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2024 Supreme(Online)(Del) 31554

IN THE HIGH COURT OF DELHI AT NEW DELHI
Subramonium Prasad, J
KAMAL BHASIN – Appellant
Versus
CENTRAL PUBLIC INFORMATION OFFICER AND ANR – Respondent
W.P.(C) 2210/2020



Advocates:
For the Appellants/Petitioners:Petitioner in-person
For the Respondents:Mr. Jagdeep Kishore, Advocate for R-2

The court upheld that personal information related to individuals is exempt from disclosure under the RTI Act unless larger public interest is proven.

Headnote:In analyzing the Right to Information Act, the case arises from a petition seeking various employment-related data from the Power Finance Corporation Limited, which argued transparency but faced objections based on privacy concerns under Sections 8(1)(j) and 7(9). The petitioner contended for public interest in disclosing educational backgrounds to prevent employing individuals from de-recognized institutions. However, the court upheld that personal information of executives is exempt from disclosure. Ultimately, the court dismissed the petition as information compliant with the CIC's former order was provided. The writ petition is disposed of.

Table of Content
1. petitioner seeks information related to executive recruitment. (Para 1 , 2 , 5)
2. information compliant with previous orders deemed sufficient by the court. (Para 4 , 8 , 10)
3. court addresses public interest in disclosure versus personal privacy. (Para 6 , 11 , 12)
4. writ petition concludes with a ruling based on compliance. (Para 14)

JUDGMENT

1. The Petitioner has approached this Court with the following prayers:-

“i) Direct the respondent-1 to provide the following information to the petitioner as under :

a) Qualifications and passing Institute /university of individual executives being recruited at induction level in PFCL during the period from the year 2010 to 2015.

b) Certified copy of the approved Man-power Requirements Budget for executives.

c) Certified copy of the Agreement/ Memorandum of understanding between PFCL and its Subsidiaries for outsourcing the recruitment for executives at the induction level and deployment.

ii) Set aside order dated 1st November, 2019 passed by the Ld Chief Information Commissioner.

iii) Pass such order (s) as the Hon’ble Court may deem fit and proper on the facts and in the circumstances of the case.”

2. The instant writ petition arises out of an application dated 24.06.2014 filed by the Petitioner under the Right to Information Act with the Public Information Officer of the Power Finance Corporation Limited stating that the Corporation has witnessed manifold increase in the strength of its manpower over the last five years which attributed to its massive recruitment of executives at the induction levels and the following information was sought:-

“The Corporation has witnessed a manifold increase in the strength of its men-power over the last 5 years which attributed to its massive recruitment, of the executives done at the induction level (El) and therefore, the information related to the Corporation in this regard may kindly be provided as under:

(i)Certified Copy of the Recruitment Policy on the Executives

(ii)Certified Copy of the Manpower Requirement Budget for Executives

(iii)A total number of executives at the induction level have been recruited during the last 5 years (i.e. from the year 2010 to 2015) with detailing their Name, Qualifications, Name of the Passing Institute/university and their present posting in the corporation.”

3. A reply was given by the CPIO, Power Finance Corporation Limited on 10.07.2015, which reads as under:-

S. No.Information soughtReply
(a)Certified copy of the Recruitment Policy of the Executives.Certified copy of the Recruitment Policy of the Executive is annexed at Annexure-A.
(b)Certified copy of the Manpower requirement budget for Executives.Latest approved Manpower Budget for Executives in PFC is 386.
(c)A total number of the executives at The induction level, which have been Recruited during the last 5 years (i.e. From the year 2010 to 2015) with detailing their name, Qualifications, . Name of the passing Institute/ University and their present posting ' in the Corporation.C Information with respect to name and present posting (along with present designation) of the executives is annexed at Annexure-B. ompiling individual qualifications and the names of passing Institute/University from the different individual files of candidates would disproportionately divert the resources of PFC, therefore information is exempted from being provided under Section 7(9) of the RTI Act, 2005.

4. The Petitioner was not satisfied with the said reply and, therefore, filed an appeal under the RTI Act. The Appellate Authority vide Order dated 28.08.2015 dismissed the appeal filed by the Petitioner. Thereafter, the Signature Not Verified Digitally Signed W.P.(C) 2210/2020 Page 3 of 8 Petitioner filed a second appeal. The CIC vide Order dated 28.10.2016 directed the Respondent herein to file a supplementary reply to satisfy the query raised by the Petitioner. The supplementary reply was filed before the CIC and ultimately vide Order dated 22.06.2017, the CIC disposed

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