY, RAIPUR DIVISION”

2. The CPIO furnished a reply to the Appellant on 08-04-2024 stating as under:

"मांगी गई जानकारी तृतीय पक्ष से संबन्धित है अतः सूचना अधिकार अधिनियम 2005 के पारा 8 (1) j के तहत प्रदान नहीं की जा सकती है।"

3. The Appellant filed a First Appeal dated 12-04-2024. The F.A.A vide its order dated 26-04-2024 had given following reply:

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

Relevant Facts emerged during Hearing:

The following were present:-

Appellant: Not Present.

Respondent: Shri Mahinder Kumar Sharma, 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 01.07.2024 is not available on record.

Respondent confirms non-service.

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

7. The Respondent while defending their case inter alia submitted that at the stage of disposal of first appeal of the Appellant, the FAA had provided information to the Appellant regarding gross income and PF deductions of Shri Chandrakant Verma. Pay-slip of third-party cannot be furnished under the RTI Act, as it is personal information of third-party, which is exempted from disclosure under Section 8 (1)(j) of the RTI Act.

Decision:

8. The Commission has carefully perused the records of the case and considered the submissions of the Respondent. At the outset, it is observed that the Appellant sought copies of the pay slips of her husband, Shri Chandrakant Verma, Assistant Loco Pilot, South East Central Railway, Raipur Division, for the period January 2024 to February 2024. The CPIO denied the information under Section 8 (1)(j) of the RTI Act, 2005 on the ground that the information pertains to a third party. The FAA, however, while disposing of the First Appeal, provided details of the average annual gross emoluments and deductions for the financial year 2023–2024.

9. The Commission notes that salary particulars, including detailed pay slips, constitute personal information relating to an individual employee. Such information includes details of earnings, deductions, income tax, provident fund contributions and other financial particulars, disclosure of which would amount to an invasion of the privacy of the concerned employee. The Hon’ble Supreme Court in Girish Ramchandra Deshpande has categorically held that personal information relating to service records, salary, assets, etc., is exempt from disclosure under Section 8(1)(j) of the RTI Act unless larger public interest is established. The said principle has been consistently reiterated in subsequent judgments including Central Public Information Officer, Supreme Court of India v. Subhash Chandra Agarwal .

10. In the present matter, the Appellant has neither established any larger public interest warranting disclosure nor placed on record any authorization from the concerned employee permitting disclosure of his detailed pay slips. Merely being the spouse of the employee does not automatically entitle the Appellant to access personal financial information under the RTI Act. The relationship between the parties does not dilute the statutory exemption available under Section 8 (1)(j) of the Act.

11. The Commission further observe