INFORMATION COMMISSION Kamadhenu Co-operative Super Market Building First Floor, New No.379, Anna Salai, Teynampet, Chennai – 600018. Case No. 18233 /Enquiry/2009

Date of Enquiry: 23rd December , 2009 at CHENNAI

Present: Thiru S. RAMAKRISHNAN, I.A.S.,(Retd.) State Chief Information Commissioner

Thiru G. Ramakrishnan, I.A.S. (Retd.) State Information Commissioner

Petitioner: Thiru S. Nalankilli 4/A, Jalapathi Thottam Alamelumangapuram Sathuvacheri, District-632 009

Public Authority: The Public Information Officer Sub Treasury Officer, Arcot Sub-Teasury Taluk Office Compound, Arcot,

The Public Information Officer Regional Joint Director Treasury and Accounts Department 485, Anna Salai, Nandanam, Chennai-600 035

Tmt Parameshwari W/o. Late (Thiru) Dhakshinamurthy No.321, Dr. Radhakrishnan Street, Tajpura Village Thanthai Periyar Nagar, Arcot Taluk Vellore District

Thiru D. Thirumal Deputy Block Development Officer Panchayat Union, Vellore District ======

The petitioner had asked for information on 8 counts from the Sub Treasury Officer, regarding family pension being given to a person alleging that she is claiming both the family pension as well as her own pension and alleging that suppressing this information, she has secured employment for her son on compassionate grounds. The Public Authority refused the information when the third party objected that her life and property would be in danger if this information is released. On that, the petitioner made the appeal and he has stated that the Act provides only for 10 days time to third party to object and while even after 24 days, the information was not given and extra time was given to third party to object which is incorrect. Going into the queries asked, the queries are asking about the pension given to the third party from the treasury (a) whether any pension is being given (b) whether any family pension is given (c) from which date and how much family pension is being given (d) the family members who are benefitted under the family pension (e) the bank account number to which the pension is being credited and the family pension is being credited (f) the house address given for securing this family pension. (g) the date on which the person is drawing her own pension in addtion to the family pension and (h) her current address.

Under Section 11 only information which has been given by a third party and treated as confidential by tgat third party can be withheld by the second party namely the Public Authority. The information generated by the second party and maintained by the second party as part of general reccord is not third party information. Hence, of the above queries, the information whether family pension is being paid and the amount and for how long and whether any personal pension is also being paid are public information which cannot be withheld. While bank account number and the personal address would be personal information which would be hit by section 8(1)(j) as unwarrented invasion of privacy of an individual. Since the false claim for employment has been alleged there is a public purpose also in this case seeping through, making supply of information mandatory. The Public Authority is therefore directed to supply the information asked for and report the fact to the Commission within a fortnight of this order.

STATE INFORMATION COMMISSION

Orders approved on this the 30th December, 2009, Under the Orders of the Commission

ASSISTANT REGISTRAR

Case No.18233/2009 To Thiru S. Nalankilli 4/A, Jalapathi Thottam Alamelumangapuram Sathuvacheri, Vellore District-632 009

Case No.18233/2009 To The Public Information Officer Regional Joint Director Treasury and Accounts Department 485, Anna Salai, Nandanam, Chennai-600 035

Case No.18233/2009 To Sub Treas ury Officer, Arcot Sub-Teasury Taluk Office Compound, Arcot, Vellore District

Case No.18233/2009 To Tmt Parameshwari W/o. Late (Thiru) Dhakshinamurthy No.321, Dr. Radhakrishnan Street, Tajpura Village Thanthai Periyar Nagar, Arcot Taluk Vellore District

Case No.18233/2009 To Thiru D. Thirumal Deputy Block Development Officer Alangayam Panchayat Union, Vellore District