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The Supreme Court has issued a notice in a petition raising an issue whether even disciplinary proceedings initiated and action taken against employees would fall under "personal information" as defined in Clause (j) of Section 8(1) of the Right to Information Act, 2005.
Food Corporation of India has assailed a Delhi High Court order which had held that such information cannot be hold as a personal information and such information deserves to be given to expose the corrupt person in the public.
While issuing notice, the bench comprising Justice Sanjay Kishan Kaul and Justice Indira Banerjee also stayed operation of the directions contained in the impugned order to disclose the information is stayed. While dismissing the writ petition, the single bench had observed that once a departmental inquiry into the complaint is held and they are punished, nothing remained information which is personal information but is information available to the public at large. Before the High Court also, the Corporation had banked on the judgment in Girish Ramchandra Deshpande Vs. Central Information Commissioner. In the said judgment, it was held that the details disclosed by a person in his income tax returns are "personal information" which stand exempted from disclosure under clause (j) of Section 8(1) of the RTI Act, unless involves a larger public interest and the Central Public Information Officer or the State Public Information Officer or the appellate authority is satisfied that the larger public interest justifies the disclosure of such information.
Later, the Division bench of the High Court also upheld the single bench order.
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