The CIC has directed the PIO of Western Railway to provide copy of Service Record (SR) of one of its ticket checkers after deleting his personal information
In a significant and landmark judgement, the Central Information Commission has directed the Public Information Officer (PIO) of Western Railway to provide copy of the service record of a ticket checker (TC).
While disposing of an appeal, Annapurna Dixit, the Information Commissioner (IC), said, “…the public authority is obligated under section 4(1)(b) the Right to Information (RTI) Act to disclose information related to the service of its employees. The Commission is not convinced by Allan D’Costa’s (the TC) argument that such disclosure will endanger his physical safety as all this information is anyway expected to be placed in the public domain.”
Mumbai-based RTI activist Chetan Kothari had filed an RTI seeking information against six points with regard to information on action taken on his complaint against TCs Allan D’Costa and SR Shukla, including copy of the service book and confidential report of Allan D’Costa.
While the PIO furnished the information on all six queries asked by Kothari, he denied copy of SR of D’Costa. Even, the First Appellate Authority (FAA) ordered the same.
Kothari then filed his second appeal before the Commission.
During the hearing, the PIO submitted that when he sought submission under Section 11(1) of the RTI Act, D’Costa objected to the sharing of his service book stating that the disclosure of his service details would endanger his physical safety and that of his family members.
Ms Dixit, the IC, however was not convinced by this argument. She then directed the PIO to supply a copy of the service record of Allan D’Costa to Kothari within four weeks after invoking Section 10(1) of the RTI Act to sever all those portions that are exempt from disclosure u/s 8(1)(j) of the Act as personal information. (File No: CIC/AD/A/2012/002874).