INFORMATION COMMISSION No.2, Thiyagaraya Salai (Near Aalaiamman Temple), , – 600 018. Telephone: 24357580

Case No. 9211 /E/2013

Date of Enquiry: 21.08.2013

Present : Tmt. B.NEELAMBIKAI, M.A., B.L., STATE INFORMATION COMMISSIONER

Petitioner : Thiru N.Raghavulu Naidu, Q-24, (New No.48), M.M.D.A. Colony, , Chennai - 600 106.

Public Authority : Public Information Officer, Govt. Peripheral Hospital, , Chennai - 600 102. *******

The petitioner Thiru N.Raghavulu Naidu was present for today's (21.08.2013) enquiry. The Public Authority represented by Dr.S.Jeevan Kumar, Chief Medical Officer, Govt. Peripheral Hospital, Anna Nagar, Chennai.

2. The Second Appeal filed by the appellant under Section 19(3) of the Right to Information Act 2005, dated 28.02.2013 pertaining to the RTI petition dated 26.12.2912 filed under Section 6(1) and the first appeal dated 11.01.2013 filed under Section 19(1) of the Right to Information Act 2005 was taken up for enquiry today (21.08.2013).

3. In the petition dated 26.12.2012, the appellant has sought for information regarding 9 items about Dr. G.Gopalaswamy, who worked as a Doctor in the Tamil Nadu Government Primary Health Centres at various places. The appellant has furnished one format and sought for information for 3 items regarding the qualifications, treansfer certifícate, mark sheets and community certifícate of the said Doctor. In item No.4 and 5, the appellant has sought for the sevice particulars of the said Doctor. Item No.6 is regarding the resignation, retirement and upsconding of Dr. G.Gopalaswamy. Iten No.7 and 8 are regarding application submitted for entrance examination of M.S. and rejection / recommendation of the Director of Kallakurichi and Director of Medical Services of Tamil Nadu and finally, item No.9 is regarding departmental action against Dr. G.Gopalaswamy.

4. During enquiry, the Public Information Officer who appeared before the Commission submitted before the Commission that the information sought for by the petitioner in item No. 1 to 5 were pertaining to the Service Register details and Dr. G.Gopalaswamy who was on unauthorised absence from service from 18.11.2005 and due to his long unauthorised absence, he was surrendered to the Directorate of Medical Education. He further added that since because Dr. G.Gopalaswamy was tranferred to Arignar Anna Memorial Hospital, Karapettai, Kancheepuram, his Service Register was sent to the Arignar Anna Memorial Hospital, Karapettai, Kancheepuram through the Director of Medical Services and all these details were furnished to the petitioner by their letter dated 07.01.2013 and as such their office do not have the information submitted by Dr. Gopalaswamy at the time of joining Government service and also other service particulars.

5. Perusal of records reveal that the Appellate Authority has given a reply to the petitioner by his letter dated 04.02.2013 thereby informing the appellant that Dr. G.Gopalaswamy was already removed from service as per Govt. Order. As far as item No.6 is concerned, the Public Information Officer has furnished information by his letter dated 07.01.2013. As far as item No.7 and 8 are concerned the appellant has asked for information from the Director of Primary Health Centres, Kallakurichi and Director of Medical Services, Chennai. The Public Information Officer has clarified before the Commission that the information regarding item No. 7 and 8 were pertaining to the Director of Primary Health Centres, Kallakurichi and Director of Medical Services, Chennai only. As far as item No. 9 is concerned, the Appellate Authority by his letter dated 04.02.2013 has clearly stated that Dr. G.Gopalaswamy was already removed from service as per Govt. Order.

6. In the above circumstances, the Commission concludes that the appellant has sought for third party information, therefore would come within the purview of Section 8(1)(j) of the Right to Information Act, 2005 is not givable in view of the decisión of the dictum laid by the Hon'ble Supreme Court of in SLP (Civil) No.27734 of 2012 (@ CC 14781/2012) (Girish Ramchandra Deshpande Versus Central Information Commission and others):

"the performance of the employee / officer in an organisation is primiarily a matter between the employee and the employer and normally those aspects are governed by the service rules which fall under the expression "personal information", the disclosure of which has no relationship to any public activity and public interest. The petitioner in the instant case has not made a bonafide public interest seeking information, the disclosure of such information would cause unwarranted invasión of privacy of the individual under Section 8(1)(j) of the RTI Act" and also that the petitioner cannot claim those deails as a matter of right.

7. In the above circumstances, the appeal is dismissed.

Orders approved this day 30.08.2013 . STATE INFORMATION COMMISSION Under the Orders of the Commission.

ASSISTANT REGISTRAR Case No. 9211 /E/2013

To

Public Information Officer, Govt. Peripheral Hospital, Anna Nagar, Chennai - 600 102.

Thiru N.Raghavulu Naidu, Q-24, (New No.48), M.M.D.A. Colony, Arumbakkam, Chennai - 600 106.

Copy to: FOC / Judgement File / Scan ptl