Excelsior Correspondent
Srinagar, Nov 12: High Court has quashed the judgment of the Central Information Commission (CIC) directing for providing information of the Principal of an educational institute by terming it as personal information of an employee.
The Division Bench of Justice Tashi Rabstan and Justice Sindhu Sharma while quashing the judgment of the CIC held that the performance of an employee or an officer in an organisation is primarily a matter between the employee and the employer and falls within the meaning of personal information which cannot be disclosed to under Right to Information (RTI).
The DB has termed the direction of the CIC for furnishing such information an unnecessary invasion in privacy. The plea was filed by the Kendriya Vidyalaya Sangathan (KVS) challenging the CIC’s decision on the plea of one Pushpa Devi who had submitted an application before the Public Information Officer of the KVS seeking information with regard to complaints filed against the Principal of the institution.
The PIO of the KVS had declined to provide the information to applicant-Devi on the ground that the information sought for qualifies as “personal information” within the meaning of provisions of Section 8(1)(j) of the RTI Act and the same cannot be provided to her.
She filed an appeal before the Central Information Commission against the refusal of PIO and the said appeal came to be allowed by the CIC directing the PIO to furnish information of Principal as sought to applicant-Devi with full details.
“After going through the file and the relevant clause of Right to Information Act, we are in agreement that the information sought for by the respondent (RTI applicant) falls under the expression personal information and the disclosure of which has no relationship to any public activity or public interest, rather it would cause unwarranted invasion of privacy of that individual,” the Court said.
The performance of an employee or an officer in an organisation, the court said, is primarily a matter between the employee and the employer and the disclosure of which has no relationship to any public activity or public interest,” the court said, adding, “On the other hand, the disclosure of which would cause unwarranted invasion of privacy of that individual.
Follow our WhatsApp channel