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2018 (8) TMI 1601 - HC - Indian LawsInformation denied under RTI Act - petitioner denied the information on the ground that the information sought for by the petitioner was a third party information and in the nature of personal information and thus, exempt from disclosure under Section 8(1)(j) of the RTI Act - whether the details of profit declared by a third party and its Income tax returns is exempt from disclosure under Section 8(1)(j) of the RTI Act? Held that:- The three principal conditions must be met for the said clause to be applicable: first, that the information sought must qualify as personal information; second, that disclosure of such information should have no relationship to any public activity or interest; and third, that it would cause unwarranted invasion of the privacy of the individual - Even if the aforesaid conditions are met, such information can be disclosed if the CPIO is satisfied that larger public interest justifies the disclosure of such information. In view of the observations made by the Supreme Court in Girish Ramchandra Deshpande [2012 (10) TMI 218 - SUPREME COURT], the question whether Income tax returns are personal information is no longer res integra, where it was held that the petitioner in the instant case has not made a bona fide public interest in seeking information, the disclosure of such information would cause unwarranted invasion of privacy of the individual under Section 8(1)(j) of the RTI Act. Indisputably, the information sought for by the petitioner is personal information. Such information could be disclosed only if the respondent could establish that disclosure of such information was justified by larger public interest. Even if the PIO was satisfied that disclosure of such information was justified, the PIO was required to follow the procedure given under Section 11 of the Act; that is, the PIO was required to give a notice to the concerned employee stating that he intends to disclose the information and invite the person concerned to make submissions on the question whether such information ought to be disclosed. Admittedly, no such notice was issued - Mere apprehension that a third party has declared income, which is lower than the true income, cannot justify disclosure of Income Tax Returns in larger public interest. The impugned order directing the disclosure of personal information cannot be sustained - petition allowed.
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