SERVICE BOOK OF JUDICIAL OFFICERS BE DISCLOSED PROACTIVELY

We have carefully considered the facts of the case. Of all the items of
information sought, the only information which can be disclosed relates to some
of the entries in the service book. The service book of an employee of any
public authority normally  contains details about his educational qualification,
caste status in case he has been appointed against reservation, date of birth,
date of appointment, training details, scale of pay etc. All this information about
any   employee   should   normally   be   in   the   public   domain   because   his
appointment to the public service is based on these. Even if personal in nature,
such information lose their personal character. In fact, section 4(1) (b) of the
Right to Information  (RTI)  Act mandates the  public  authority to  disclose  a
variety of such personal information proactively in respect of its employees. In
view of this, we would like to direct the CPIO to provide such details from the
service book of the judicial officer concerned to the Appellant within 10 working
days of receiving this order. However, the remaining information relating to the
complaints received against the officer concerned shall not be disclosed for the
reasons stated by the Appellate Authority in his order.

Central Information Commission, New Delhi
File No.CIC/SM/A/2012/001750
Right to Information Act­2005­Under Section  (19)

Date of decision


25 April 2013
Name of the Appellant : Shri Deep Chand Dugar,

Name of the Public Authority   : CPIO, Rajasthan High Court,
Jodhpur Bench,
Jodhipur.

The Appellant was not present in spite of notice.
No one was present on behalf of the Respondent.
Chief Information Commissioner : Shri Satyananda Mishra
2. In his RTI application, the Appellant had sought the copy of the complete
personal file of Sri Ajay Kumar, presently Civil Judge, Sardarshahar including
the details of the complaints received against him. The CPIO, after following the
procedure laid down in section 11 of the Right to Information (RTI) Act, decided
not to disclose the information invoking the provisions contained in subsection
1(j) of section 8 of the Right to Information (RTI) Act. The Appellate Authority
had dismissed the appeal and endorsed the stand taken by the CPIO.
 We have carefully considered the facts of the case. Of all the items of
information sought, the only information which can be disclosed relates to some
of the entries in the service book. The service book of an employee of any
public authority normally  contains details about his educational qualification,
caste status in case he has been appointed against reservation, date of birth,
date of appointment, training details, scale of pay etc. All this information about
any   employee   should   normally   be   in   the   public   domain   because   his
appointment to the public service is based on these. Even if personal in nature,
such information lose their personal character. In fact, section 4(1) (b) of the
Right to Information  (RTI)  Act mandates the  public  authority to  disclose  a
variety of such personal information proactively in respect of its employees. In
view of this, we would like to direct the CPIO to provide such details from the
service book of the judicial officer concerned to the Appellant within 10 working
days of receiving this order. However, the remaining information relating to the
complaints received against the officer concerned shall not be disclosed for the
reasons stated by the Appellate Authority in his order.
4. The appeal is disposed off accordingly.
5. Copies of this order be given free of cost to the parties.
(Satyananda Mishra)
Chief Information Commissioner
Authenticated true copy.  Additional copies of orders shall be supplied against
application and payment of the charges prescribed under the Act to the CPIO of this
Commission.
CIC/SM/A/2012/001750(Vijay Bhalla)
Deputy Registrar
CIC/SM/A/2012/001750

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