Court affirms that salary information constitutes personal data, protected from disclosure under the Right to Information Act, 2005 unless public interest is demonstrated.
In a significant ruling, the Rajasthan High Court has dismissed a writ petition filed by Smt. Kanta Kumawat seeking the salary details of an employee under the Right to Information Act, 2005. Presided over by Justice Kuldeep Mathur, the court upheld the decision of the competent authority to deny the request, affirming that such information is personal and exempt from disclosure unless there is an overriding public interest.
The petitioner, Smt. Kanta Kumawat, had sought pay slips and salary details of an employee named Omprakash for the period of January to March 2024. Her request was denied by the authorities, leading to the filing of the writ petition. The petitioner argued for the quashing of the order dated October 23, 2024, and sought the court's intervention to direct the respondent to release the requested information.
Upon hearing the arguments presented by Mr. Gopal Lal Acharya, counsel for the petitioner, and reviewing the material on record, Justice Mathur found no illegality in the respondents' refusal to disclose the salary information. The court referred to the precedent set by the Supreme Court in the case of Girish Ramchandra Deshpande v. Central Information Commissioner, which established that employee performance information is a private matter between employer and employee, and falls under "personal information" as per the RTI Act.
Justice Mathur emphasized that unless a compelling public interest can be demonstrated, such information has no bearing on public activity or interest. Consequently, the court found the petition to be without merit and dismissed it, maintaining the confidentiality of the employee's salary details.
This ruling reinforces the protective scope of the Right to Information Act concerning personal data and underscores the judiciary's adherence to established precedents in matters of privacy.
Bottom Line:
Right to Information Act, 2005 - Information related to salary details of an employee constitutes "personal information" under the Act and is exempt from disclosure unless there is an overriding public interest.
Statutory provision(s): Right to Information Act, 2005
Smt. Kanta Kumawat v. State of Rajasthan, (Rajasthan) : Law Finder Doc id # 2856707
