Leave records of other employees cannot be declared unless applicant shows involvement of larger public interest

Central Information Commission (CIC): CIC has observed that leave records of other employees cannot be declared unless the applicant shows the involvement of a larger public interest. In this case, the appellant filed RTI application seeking leave records of a certain duration of all the executives working under Director (HR) and Director (CM).

The Commission observed that such information cannot be provided to the third party in terms of Supreme Court’s judgments in Canara Bank Rep. by its Deputy Gen. Manager v. C.S. Shyam, (2018) 11 SCC 426, Girish Ramchandra Deshpande v. Central Information Commissioner, (2013) 1 SCC 212 and R.K. Jain v. Union of India, (2013) 14 SCC 794. The Apex Court had held in these cases that information relating to the personal details of individual employee such as the date of his/her joining, designation, details of promotion earned, date of his/her joining to the Branch where he/she is posted, the authorities who issued the transfer orders, etc. cannot be provided in view of exception laid down under Section 8(j) of the RTI Act unless the applicant discloses any larger public interest involved in seeking such information of the individual employee.

The Commission applied the same test in this appeal and concluded that no intervention was required by it as the appellant failed to show the involvement of larger public interest in seeking leave records of other employees. [Love Gogia v. Central Public Information Officer, BSNL, Appeal No. CIC/BSNLD/A/2018/613653, order dated 26-06-2018]

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    Nice information, doing very good service, pl keep it up.

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