Case Note & Summary
The case involves two writ petitions filed by the Public Information Officer and the First Appellate Authority of Santaji Mahavidyalaya, Nagpur, challenging orders dated 07.10.2016 passed by the State Information Commissioner, Nagpur Bench. The orders directed the petitioners to furnish information sought by Respondent No. 2, Sanjay Lohitkar, under the Right to Information Act, 2005. The information sought pertained to personal details of employees of the college, including service books, medical certificates, and attendance records. The petitioners argued that the orders were passed without considering the exemption under Section 8(1)(j) of the RTI Act, which protects personal information from disclosure unless there is a larger public interest. They relied on the Supreme Court judgment in Girish Ramchandra Deshpande v. CIC, which held that personal information of employees of a private aided college is exempt from disclosure. The court analyzed the provisions of Section 8(1)(j) and the Government Resolution dated 17.10.2014, which also protects such information. The court held that the information sought was personal and had no relationship to any public activity or interest. The public interest in disclosure was not established. The court quashed the impugned orders and allowed the writ petitions, directing that the information not be disclosed.
Headnote
A) Right to Information - Exemption from Disclosure - Section 8(1)(j) of Right to Information Act, 2005 - Personal Information - The court considered whether personal information of employees of a private aided college, such as service books, medical certificates, and attendance records, could be disclosed under the RTI Act. The court held that such information is exempt from disclosure under Section 8(1)(j) as it is personal information having no relationship to any public activity or interest, and the public interest does not justify disclosure. (Paras 2-22) B) Right to Information - Precedent - Girish Ramchandra Deshpande v. CIC - The court applied the ratio of the Supreme Court in Girish Ramchandra Deshpande v. CIC, which held that personal information of employees of a private aided college is exempt from disclosure under Section 8(1)(j) of the RTI Act. The court found that the impugned orders were passed without considering this binding precedent. (Paras 3-22) C) Right to Information - Government Resolution - Government Resolution dated 17.10.2014 - The court noted that the Government Resolution dated 17.10.2014 also protects personal information of employees from disclosure under the RTI Act. The impugned orders were contrary to this resolution. (Paras 3-22)
Issue of Consideration
Whether the State Information Commissioner erred in directing disclosure of personal information of employees of a private aided college under the Right to Information Act, 2005, without considering the exemption under Section 8(1)(j) and the law laid down by the Supreme Court in Girish Ramchandra Deshpande v. CIC.
Final Decision
The court allowed the writ petitions, quashed the impugned orders dated 07.10.2016, and directed that the information sought by Respondent No. 2 not be disclosed.
Law Points
- Right to Information Act
- 2005
- Section 8(1)(j)
- privacy
- personal information
- public interest
- Girish Ramchandra Deshpande v. CIC
- Government Resolution dated 17.10.2014
