Disclosure of Annual Property Statement of Officer is exempted under RTI Act, says Tarun Kanti Mishra, Odisha Chief Information Commissioner.Bhubaneswar: While disposing a complaint petition (CC No-1772/2010) on 30.7.12, Mr. Tarun Kanti Mishra , State Chief Information Commissioner Annual Property Statement of an Officer can not be disclosed under section 8(1)(j) and 8(1)(e) of the RTI Act.
Mr. Pradip Pradhan, RTI Applicant had submitted application to the PIO , Department of Industries, Odisha, Cuttack seeking information regarding property statement of B.B.Dhal, General Manager, DIC, Ganjam , no. of Govt. residential quarters allotted in favour of DIC, Ganjam and list of present occupant of these quarters etc. On receiving the information, the PIO transferred application to the PIO, Directorate of Industries to provide the information to the applicant. On 6.8.2010, the PIO intimated to the applicant that the property statement of B.B.Dhal, General Manager is not available in the Directorate. For balance information, the PIO requested the General Manager , DIC Ganjam to provide the information. The PIO, DIC, Ganjam provided the information except property statement of B.B.Dhal, General Manager.
Finding no information about said property statement, Mr. Pradip Pradhan filed a complaint petition to the State Information Commission. Mr. Tarun Kanti Mishra heard the case and disposed it on 30.7.12. The Commission observed that property statement is retained by the public authority in sealed cover under proper secrecy and used only when the public servant faces a charge or an enquiry. It can not be said as a public information. Such information furnished to various public authorities by the public servant remains confidential. It is covered under section 8(1)(j) of the Act and can not be routinely disclosed. The property statement is also attracted the exemption under section 8 (1)(e) of the RTI Act.
Section 8(1)(j) of the RTI Act says " information which relates to personal information the disclosure of which has no relationship for any public authority to any public activity or interest , or which would cause unwarranted invasion of privacy of the individual can not be disclosed unless public information officer or the appellate authority , as the case may be , is satisfied that the larger public interest justifies the disclosure of such information."
Section 8(1)(e) of the Act says "information available to a person in his fiduciary relationship can not be disclosed , unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information"
Being disturbed and dissatisfied with the decision of the Commission, Mr. Pradhan says this decision is against letter and spirit of RTI Act and he thinks of challenging it in Odisha High Court.
Pradip Pradhan
M-99378-43482
Date- 7.8.12
K.N.K.Namboodiri
Choma Elamon Mana,
Chathakulam-PO
Poruvazhi-,Kollam Dist
Pin 690520
Mob.9447470073
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