2014 (3) TMI 475 - HC - Indian Laws

Denial of information under RTI Act sought as regards one Bhupinder Singh son of Mewa Singh and in respect of all such other employees of SGPC who have so far been suspended, the grounds of suspension, the details of reinstatement and the punishments awarded to such employees. - Shiromani Gurudwara Prabandhak Committee (SGPC), Amritsar. - Held that - the petitioner had failed to establish any public interest which would merit the disclosure of the information sought. To the contrary, the State Information Commission has specifically noticed in the impugned orders dated 17-4-2013 that the petitioner had been called upon to disclose the public interest involved during the course of hearing to which he had responded that he wants to use the information sought in a Court case which is to be filed by him to challenge his suspension order. Clearly, the information sought by the petitioner was towards furtherance of a personal grievance and not in relation to any public interest. - writ petition dismissed.

Summary

Issues:
Denial of information under the Right to Information Act, 2005.

Analysis:
The petitioner submitted applications seeking information related to employees of Shiromani Gurudwara Prabandhak Committee (SGPC) who were suspended, reinstated, and punished. The Public Information Officer declined the information, leading to complaints before the State Information Commission, which were dismissed. The petitioner argued that denial of information on punishments for corrupt activities would go against the Act's aim of transparency. The petitioner sought quashing of the orders and directions for information supply, citing a Delhi High Court judgment.

The petitioner's requests for information pertained to specific employees and grounds of suspension, reinstatement details, and punishments. The Act's Section 8(1)(j) exempts disclosure of personal information unrelated to public activity, unless larger public interest justifies disclosure. The Supreme Court's ruling in Girish Ramchandra Deshpande case clarified that details like show cause notices and punishments are personal information, exempt under Section 8(1)(j) unless public interest justifies disclosure.

The State Information Commission noted the petitioner's lack of establishing public interest in seeking the information, as the petitioner intended to use it for a personal court case challenge. The Commission found the petitioner's request to be a personal grievance, not related to public interest. The reliance on a previous judgment was deemed misplaced, as that case involved established public interest, unlike the present case.

The court dismissed the writ petition, stating no basis for interference in the State Information Commission's orders. The judgment emphasized the need for establishing public interest for disclosure under the Act, which was lacking in the petitioner's case.