Appeal No. CIC/BS/A/2016/000959-BJ. Case: C. Saravanan Vs CPIO & ITO, Ward-2 and Ors.. Central Information Commission

Case Number:Appeal No. CIC/BS/A/2016/000959-BJ
Party Name:C. Saravanan Vs CPIO & ITO, Ward-2 and Ors.
Judges:Bimal Julka, Information Commissioner
Issue:Right To Information Act, 2005 - Sections 6(3), 8(1), 8(1)(j)
Judgement Date:April 12, 2017
Court:Central Information Commission
 
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Court Information Central Information Commission Cases
Judgment Date 12-Apr-2017
Party Details C. Saravanan Vs CPIO & ITO, Ward-2 and Ors.
Case No Appeal No. CIC/BS/A/2016/000959-BJ
Judges Bimal Julka, Information Commissioner
Acts Right To Information Act, 2005 - Sections 6(3), 8(1), 8(1)(j)

Decision

Bimal Julka, Information Commissioner

FACTS:

1. The Appellant vide his RTI application sought information regarding the details of Tax deducted at source month wise from 2012 till the date of filing of RTI application in respect of his employed wife Mrs. B. Paramathma Devi with PAN card details mentioned in the RTI application.

2. The ITO Ward-3 vide its letter dated 15.10.2015 transferred the RTI application to ITO Ward-2, Dindigul under Section 6(3) of the RTI Act, 2005. The ITO Ward-2, Dindigul vide its letter dated 16.10.2015 stated that the information sought could not be disclosed as per Section 8(1)(j) of the RTI Act, 2005. Dissatisfied by the response of the CPIO, the Appellant approached the FAA. The order of the FAA, if any, is not on the record of the Commission.

HEARING:

Facts emerging during the hearing:

3. The following were present:

Appellant: Absent;

Respondent: Mr. Meerirfan Ali, ITO, Dindigul (M: 9445955557) and Mr. K. Murugesan, ITO (M: 9445955825) through VC;

4. The Appellant remained absent during the hearing. The Respondent stated that the RTI application was responded vide letter dated 16.10.2015, wherein information regarding the TDS deducted from Mrs. B. Paramathma Devi's account was denied from disclosure on the ground that it was exempted from disclosure as per Section 8(1)(j) of the RTI Act, 2005. Thereafter the First Appeal was also rejected on similar grounds vide order dated 17.11.2015. During the course of hearing the Respondent submitted that no larger public interest was involved in the matter and the information was sought in relation to a matrimonial dispute between the Appellant and his wife.

5. Keeping in view the facts of the case, the Commission referred to the judgment of the Hon'ble Supreme Court of India in Girish Ramchandra Deshpande vs. Central Information Commission & ors. SLP(C) No. 27734 of 2012 dated 03/10/2012 wherein it was held as under:

"14. The details disclosed by a person in his income tax returns are "personal information" which stand exempted from disclosure under clause (j) of Section 8(1) of the RTI Act, unless involves a larger public...

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