Case Note & Summary
The appellant challenged the dismissal of his request for information under the Right to Information Act, 2005 regarding the Annual Confidential Report (ACR) of a public servant, Ms. Jyoti Balasundaram. The appellant initially filed an application with the Central Public Information Officer (CPIO) on 7th October 2009, seeking copies of note sheets and correspondence related to Ms. Balasundaram. The CPIO denied the request citing Section 8(1)(j) of the RTI Act, which exempts personal information from disclosure unless public interest justifies it. The appellant's subsequent appeals to the Appellate Authority and the Central Information Commission were also rejected. The Delhi High Court upheld the decision of the Single Judge, stating that ACRs are personal documents and can only be disclosed in cases of overriding public interest. The Division Bench reiterated the necessity of following the procedure under Section 11 of the RTI Act, which requires notice to the concerned third party before disclosure. The court emphasized that the information sought was integral to the ACR and did not constitute a separate request. The appellant argued that the matter related to public interest due to the public servant's role, but the court found that the privacy of the individual outweighed the public interest claim. The Supreme Court ultimately dismissed the appeal, affirming the lower court's decision and maintaining the exemption for personal information under the RTI Act.
Headnote
A) Right to Information - Privacy Exemption - Disclosure of personal information - Right to Information Act, 2005, Section 8(1)(j) - The court held that the information sought related to personal information of a public servant and its disclosure would cause unwarranted invasion of privacy unless larger public interest justified it. The appeal was dismissed as the information did not meet the criteria for disclosure under the Act. (Paras 12-17).
Issue of Consideration
Whether the information sought under the Right to Information Act regarding the ACR of a public servant can be disclosed considering privacy and public interest.
Final Decision
The Supreme Court dismissed the appeal, affirming the lower court's ruling that the information sought was personal and exempt from disclosure under Section 8(1)(j) of the RTI Act. The court emphasized the need to follow the procedure under Section 11 for third-party information.
Law Points
- Right to Information
- privacy exemption
- public interest
- third party information
- disclosure procedures
