Personal details of public servants may not be withheld under the Right to Information Act if they don't infringe on privacy significantly, emphasizing public interest.

ORDER

The Writ Petition has been filed in the nature of a Certiorarified Mandamus seeking records relating to an order dated 30.04.2024 with specific reference to the direction in para No.8(2) of the said order passed by the first respondent, the Commissioner, the State Information Commission, Chennai and to set aide the same and direct the respondents to provide information sought by the petitioner in Application dated 01.02.2023.

2. In the affidavit filed in support of the Writ Petition, it had been stated that the petitioners had sought information from the third respondent about the disproportionate wealth of an Assistant Engineer in the Water Reservoir Project Sub-Division, Krishnagiri Taluk, Krishnagiri District, by application dated 01.02.2023. The information had not been furnished. The petitioner then filed a first appeal under Section 19(1) of the Right to Information Act, 2005 before the second respondent. But the information had again not been furnished. The petitioners then filed a Second Appeal before the first respondent in S.A.No. 7063 of 2023. Again the information was not provided.

3. The petitioners then filed a petition under Section 6(1) of the Right to Information Act 2005 before the third respondent and sought information relating to the Panchayat Secretary relating to his service Register book from the date of his first joining as a Government Servant till 31.01.2023 and also about the movable and immovable assets in his name and in the names of his family members.

4. It had been stated that the District Collector had given instructions to provide information relating to the assets of individuals and the loans and mortgage loans and other loans taken by them. 5. The petitioners had then filed W.P.No. 34276 of 2023 seeking early disposal of S.A.No. 7063 of 2023. A direction was given that the said Second Appeal should be examined and orders passed. The petitioners then gave a representation on 13.03.2024 for compliance of the said order. It had been stated that an order had been passed on 30.04.2024 holding that the information sought related to the personal information of the individual which cannot be granted. It is under those circumstances that the Writ Petition had been filed.

6. The fourth respondent had filed a counter affidavit wherein it had been stated that he had received a letter dated 04.05.2024 from the third respondent regrading disclosure of his personal details. The fourth respondent had given a reply on

10.05.2024 not to disclose his personal details.

7. Heard arguments advanced.

8. The petitioners herein appear to have forwarded an application under the Right to Information Act, 2005 seeking personal details about the fourth respondent. The petitioners had sought information relating to the entries in the service register about his initial date of joining, the assets and liabilities in his name and in the names of his family members and such other similar details. The petitioner had received a communication from the third respondent that the information sought is protected under Section 8 of the Act and therefore cannot be granted. The same reasoning had been advanced by the first appellate authority and the second appellate authority.

9. It must be mentioned that Section 8(j) of the Right to Information Act 2005 had been amended by Act 2022 of 2023 by publication in the Gazettee of India on 11.08.2023. Prior to the amendment information relating to personal data may be disclosed, if the Officer is satisfied that it is required in the larger public interest.

After amendment, however, it had been stated as follows:-

Section 8(j) “an information which relates to personal information.”

10. It is thus seen that personal information has been exempted from disclosure.

11. The petitione