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RTI >> Judgments >> CIC >> Third Party Information
Supreme Court(Third Party Information)/ High Courts(Third Party Information)
S.No. CIC CASE DATE OF JUDGMENT JUDGMENT
1 CIC/DTGHS/A/2018/155892
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15 Feb, 2019 Shri R. P. Rohilla Vs. PIO/Dy. Director-(VP), Directorate General of Health Services,

Information sought
The Appellant filed an RTI application dated 21.06.2018, sought information regarding address of Ms. Sarveen Yadav & Ms. Reena Yadav being the candidates called for interview for the post of Auxiliary Nurse Midwife (ANM) in RHTC.
Dr. Charan Singh, Director & CPIO vide letter dated 24.07.2018 stated as follows:-
“it informed that the requisite information does not come under the purview of RTI Act 2005. Hence, the address of the individual cannot be disclosed without her consent”.

Decision
The Commission finds no infirmity in the FAO. Section 11 of the RTI Act does not cast an obligation on the PIO to resort to third party procedure in all cases. Section 11 comes into play only when the PIO proposes to disclose information which is personal to any third party. In the present case, the PIO held the information sought as personal and exempted under Section 8(1)(j) in absence of any element of larger public interest. Even before the Commission, no case of public interest has been established. Accordingly, the Commission finds the decision of PIO as well as FAA to be in line with law laid on the aspect. (See: Girish Ramchandra Deshpande vs. Cen. Information Commr. and Ors. (03.10.2012 – SC) : MANU/SC/0816/2012 & Canara Bank vs. C.S. Shyam and Ors. (31.08.2017 - SC) : MANU/SC/1068/2017)
2 CIC/CORPB/A/2017/164860
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07 Jan, 2019 Narendra Bahadur Singh Vs. CPIO, Corporation Bank

Information requested
The appellant requested information relating to bank account details, Mobile number, and whether the said account is a Savings or Current account, or is it held jointly.

Decision:
The respondent submitted that the appellant’s RTI application dated 03.06.2017 was received by the Bank on 07.06.2017. The respondent further informed that the appellant is not a signatory to the account in respect of which the information has been sought by him. Subsequently, the CPIO vide reply dated 03.07.2017 informed the appellant that the information sought by him pertains to the account of a third party, which is held by the Bank in a fiduciary capacity. Moreover, it also contains personal information of the third party, the disclosure of which has no relationship to any public interest and would cause an unwarranted invasion of the privacy of the third party. Hence, its disclosure is exempted under Section 8(1)(e) and (j) of the RTI Act.

The above stand taken by the respondent has been upheld by the CIC
3 CIC/SCRLS/A/2017/112395/SD
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07 Jan, 2019 Noorjahan Begum Vs. CPIO, Central Railway, General Manager’s, Secundrabad

Information requested
The Appellant sought information regarding Mohammed Yahya working as Technician - III in C & W Mechanical, SCR in terms of copy of his pay slip for the month of April, 2016, copy of his service book along with details of his nominee and marriage, whether he has disclosed any details of criminal cases registered against him etc.

Decision :
Appellant stated that she is pursuing her alimony case against her estranged husband and wants to know the details of his salary emoluments.

CPIO submitted that information sought has been denied under Section 8(1)(j) of the RTI Act as the third party refused to give his consent to disclose the information sought in the RTI Application.

Commission observes that although no infirmity lies in the CPIO reply, however, the total emoluments of the concerned railway employee under reference should have been disclosed as part of suo-motu disclosure under Section 4(1)(b)(x) of the RTI Act.

In view of this, Respondent No. 2 is directed to provide the total emoluments of the concerned railway employee for the month of April 2016 to the Appellant free of cost within 15 days of receipt of this order. A compliance report to this effect shall be duly sent by Respondent No.2 to the Commission.
4 CIC/DSLSA/A/2017/133231/HCDEL
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07 Jan, 2019 Sunita Jha Vs. CPIO, Delhi High Court Legal, Service Committee, Delhi High Court, New Delhi

Information requested
The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Delhi High Court Legal Service Committee (DHCLSC), Delhi High Court (DHC), New Delhi seeking information on two points, pertaining to applicants granted free legal service by DHCLSC, including, inter-alia (i) complete case-wise details of each 296 applications as stated in an earlier RTI reply with respect to grant of free legal service, and (ii) particulars related to monetary assistance given to each of the 296 applicants along with certified copies of all 296 applications.

Decision
The Commission, after hearing the submissions of the respondent and perusing the records, notes that the information sought by the appellant relates to personal information of third parties i.e. the 296 applicants, the disclosure of which has no relationship to any public interest and would cause an unwarranted invasion of the privacy of the third parties. Hence, its disclosure is exempted under Section 8(1)(j) of the RTI Act.

With the above observations, the appeal is disposed of.
5 CIC/DSHIP/A/2017/119776
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11 Jul, 2018 S P Sinha Vs APIO Ministry of Shipping

ISSUE : The appellant sought information relating to appointment letters for the last 15 years in respect of Hindi Typists, Stenographer, promotion orders of Hindi Typist for the last 15 years and copy of DPC minutes and noting portions of the concerned promotion files of Mercantile Marine Deptt, Mumbai and other related information.
Not satisfied with the reply of the CPIO he filed appeal before the CIC.
DECISION :After scrutiny of the reply given by the CPIO the CIC gave the following directions :
Section 11(1) procedure to be applied in third party information requests.
Fix a joint inspection of the relevant records on a mutually convenient date, time and place in respect of voluminous records and give the requested information under section 7(6) of the Act free of cost.
6 CIC/DEPOL/A/2017/114146, CIC/DEPOL/A/2018/112849, CIC/DEPOL/A/2017/124953
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04 Jul, 2018 Hans Raj Chugh Vs DDA

ISSUE :Appellant had requested for the action taken report with reference to a show cause notice issued to a third party. The CPIO rejected the request on the ground that the third party had stated specifically by name not to provide the information.
DECISION : After perusing the relevant records the CIC directed the CPIO to provide the complete status report to the appellant as the Commission found that the objection of the third party was not legally tenable considering that information sought was not personal in nature. Thus the reply of the PIO and the FAA was set aside.
7 CIC/DDATY/A/2017/120360
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04 Jul, 2018 Hans Raj Chug Vs. PIO, Dy. Director (Bldg)/C&I, Delhi Development Authority

Information sought
Vide RTI application dated 08.11.2016, the appellant sought action taken report w.r.t. SCN dated 21.10.2005 & 09.02.2011 and other information. CPIO/Asstt. Dir. Arch. (Bldg.)/C&I/PIO vide letter dated 27.12.2016 informed that the owner of the plot no. 6 i.e. M/s Jaina Property Pvt. Ltd vide their letter dated 05.09.2011 categorically mentioned your name for not providing any information under RTI Act 2005. Hence the information sought by the appellant is third party information and it cannot be provided. Dissatisfied with response received from PIO, the appellant filed first appeal. FAA/Director Building vide letter dated 10.03.2017 observed that the reply given by the PIO found in order and appeal disposed of. Feeling aggrieved as denial of information, the appellant approached the Commission.

Decision
Upon hearing the averments of the parties, the Commission hereby directs the Respondent to furnish a complete status report clearly indicating: i) whether the allegation of the appellant is correct, ii) whether the Show Cause notice/s referred by him were indeed issued and if so, what follow-up action has been taken pursuant to the issuance of these notices. This status Report shall be submitted by the respondent within three weeks of receipt of this order, failing which noncompliance Notice shall be issued by this Commission upon Sh. Praveen Dhamija-the Dy. Director, present during the hearing.
8 CIC/SBIND/A/2017/103744
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19 Apr, 2018 Ashok Pandit Vs CPIO, SBI, Khagaria, Bihar

ISSUE : The applicant sought the total number of KCC loans sanctioned from 5/8/16 till date along with the certified copy of the Land Possession Certificate and land receipts. No information was provided by the CPIO.
DECISION : Total number of KCC loans sanctioned for the period requested for to be given. However, LPC and land receipts are personal information of the third parties i.e the borrowers which is held by the bank in a fiduciary capacity the disclosure of which is exempted under sections 8(1)(e) and (j) of the RTI Act,2005.
9 CIC/NRAIL/A/2017/145203
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05 Dec, 2017 Madhu Vs DRM Office, Northern Railway

ISSUE : The appellant applied for a copy of her husband’s caste certificate to enable her to apply for caste certificate for her daughter. The information was not supplied under section 8(1)(j).
DECISION : The Commission directed the CPIO to initiate procedure under section 11(1) of the RTI Act,2005 as the appellant did not submit any cogent reason to demonstrate the involvement of a larger public interest in the case.
10 CIC/POSTS/A/2017/304586
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31 Jul, 2017 Malabika Dey Vs. PIO, Department of Posts

The appellant sought copies of list of KVP certificate lying in the name of the appellant’s deceased husband Late Rubin Dey, Rabin Kumar Dey or Rabindra Nath Dey; name of the nominees of the appellant’s husband, copies of certificate no. 52171, 52172, 52173, 52174 and 52175 dated 08.12.2008. CPIO replied on 20.02.2016 and provided the name of the nominee. FAA upheld the CPIO’s decision and stated that the information provided is sufficient. Being dissatisfied, the appellant has approached the commission The officer stated that the appellant was supplied with the information about her husband’s account details along with all joint-holding accounts details but the copy of certificate for purchasing the NSC was not provided. The Commission directs the respondent authority to provide the copy of certificate for purchasing NCS to the appellant, within 15 days from this date. Disposed of.
11 CIC/BSNLD/A/2016/298476
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24 Jul, 2017 Sh.Balakrma Tanwar Vs.CPIO, TDM, BSNL, Khandva Distt.

The appellant filed RTI application dated 24.05.2016 seeking certified copy of 1st and 2nd page of service book of Shri Ramnarayan S/o Genda Lal.; certified copy of his academic certificates; copy of domicile certificate etc. CIC directed the CPIO to provide to the appellant information viz. copy of service book of Shri Ramnarayan within 15 days of receipt of this order. The personal information for example, permanent address, educational qualification and details of family shall be deleted from the service book and rest of the information shall be provided.
12 CIC/BS/A/2016/900115
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30 Mar, 2017 Mr. Yugandhar Reddy Kadiveti Vs. Central Public Information Officer Asstt. GM (Admn./Mktg.) BSNL, Kadapa

The appellant filed RTI application dated 09.03.2015 seeking information on 5 points regarding LTC availed by Sri M Eswara Reddy, DE (Rtd.) BSNL. CPIO stated that “information sought by him is related to third party information, the disclosure of which may cause unwarranted invasion of privacy of third person and it is also not associated with any public activity or interest. The same is exempted from disclosure under Section 8(1)(j) of the RTI Act, 2005”. CIC upheld the decision of CPIO.
13 CIC/BS/C/2015/000108
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24 Mar, 2017 Mr. Pradeep Kumar, Haryana Vs. Central Public Information Officer Supdt., M/o. Comm. & I.T.,, Gurgaon.

The respondent stated that, they have informed the complainant that the information sought by him is related to third party information. The respondent further stated that they have approached third parties but they have refused to provide the information to the complainant. The same has been informed to the complainant. CIC upheld the decision of CPIO.
14 CIC/BS/A/2015/001922 CIC/BS/A/2015/001978 CIC/BS/A/2015/001979 CIC/BS/A/2015/001980 CIC/BS/A/2015/001981
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24 Mar, 2017 Rohit Sabharwal, Kundan Bhawan, Ludhiana Vs. Central Public Information Officer, BSNL, Chandigarh

The CPIO stated that in terms of Girish Ramchandra Deshpande Vs. Central Information Commissioner and Ors. [SLP (Civil) No. 27734 of 2012, judgment dated 3 October, 2012] copy of the vigilance files and the enquiry report which is not related to the appellant cannot be given. CIC upheld the decision of the CPIO.
15 CIC/MP/A/2016/001646
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14 Dec, 2016 Kishan Gopal vs Life Insurance Corporation of India, Ajmer

Section 8(1)(e) Fiduciary Relationship. Section 8(1)(j) Personal Information. The Commission held that the appellant was not connected with the policy in any way and the information sought by him, was held in trust by the LIC for the policy holder/nominee and pertained to third party, it could not be provided to him u/ s 8(1)(e) and (j) of the RTI Act. No larger public interest was also involved in the matter.
Total Case uploaded: 65