Central Information CommissionSunayana Mishra vs Ministry Of Youth Affairs & Sports on 9 August, 2023Author:Saroj PunhaniBench:Saroj Punhaniके   ीय सूचना आयोग\n                        Central Information Commission\n                            बाबागंगनाथमाग , मुिनरका\n                         Baba Gangnath Marg, Munirka\n                          नई द ली, New Delhi - 110067\n\n\nFile No : CIC/MOYAS/A/2022/143828\n\nSunayana Mishra                                           ......अपीलकता /Appellant\n\n                                      VERSUS\n                                       बनाम\nCPIO,\nEquestrian Federation of India,\nHeadquarters: T1, Station Road,\nCariappa Marg, Delhi Cantt-110010.                    .... ितवादीगण /Respondent\n\n\nDate of Hearing                   :   07/08/2023\nDate of Decision                  :   07/08/2023\n\nINFORMATION COMMISSIONER :            Saroj Punhani\n\nRelevant facts emerging from appeal:\n\nRTI application filed on          :   14/05/2022\nCPIO replied on                   :   01/07/2022\nFirst appeal filed on             :   02/06/2022\nFirst Appellate Authority order   :   01/09/2022\n2nd Appeal/Complaint dated        :   08/09/2022\n\n\nInformation sought:The Appellant filed an RTI application dated 14.05.2022 seeking the following\ninformation:"In which national under mentioned riders participated?\nWhich team they represented?1What was their position?1. Mal chand Bishnoi.          2. Naveen Punia.3. Bhagwan Singh.              4. Ravindra Singh.5. Gaurav Joshi.               6. Rakesh Gwala.7. Bhaghand Bairwa             8. Jyoti.9. Punit Kureeya.              10. Partap Singh."The CPIO furnished a reply to the appellant on 01.07.2022 stating as under:2The Equestrian Sports is an individual/club-based sport wherein state wise\nparticipation is not feasible. However, athletes can avail benefits from their state\nbased on domicile certificate.Result of above-mentioned competitions are available on our website, and it can\nbe downloaded.Submitted for your information please."Being dissatisfied, the appellant filed a First Appeal dated 22.06.2022. FAA's order\ndated 01.09.2022 upheld the reply of the CPIO.Feeling aggrieved and dissatisfied, the appellant approached the Commission with\nthe instant Second Appeal on the ground of false and misleading response from\nthe CPIO.Relevant Facts emerging during Hearing:The following were present:-Appellant: Not present.Respondent: Col. Jaiveer Singh, CPIO present through intra-video conference.The CPIO while reiterating the contents of his reply stated that a point wise reply\nalong with relevant inputs has already been provided to the Appellant. Even3otherwise, the details of averred third-party candidates regarding their\nparticipation in the sports competition, their level/position, etc. are available on\nthe website and can be easily accessed therefrom.Decision:The Commission upon a perusal of records observes that the information sought\nby the Appellant regarding the third party players contain the elements of\npersonal information of third party which is hit bySection 8(1)(j)of RTI Act. The\nsame can be garnered from a bare perusal of the text ofSection 8(1)(j)of the RTI\nAct as under:"8. Exemption from disclosure of information.--(1) Notwithstanding anything contained in this Act, there shall be no\n          obligation to give any citizen,\n                                                xxx(j) information which relates to personal information the disclosure of\n      which has no relationship to any public activity or interest, or which would\n      cause unwarranted invasion of the privacy of the individual unless the\n      Central Public Information Officer or the State Public Information Officer or\n      the appellate authority, as the case may be, is satisfied that the larger\n      public interest justifies the disclosure of such information;.."In this regard, attention of the Appellant is also drawn towards a judgment of the\nHon'ble Supreme Court of India in the matter of Central Public Information\nOfficer, Supreme Court ofIndia Vs. Subhash Chandra Agarwalin Civil Appeal No.\n10044 of 2010 with Civil Appeal No. 10045 of 2010 and Civil Appeal No. 2683 of\n2010 wherein the import of "personal information" envisaged underSection\n8(1)(j)of RTI Act has been exemplified in the context of earlier ratioslaid down bythe same Court in the matter(s) of Canara Bank Vs. C.S. Shyamin Civil Appeal\nNo.22 of 2009;Girish Ramchandra Deshpande vs. Central Information\nCommissioner & Ors., (2013) 1 SCC 212 and R.K. Jain vs. Union of India & Anr.,\n(2013) 14 SCC 794.The following was thus held:"59. Reading of the aforesaid judicial precedents, in our opinion, would\n       indicate that personal records, including name, address, physical, mental\n       and psychological status, marks obtained, grades and answer sheets,\n       are all treated as personal information. Similarly, professional records,\n       including qualification, performance, evaluation reports, ACRs,\n       disciplinary proceedings, etc. are all personal information. Medical4records, treatment, choice of medicine, list of hospitals and doctors\n       visited, findings recorded, including that of the family members,\n       information relating to assets, liabilities, income tax returns, details of\n       investments, lending and borrowing, etc. are personal information. Such\n       personal information is entitled to protection from unwarranted invasion\n       of privacy and conditional access is available when stipulation of larger\n       public interest is satisfied. This list is indicative and not exhaustive..."Nonetheless, a point wise reply along with relevant desired information furnished\nby the CPIO which is already in public domain, is in the spirit ofRTI Actmerits of\nwhich cannot be called into question.In view of the above and considering more particularly the absence of the\nAppellant during hearing despite receipt of intimation, no further relief can be\ngranted in the matter.The appeal is disposed of accordingly.Saroj Punhani (सरोज पुनहािन)\n                                                                          हािन)\n                                         Information Commissioner (सूचना आयु )\nAuthenticated true copy\n(अिभ मािणत स#यािपत  ित)\n\n(C.A. Joseph)\nDy. Registrar\n011-26179548/[email protected]सी. ए. जोसेफ, उप-पंजीयक\n दनांक /5