Case Note & Summary
The petitioner, Rajesh Ramchandra Kidile, an Assistant Engineer in the Minor Irrigation Department, Chandrapur, filed a writ petition challenging an order of the Maharashtra State Information Commission, Nagpur Bench, which directed the disclosure of his salary slips for the period from 1st April 2012 to 31st December 2014. The information was sought by respondent No.4, an advocate, who claimed to represent the petitioner's estranged wife in maintenance proceedings. The petitioner argued that salary slips are personal information exempt under Section 8(1)(j) of the Right to Information Act, 2005, relying on the Supreme Court's decision in Girish Ramchandra Deshpande v. Cen. Information Commr. The respondents contended that salary of a public servant is in the public domain and that the purpose of seeking the information was bona fide for maintenance litigation. The High Court examined the application and found that it was filed by the advocate in his own name, not on behalf of the wife. The Court held that the information sought was personal information of the petitioner and that no larger public interest was shown to justify disclosure. The Court quashed the impugned order of the Information Commission and allowed the petition, ruling that the salary slips are exempt from disclosure under the RTI Act.
Headnote
A) Right to Information - Personal Information Exemption - Section 8(1)(j) of Right to Information Act, 2005 - Salary slips of a public servant - The Court held that salary slips of a public servant for a specific period constitute personal information which is exempt from disclosure under Section 8(1)(j) of the RTI Act, unless a larger public interest is shown. The mere fact that the information is sought for a bona fide purpose (maintenance proceedings) does not override the statutory exemption. The Court relied on Girish Ramchandra Deshpande v. Cen. Information Commr. (AIR 2012 SC (Supp) 690) to hold that personal information cannot be disclosed under the RTI Act. (Paras 4-8)
Issue of Consideration
Whether salary slips of a public servant for a specific period constitute 'personal information' exempt from disclosure under the Right to Information Act, 2005, and whether the purpose of seeking such information (for maintenance proceedings) affects the exemption.
Final Decision
The High Court allowed the writ petition, quashed the impugned order of the Maharashtra State Information Commission, and held that the salary slips of the petitioner are personal information exempt from disclosure under Section 8(1)(j) of the Right to Information Act, 2005.
Law Points
- Personal information of a public servant cannot be disclosed under RTI Act unless larger public interest is shown
- Salary slips of a public servant are personal information exempt under Section 8(1)(j) of RTI Act
- 2005
- The purpose of seeking information does not override statutory exemption
