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RTI Act exempts disclosure of personal information of employees: Delhi HC

Case Law Details

TaxGuru Citation
2024 taxguru.in 5246
Case Name
Ryan International School Vs Central Infomation Commissioner And Ors. (Delhi High Court)
Date of Judgement/Order
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Ryan International School Vs Central Infomation Commissioner And Ors. (Delhi High Court)

Delhi High Court held that order passed by Central Information Commission directed disclosure of information which is entirely personal information of employees is unsustainable in law since the same stands exempted from disclosure u/s. 8(1)(j) of the RTI Act.

Facts- The Petitioner – Ryan International School, assails the order dated 14th May, 2019, passed by Central Information Commission1 directing the Petitioner to disclose information regarding the service details of its employees working in the Petitioner’s school.

Conclusion-Held that the CIC has indeed directed the disclosure of information which is entirely personal information of the employees and as such this information stands exempted from disclosure under clause (j) of Section 8(1) of the RTI Act. Furthermore, nothing has been brought on record to show that the larger public interest is involved which requires the disclosure of such information even though it is exempted. The CIC has directed the Directorate of Education to call upon schools under its regulatory capacity to furnish certain information, however, the order does not consider the fact that the information sought pertains to sensitive personal information and service records of the employees of the school. Therefore, in the opinion of the Court, the present writ petition deserves to be allowed and as such, the impugned order dated 14th May, 2019 passed by the CIC, is unsustainable and is accordingly set aside.

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