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RTI : Salary, Pension of Public servant is not thrid Party

Central Information Commission, New Delhi

File No.CIC/SM/A/2011/000166
Right to Information Act­ 2005 ­Under Section (19)

Date of hearing:7 December 2011
Date of decision:13 December 2011

Name of the Appellant : Shri V P Mittal
B 403, Rose Garden,
Vimannagar, Pune – 411 014.

Name of the Public Authority : CPIO, Punjab National Bank,
Zonal Office, Inspection & Audit
Department, 2, Nehru Place,Tonk Road, Jaipur, Rajasthan.

The Appellant was not present in spite of notice.
On behalf of the Respondent, Shri Abhay Kumar Yadav, Manager (Law) was present.

Chief Information Commissioner : Shri Satyananda Mishra

2. We heard this case through videoconferencing. The Appellant did not turn up in spite of notice. The Respondent was present in the Jaipur Studio of the NIC. We heard his submissions.

3. The Appellant had sought some information regarding pay fixation in the case of Shri Santosh Singh, Ex­Draftsman, GSI, as per the Sixth Pay Commission. The CPIO informed him that the said information could not be disclosed since it concerned a third party. The Appellate Authority also endorsed the decision of the CPIO and referred to the objection of Shri Santosh Singh in writing.

4. We carefully considered the facts of the case. Just as the salary and other compensation details paid to any public servant have to be disclosed under the Right to Information Act, similarly the amount of pension being paid to an ex­employee should also be disclosed. All that the Appellant has sought in this case is nothing but the revised pension being paid to a particular former employee of the government. We do not see how such information could be denied by taking exemption under one or the other provisions of the Right to Information Act. Such information cannot be even considered to be a third party information just as the salary details of a serving employee cannot be considered to be third party information.

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5. Therefore, in our opinion, this information should be disclosed. We direct the CPIO to provide to the Appellant within 10 working days from the receipt of this order, a photocopy of the revised pension details, in whatever manner available, to the Appellant.

6. The case is disposed of accordingly.

7. Copies of this order be given free of cost to the parties.
(Satyananda Mishra)
Chief Information Commissioner

Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.

(Vijay Bhalla)
Deputy Registrar

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