While providing a formal legal opinion to Indore-based Agriculture College, represented by its Dean, it was analyzed by Advocate Mr. A.K. Verma whether it is possible to deny access to the service record of employees (in the nature of personal information) to an applicant under the Right to Information Act, 2005 (herein after the “Act”), and if yes, in what circumstances.

Applications dated 23.07.2013 were filed by Indore-based Mr. Vallabh Chauhan, (herein after called “Applicant”) before the Agricultural College of Indore, under section 6 of the ‘Act’, whereby the Applicant sought certain information in the matters, which are briefly listed as follows:

1. The certified copies of the service records of Mr. Anil Vijayvargeeya and Mr. Avinash Poddar, employees of the Agricultural College.
2. The certified copies of the leave accounts of the aforementioned employees.
3. Complete details of the projects, in which Dr. H.S. Thakur, Dr. M.P. Jain and Mr. Anil Vijayvargeeya have performed work during the period of 2011 to 2013.

Though the Information involved in clause A of the aforementioned Para pertains to the personal information of the third parties, the Dean, who is the Public Information Officer, following the mandate of section 11 of the Act and by the letters dated 13.08.2013, requested the aforesaid employees to file their opinion regarding supply of their information. Both the employees objected the same and requested not to provide their personal information to the Applicant.

While accepting the third parties contentions, the Learned Public Information Officer invoking the provision of Section 10 of the Act, issued a notice dated 20.8.2013 to the Applicant, wherein it was suggested the information can reasonably be served and access can be allowed in part. On the basis of the same, the Applicant deposited requisite amount Rs. 2480/-, subsequent to which, the Learned Public Information Officer provided the information to the Applicant.

In this context, the Learned Dean, Agriculture College, Indore referred the matter for analysis and legal opinion to Advocate Mr. A.K. Verma. The question involved was: –

“Whether, under the aforesaid facts and circumstances of the case, the personal record, i.e., service record of the employees, can be denied the access to the Applicant?”

In this reference, Section 8(1) (J) of the Act is relevant, which states that any information which relates to personal information the disclosure of which has no relationship to any public activity or interest or which has no relationship to any public activity or interest or which would cause unwarranted invasions of privacy of the individual unless larger public interest, justifies the disclosure of such information. In the case in hand, the Applicant did not disclose what larger public interest is involved in seeking personal information of the employees. Hence, under section 8(1) (J) of the Act, Learned Public Information Officer rightly opined that the certified copies of personal records i.e. service records of the employees can not supplied to the Applicant.

The following authorities are relevant in the scenario: –

1. In the case of R.K. Jain v. Union of India, AIR 2003 Del. 24 (D.B.), the Hon’ble High Court opined that the copy of Annual Confidential Report cannot be supplied, if no larger Public Interest is involved.
2. In the case of Hardev Arya v. Chief Manager, AIR 2003 Raj. 97, the Hon’ble High Court opined that the copy of bank details of employees cannot be supplied, if no larger Public Interest is involved.
3. In the case of Vijay Prakash v. Union of India, AIR 2010 Del. 7, the Hon’ble High Court opined that the copy of service records of employees cannot be supplied, if no larger Public Interest is involved.