Personal financial information, including salary and retirement benefits of a spouse, is exempt from disclosure under Section 8(1)(j) of the RTI Act, as matrimonial disputes do not constitute 'larger public interest' and adequate legal remedies exist through the courts for such disclosures.

Relevant facts emerging from Second Appeal:

RTI application filed on : 07.08.2024

CPIO replied on : 18.09.2024

First appeal filed on : 18.10.2024

First Appellate Authority’s order : 08.11.2024

Second Appeal dated : 18.10.2024

Information sought:

1. The Appellant filed an RTI application on 07.08.2024 seeking the following information:

“Sub: Request to furnish information under section 6(1) of the Right to Information Act, 2005 on the following points:

1) Monthly Salary slip of S. No. 749411-G, @wo Mukul Sharma, Rdo/Fit., 127 H U, AF from May 2024 to Aug 2024

2) Retirement benefits/total emoluments of above said airman.

3) Leave encashment

4) AFGIS

5) Gratuity

6) Commutation etc.,

7) PPO”

2. The CPIO furnished a reply to the appellant on 18.09.2024 stating as under:

“1) Reference is made to your application dated 07 Aug 24 under RTI Act, 2005, received by CPIO, Air HQ (VB) on 16 Aug 24.

2) Information sought vide your RTI application is mentioned below :-

Para 1 to 7: Information sought vide these paras contains 'personal information', which is related to third party, the disclosure of which would cause unwarranted invasion to the privacy of the individual. Hence, the same is exempted under Sec 8 (1) (j) of the RTI Act, 2005 as amended vide Para 44 (3) of Digital Personal Data Protection Act 2023. However, information sought with regard to pay details, it is brought out that an air warrior of JWO rank falls in the pay level of 6 as per the matrix of 7th CPC, which is already available in public domain.

3) The details of Appellate Authority is mentioned below: -

Air Officer-in-charge Administration

Air Headquarters (Vayu Bhawan)

Rafi Marg, New Delhi - 110106

Tele: 011-23012934/5100”

3. Being dissatisfied, the Appellant filed a First Appeal on 18.10.2024. The FAA vide its order on 08.11.2024 stating as under:

“1) WHEREAS, Smt Sunanda Sharma had submitted an application dated 07 Aug 24 under RTI Act, 2005. It was received by the CPIO, Air HQ on 16 Aug 24.

2) AND WHEREAS, the appellant was replied by the CPIO vide letter No. Air HQ/25005/-/32795/PS (RTI) dated 18 Sep 24.

3) AND WHEREAS, the appellant has submitted the present appeal dated 18 Oct 24, which was received by the Appellate Authority on 23 Oct 24.

4) AND WHEREAS, I, being the First Appellate Authority having examined the RTI application, the reply given by the CPIO, submission/ contention in the appeal and observe that the appellant vide RTI application had sought the information related to monthly salary, retirement benefits and PPO in respect of WO Mukul Sharma, which was rightly denied by the CPIO under Section 8 (1) (j) of RTI Act, 2005. It is intimated that WO Mukul Sharma is still serving, hence, the question of his PPO, commutation and other retirement benefits does not arise. Further, an air warrior of Warrant Officer rank falls in the pay level of 7 as per the matrix of 7th Pay commission which is already available in the public domain. In the instant appeal, the appellant has reiterated her request by citing some previous judgments of Central Information Commission. In this regard, it is brought out that the latest amendment to the RTI Act vide Para 44 (3) of the Digital Personal Data Protection Act, 2023, completely prohibits disclosure of any personal information irrespective of public interest clause and permissible information already given by the CPIO. The reply given by the CPIO is in order.

5) AND WHEREAS, the aforesaid decision is supported by the judgment of Delhi High Court in the case of Shri Vijay Prakash V/s Uol {WP(C) No. 803/2009}, wherein the Hon'ble Delhi High Court has held that "the litigation is, pure and simple, a private one. The basic protection afforded by virtue of the exemption (from disclosure) enacted under Section 8 (1) (j) cannot be lifted or disturbed."

6) NOW THEREFORE, in the light of above-mentioned facts and other material available on record I, as Appellate Authority, dispose of the appeal, submitted by Smt Sunanda Sharma, in terms of Para 4 of t