Disclosure of personal details of Babus is exempted







Disclosure of personal details of Babus is exempted under RTI

The supreme court held that the clause (j) of section 8(1) of the Right to information Act prohibits the state or central government from any personal disclosure of any information in regard to their income tax returns of the public servant, government officers as long as there isn’t any larger public information involved in regards to their information and the Central Public Information Officer or State Public Information Officer or the appellate authority was satisfied with the fact that a disclosure of the information larger public interest would be justifiable to the public but the disclosure of such information would amount infringing the persons privacy rights. The bench of Justice KS Radhakrishnan and Justice Dipak Misra were of the opinion that under the transparency law, any information on the officer cannot be made public as the information containing of an employee is that of personal in nature and is to be kept with employer itself within the organization.

The petitioner who had filed for the RTI had approached the Regional Provident Fund Commissioner (Ministry of Labour) on August 27, 2008, before the Supreme Court seeking various details as that of service records   and also the details of his assets, liabilities and movable and immovable assets of the person who was employed as an enforcement officer in the sub-regional office, Akola. The Supreme Court has dismissed the appeal on the ground that all the personal information which for which the petitioner wants to gain information on came under the expression of ‘personal information’. The court further said that the petitioner had failed to succeed in establishing the fact that the information which the petitioner was trying to seek was that of larger public interest, therefore the court did not see any point in entertaining such special leave petition and thus it was dismissed.

Priyanka S Kumar
School of Law Christ University,
Bangalore

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