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RTI >> Judgments >> CIC >> Third Party Information
Supreme Court(Third Party Information)/ High Courts(Third Party Information)
1 CIC/DSHIP/A/2017/119776 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.
2 CIC/DEPOL/A/2017/114146, CIC/DEPOL/A/2018/112849, CIC/DEPOL/A/2017/124953 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.
3 CIC/SBIND/A/2017/103744 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.
4 CIC/NRAIL/A/2017/145203 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.
5 CIC/POSTS/A/2017/304586 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.
6 CIC/BSNLD/A/2016/298476 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.
7 CIC/BS/A/2016/900115 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.
8 CIC/BS/C/2015/000108 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.
9 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 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.
10 CIC/MP/A/2016/001646 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.
11 CIC/MP/A/2016/001548 28 Nov, 2016 Kazi Abdul Shafi vs Life Insurance Corporation of India, Mumbai

Section 8(1) (e) Fiduciary Relationship. The appellant sought a copy Of the clarification provided by an agent Of the LIC of India in his case.

The Commission held that as far as the copy of the clarification was concerned, the clarification was sought by the LIC, the employer, from their agent and it was a matter between the LIC and their agent and cannot be provided the appellant, who is a third party in this case
12 CIC/CC/A/2015/002288-SA 19 Sep, 2016 Ashutosh Tiwari Vs. NIT

Section 11(I) Third Party Information the Commission held that the appellant stated that he wanted to know the diagnostic details about his father, to provide him better treatment as he was suffering from past 27 months. The CPIO to show cause why maximum penalty should not be imposed against him for non-application of mind, non-compliance with the provisions of section 11 (I) of the RTI Act, etc., within 21 days from the date of receipt of this order. The Commission also directed the public authority to explain why compensation should not be granted to the appellant for harassing him.
13 CIC/RM/A/2014/000535DP 26 Apr, 2016 Manisha Bhaskar Ahluwalia vs IHQ of MOD (Army), New Delhi

Section 11 Third Party Information

The Commission held that the details of moveable and immoveable property of Supreme Court Judges is available on the website of the Apex Court. Conduct Rules for top Government officials belonging to All India Services and Central Services stipulates annual submission of details of immoveable property which is put on the official website of the department.

The CPIO cannot reject the request of the appellant for information on moveable and immovable property of her husband being third party information under section 11(1) and personal information under section 8(1)(j) of the Act. The Appellant is asking for information under RTI for fighting maintenance case for herself and her minor daughter in Civil Court. It will not be justified to deny her the information by keeping it under the exemption clause of the RTI Act. If justice is denied to the appellant it would not only harm her interests but society at large, In larger public interest disclosure of information is ordered.
14 CIC/BS/A/2014/001310/7739 29 May, 2015 B. N. Singh Vs. CPIO & Assistant Director, ESIC

The appellant filed sought various information regarding a particular contractor. The PIO denied the information as it is personal in nature, relates to third party and if disclosed would cause unwanted invasion of his privacy and will also harm his competitive position and no public purpose has been demonstrated by the appellant to the disclosure.
The Commission held that the Information relating to the affairs of a private entity the disclosure of which can possibly have an adverse effect on the competitive position of the entity, is exempt under section 8(l)(d) of the RTI Act. Section 8(1)(j) exempts personal information relating to individuals and unincorporated entities. The basic protection from disclosure afforded by virtue of these statutory exemptions cannot be lifted or disturbed unléss the petitioner is able to justify how such disclosure would be in 'public interest'.
15 CIC/SA/A/2014/001377 25 Mar, 2015 Devidayal Sharma Vs. PIO, O/o Dy. Controller

The appellant sought to know the GPF statements for the year 1996-1997 ad 1997-98 of GPF Account of one Sh. Ashok Kumar Malik. The CPIO furnished some information without seeking third party approval.

The Commission held that it is surprised to know how CPIO had given personal information of Sh. Ashok Kumar Malik without following procedure of section 11 of the RTI Act. He should have taken consent of Sh. Ashok Kumar Malik before disclosing the information. The Commission, therefore, directed the PIO to show cause why maximum penalty could not be imposed against him for disclosing personal information violating the procedure described by RTI Act.
Total Case uploaded: 60