SECTION 8(1)(J) OF RTI ACT, 2005 INVOKED WHICH PROHIBITS DISCLOSURE OF PERSONAL INFORMATION, SAYS EXPERT ADVOCATE 

Face2News/Chandigarh 

Recently the Human Resources (HR) Department of Haryana Government on 25 July 2023 by invoking section 8(1)(j) of Right to Information (RTI) Act, 2005 along with quoting reference of a 5 Jan 2021 circular letter issued by State Administrative Reforms (AR) Department, which prohibits disclosure of Personal Information, has refused to provide the copy of the sanction for prosecution order as granted by the President of India under Section 19 (1) of the Prevention of Corruption (PC) Act, 1988 against a former Chairman of Haryana Public Service Commission (HPSC) KC Bangar as well as 13 former Members of HPSC viz.

MS Shastri, Pardeep Chaudhary, Dayal Singh, Narender Vidyalanakar, Jagdish Rai, NN Yadav, Dungar Ram, Chatter Singh, Yudhvir Singh, Satbir Singh, Ranbir Hooda, OP Bishnoi and Santosh Singh.

An Advocate at Punjab and Haryana High Court, Hemant Kumar, on 15 June 2023 initially filed a RTI application with President of India Secretariat seeking the aforementioned information. He also sought copy of the removal order (from HPSC) as issued in Nov, 2010 by the then President of India after receiving affirmative reference from the Supreme Court of India under Article 317(1) of Constitution of India against seven former members of HPSC viz. Dungar Ram, Chatter Singh, Yudhvir Singh, Satbir Singh, Ranbir Hooda, OP Bishnoi and Santosh Singh.

Also, information was sought pertaining to the need and requirement for issuance of sanction for prosecution order by the President of India in respect of seven former members of HPSC viz. Dungar Ram, Chatter Singh, Yudhvir Singh, Satbir Singh, Ranbir Hooda, OP Bishnoi and Santosh Singh under Section 19 (1) of the PC Act, 1988 notwithstanding the fact that they were already removed from the HPSC by an Order of President of India in Nov, 2010.

Hemant says he is highly surprised over Deputy Secretary cum State Public Information Officer (SPIO) in HR Department of Haryana Government invoking section 8(1)(j) of RTI Act, 2005 in this matter. Pertinent that this provision exempts information which relates to personal information the disclosure of which has not relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information.

The President of India Secretariat transferred the aforementioned RTI seeking information on above three points to Department of Personnel and Training (DoPT), Government of India from where it was transferred to State Chief Secretary of Haryana earlier this month. 

Hemant says he is highly surprised over Deputy Secretary cum State Public Information Officer (SPIO) in HR Department of Haryana Government invoking section 8(1)(j) of RTI Act, 2005 in this matter. Pertinent that this provision exempts information which relates to personal information the disclosure of which has not relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information.

The Advocate asserts that since the information as sought is in respect of former Chairman and ex-members of HPSC, which is a constitutional body established under Article 315 of Constitution of India, and as such all of the above persons were holding a constitutional post at relevant point of time, therefore how information pertaining to sanction of their prosecution under PC Act, 1988 as granted by the President of India in June, 2023 can be termed as personal information.

Moreover, Hemant also asserted that since proviso to section 8(1)(j) of RTI Act, 2005 stipulates that the information, which cannot be denied to the Parliament or a State Legislature shall not be denied to any person, hence there is no ground for denial of above information as sought at least under the aforementioned provision which has been invoked by the Haryana Government. Meanwhile, a First Appeal under Section 19(1) of RTI Act, 2005 has been filed by Hemant before Aditya Dahiya, IAS, Special Secretary, HR Department challenging the denial of aforementioned information by the SPIO of such Department.