7 months ago
2
The Central Information Commission has directed Southern Railway to stock the income details of an worker with his estranged woman who had sought the accusation to prosecute a attraction case.
After the Public Information Officer refused to supply the past wage drawn details of the employee, a Senior Section Engineer, saying that the accusation was exempted from disclosure arsenic it belonged to a 3rd party, the petitioner filed an entreaty earlier the CIC.
Claiming that her hubby had deserted her owed to a matrimonial contented and a divorcement lawsuit was pending successful a Family Court successful Chennai, the pistillate said the past drawn wage of the authoritative was required to enactment her interim attraction petition. She besides wanted a transcript of her husband’s assemblage certificate to use for the aforesaid class for their daughter.
Exempted from disclosure
When the lawsuit came up for hearing, the PIO maintained that the appellant’s petition was examined and she was informed that nary accusation could beryllium furnished since the details related to 3rd enactment arsenic specified nether Section 11 of RTI Act 2005. Such accusation was exempted from disclosure nether Section 8(1)(j) and 11 of the Act. Also, the PIO said, the 3rd enactment (husband of the petitioner) had not agreed to stock the accusation with her.
After proceeding some sides, Central Information Commissioner Vinod Kumar Tiwari said that the Commission had dealt with cases bearing the factual matrix of a spouse seeking the wage gaffe of different successful pursuit of a matrimonial quality and the stance that had been maintained by it truthful acold had been that the accusation sought for successful the RTI Application pertained to the idiosyncratic accusation of a 3rd enactment and duly exempted nether the provisions of the Act.
However, aft referring to a judgement successful the Supreme Court of India versus Subhash Chandra Agarwal case, successful 2010, helium directed the PIO to supply the “generic details of the nett taxable income/gross income” of the estranged husband. Before that, the nationalist authorization should guarantee that the petitioner is the legally-wedded woman of the authoritative and besides that a matrimonial/maintenance lawsuit was pending successful the acrophobic court.
