No. 11/2/2013-IR (Pt.)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
North Block, New Delhi,
Dated the 14th August, 2013
OFFICE MEMORANDUM
Subject: Disclosure of personal information under the RTI Act, 2005.
The Central Information Commission in one of its decisions (copy enclosed) has held that information about the complaints made against an officer of the Government and any possible action the authorities might have taken on those complaints, qualifies as personal information within the meaning of provision of section 8 (1) (j) of the RTI Act, 2005.
2. The Central Information Commission while deciding the said case has cited the decision of Supreme Court of India in the matter of Girish R. Deshpande vs. CIC and others (SLP (C) no. 27734/2012) in which it was held as under:-
“The performance of an employee/Officer in an organisation is primarily a matter between the employee and the employer and normally those aspects are governed by the service rules which fall under the expression ‘personal information’, the disclosure of which has no relationship to any public activity or public interest. On the other hand, the disclosure of which could cause unwarranted invasion of the privacy of that individual.” The Supreme Court further held that such information could be disclosed only if it would serve a larger public interest.
3. This may be brought to the notice of all concerned.
End: As above.
(Manoj Joshi)
Joint Secretary (AT&A)
Original Order :
http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02rti/11_2_2013-IR-Pt.-14082013.pdf
sir,
i completed my 19 years service in CGHS,i belong to scheduled tribe,so my ACP & promotion refused my CGHS chennai purposely and revange activity,i written to all concern corner of higher authority ,but so for nothing happend,every thing deaf and ear to goverenement,i am downtroden society person,due to this i bacaome agony and depressed ,i am strrugling from 2006 till now but no responce and reply form each corner of higher authority,
Sub: INJUSTICE;;-Refusad of Promotion for “Scheduled Tribe”- Reservation quota -in CGHS Chennai – No-reply even after several request made – Regarding
Respected Sir,
I am presently working as a Lab-Assistant; belong to Scheduled Tribe (ST), in CGHS, Anna Nagar, Chennai. So far, I have put in 19-years of Service in CGHS, but I have not been given with any Promotion in reservation for S.T till now. In this regard, I humbly bring to kind consideration the following few lines and favorable orders please.
I was appointed initially as Lab-Assistant in Mumbai CGHS and served there for 15-years and later during 2009 I was transferred to Chennai CGHS on ‘Request Transfer’ and since then I have been working in the same post in Chennai.
Now, I have come to know that these two vacant posts, one post is to be filled up by way of direct-recruit and other one by promotion. It seems that this is to be done by mere influence without exactly following the Reservation Procedure (particularly 7.5% — for ST) and DOPT guidelines which is contrary to the Constitutional Provision.
It is submitted to kind information that I have been in possession of required eligible qualification and experience to be promoted as Lab-Technician, I have been permanently observed to that post though I have been eligible to be consider .
This clearly indicates that though I am having eligible qualification and experience to be promoted as Lab-Technician, just because I belong to ST-community, I have been intentional not considered for the Post for the past 19-years
My junior Lab. Assistant lady staff working last 15 years, she got first ACP in 2010 and again now they given promotion and promoted as Lab. Technician in September 2013 ,with high recommendation from general association and canvassed Addl.Director and other officers hand in glow
In Last 30 years in Chennai CGHS not filled The scheduled tribe vacancies post of Lab. Technician ,and now intensely selected “S.C “and not Qualified and unexperienced candidate through Direct recruitment, and continually filled 2 post for S.C from CGHS Chennai department candidate ,and violated promotion register and roster of reservation Quotas
I have already written this many times to you, but no remedy was meted out to me to get justice and hence I am once again requesting to you to do justice. Otherwise, I will be left with no other option except to approach the legal form to get justice for me.
Thanking you
Yours faithfully