Case Law Details
Smt. Kanta Kumawat Vs State of Rajasthan (Rajasthan High Court)
Material Facts
The petitioner filed a writ petition under Article 226 of the Constitution of India challenging the judgment dated 23.10.2024 and sought a direction to the respondent department to furnish information requested through an RTI application dated 09.04.2024.
The information sought comprised copies of the pay slips and details of the salary paid to an employee of the respondent department, Omprakash, for the period from January to March 2024. The competent authority rejected the request by orders dated 26.06.2024 and 23.10.2024 on the ground that the information sought was personal in nature, pertained to a third party, and was exempt from disclosure under the Right to Information Act, 2005.
Procedural History
The petitioner challenged the order dated 23.10.2024 before the Rajasthan High Court under Article 226 of the Constitution of India, seeking quashing of the order and a direction to provide the requested information.
Legal Issue(s)
- Whether the petitioner was entitled, under the Right to Information Act, 2005, to obtain copies of the salary details and pay slips of a third-party employee.
- Whether the authorities were justified in refusing disclosure on the ground that the information constituted personal information relating to a third party.
Relevant Statutory Provisions
- Article 226 of the Constitution of India.
- Right to Information Act, 2005.
Petitioner’s Submissions
The petitioner sought:
- Quashing of the judgment dated 23.10.2024.
- A direction to respondent No. 2 to provide the information sought in the RTI application dated 09.04.2024.
Respondents’ Stand
The respondents refused to furnish the requested information on the ground that:
- The information was personal in nature.
- It related to a third party.
- It was exempt from disclosure under the provisions of the Right to Information Act, 2005.
Court’s Findings and Reasoning
The High Court found no illegality or infirmity in the respondents’ refusal to disclose information relating to a third party.
The Court referred to the decision of the Supreme Court in Girish Ramchandra Deshpande v. Central Information Commissioner & Ors., wherein it was held that information relating to the performance of an employee or officer is primarily a matter between the employee and the employer, governed by service rules, and falls within the ambit of “personal information.” The Court also noted that disclosure of such information, in the absence of any overriding public interest, has no relationship with any public activity or public interest.
Final Ruling
The Rajasthan High Court found no merit in the writ petition and dismissed it. The stay petition was also disposed of.
FULL TEXT OF THE JUDGMENT/ORDER OF RAJASTHAN HIGH COURT
1. The instant writ petition under Article 226 of the Constitution of India has been filed by the petitioner seeking the following reliefs:-
“I. By an appropriate writ order or direction, the judgment dated 23.10.2024 (Anx-5) passed by the respondent no. 1 may kindly be quashed and set aside.
II. By an appropriate writ, order or direction order may kindly be issued and respondent no. 2may kindly be be directed to provide the information sought by the petitioner in application dated 09.04.2024; and
III. Any other appropriate writ, order or direction which this Hon’ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.”
2. Heard.
3. After hearing learned counsel for the petitioner and upon perusal of the material available on record, this Court finds that the petitioner had sought copies of the pay slips/details of the salary paid to an employee of the respondent department, namely Omprakash, for the period from January to March, 2024. The information sought by the petitioner under the Right to Information Act, 2005 was denied vide orders dated 26.06.2024 and 23.10.2024 passed by the competent authority, on the ground “that the information sought is personal in nature, pertains to a third party, and is therefore exempted from disclosure under the provisions of the RTI Act.
4. This Court finds no illegality or infirmity in the action of the respondents in refusing to supply the information relating to a third party. This Court is conscious of the law laid down by the Hon’ble Supreme Court in Girish Ramchandra Deshpande v. Central Information Commissioner & Ors., reported in (2013) 1 SCC 212, wherein it has been held that information relating to the performance of an employee or officer in an organisation is primarily a matter between the employee and the employer, governed by service rules, and falls within the ambit of “personal information”. Disclosure of such information, in the absence of any overriding public interest, has no relationship with any public activity or public interest.
5. In view of the aforesaid discussion, this Court finds no merit in the present writ petition. Accordingly, the same is hereby dismissed.
6. The stay petition also stands disposed of.
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