2008 (3) TMI 622 - Commission - Indian Laws

Summary

Issues:
1. Denial of information under Section 8(1)(j) of the RTI Act by the CPIO.
2. Applicability of Section 8(1)(j) in disclosing property returns of government employees.
3. Request for property returns of Group 'C' employees and the availability of such forms.

Analysis:

1. The appellant filed two RTI applications seeking property returns of employees of Kendriya Vidyalaya Sangathan (KVS), which were denied by the CPIO citing Section 8(1)(j) of the RTI Act. Not satisfied, the appellant appealed to the Commission, which heard the matter and decided to combine the cases as the issues raised were identical.

2. The Commission considered previous orders and rulings regarding the disclosure of property returns. The appellant cited a previous order recommending changes in property return forms to address the issue of privacy. However, the Commission held that property returns of government employees are in the public domain and should be disclosed to prevent corruption. Therefore, the Commission directed the respondents to provide the copies of property returns requested by the appellant.

3. The respondents highlighted the impracticality of providing property returns spanning 20 years due to employee transfers. The appellant agreed to accept copies available with the respondents. Regarding property returns of Group 'C' employees, the respondents claimed they were not required to file such returns. The appellant referred to a circular suggesting otherwise, but the respondents pointed to Government Conduct Rules exempting Group 'C' employees from filing annual returns. As these documents were not on record, the Commission upheld the respondents' stance and ruled out providing copies of these returns.

In conclusion, the Commission ordered the respondents to provide the property returns requested by the appellant and clarified the applicability of Section 8(1)(j) in disclosing government employees' property returns, ensuring transparency and accountability in public offices.