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news details
Service book of employees can't be sought under RTI'
SIC dismisses appeal against Drug & Food Control Org
6/12/2019 11:16:57 PM
Early Times Report

Srinagar, June 12: In an interesting order, the State Information Commission (SIC) said that the service book of a Govt employee or employees can't be sought under Right to Information Act (RTI) as this is a personal information.
SIC while quoting Supreme Court direction and Central Information Commissions (CICs) orders in this regard dismissed the appeal filed by a Srinagar resident who wanted copies of service books and property details of some employees of Drug & Food Control organisation Srinagar under J&K RTI Act 2009.
Details available with Early Times reveal that one Sameer Ahmad Bhat R/O Firdousabad Batmaloo Srinagar filed the 2nd appeal before State Information Commission (SIC) against the First Appellate Authority (FAA) and Public Information Officers (PIO) in the office of Drug & Food Control Organization, Srinagar on the ground that the PIO vide his communication dated 22-11-2018 stated that the information about service books of some employees of the department cannot be provided as it relates to the personal information, the disclosure of which has no relationship to any public activity or interest and would cause unwarranted invasion of the privacy of the individual.
The appellant Sameer Ahmad had filed RTI application, then First Appeal in the Drug & Food Control Organisation Srinagar. Finally he filed the second appeal under section 16 of JK RTI Act 2009 before State Information Commission (SIC) and requested to direct the PIO in the office of Drug & Food Control Organization, Srinagar to provide him the information sought vide RTI application dated 16-10-2018.
The second appeal came up for hearing before the Commission on 17-04-2019. Representative of appellant and PIO Drug & Food Control Organization, Srinagar were present during the hearing. The appellant was directed to specify the names of the employees whose information he requires so that PIO can provide the information within permissible limits under the provisions of the J&K Right to Information Act. In response to the said order, the appellant has vide his communication dated 09-05-2019 specified names of six employees.
Vide RTI application dated 16-10-2018, Sameer Ahmad Bhat has sought photocopies of service book of all employees of Drug & Food Control Department plus details of property in the names of the said employees and their family members, copies of tax deduction certificates from last ten years, copies of transfer orders and copies of their qualification certificates.
The SIC while quoting the Supreme Court held that disclosure of such information has no relation with any public activity or public interest and on the other hand, the disclosure of such information would cause 5 unwarranted invasion of privacy of the concerned employees. In view of the settled position of law, the information sought by the appellant through his RTI application dated 16-10- 2018 cannot be provided by the PIO as the same amounts to personal information of the concerned employees. Therefore, there is no merit in the appeal and the same is accordingly disposed of without any order or direction".
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