Jodhpur High Court Upholds Privacy in RTI Case, Dismisses Wife's Plea for Husband's Salary Details
In a significant ruling, the principal seat of the Rajasthan High Court in Jodhpur has dismissed a petition filed by a wife seeking access to her husband's salary details under the Right to Information (RTI) Act. The court held that such information constitutes "personal information" and is exempt from disclosure, reinforcing privacy protections under the law.
Court's Decision and Legal Grounds
Justice Kuldeep Mathur, in an order pronounced on Thursday, declined to interfere with the authorities' decision, observing that there was no illegality in refusing to provide the requested information. The petitioner, Kanta Kumawat, had moved the court under Article 226 of the Constitution, seeking to quash an order dated October 23, 2024, passed by the Rajasthan State Information Commission. This order upheld the denial of the information, which she had originally sought in an RTI application filed on April 9, 2024.
The court emphasized that service-related information of an employee is primarily a matter between the employer and the employee, falling within the ambit of personal information. It noted that the disclosure of such details, in the absence of any overriding public interest, has no relationship with any public activity or public interest. This ruling aligns with the exemptions provided under the RTI Act for personal data.
Background of the Case
The petitioner had requested copies of pay slips and salary details of her husband, Om Prakash, who is an employee of the police department in Bhilwara, for the period from January to March 2024. The request was rejected through orders dated June 26, 2024, and October 23, 2024, on the grounds that the information related to a third party and was personal in nature. The respondents in the case included:
- The Rajasthan State Information Commission
- The Superintendent of Police and Public Information Appellate Officer, Bhilwara
- The Additional Superintendent of Police and Public Information Officer, Bhilwara
Kanta Kumawat had also prayed for a direction to the superintendent of police, Bhilwara, to furnish the information sought, along with any other appropriate relief. However, the court found no infirmity in the action of the respondents and dismissed the writ petition as devoid of merit.
Implications for RTI and Privacy
This decision highlights the delicate balance between transparency under the RTI Act and the protection of personal privacy. By categorizing salary details as personal information, the court has set a precedent that such data is not subject to disclosure unless a compelling public interest is demonstrated. This ruling may influence future RTI applications involving similar requests for employee-related information.
The court's observation that the information has no nexus with public activity or interest underscores the importance of safeguarding individual privacy in employment matters. It serves as a reminder that the RTI Act, while promoting accountability, also includes exemptions to prevent unwarranted intrusion into personal affairs.
