VIJAY PRAKASH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner in this proceeding under Art. 226 of the Constitution of India, challenges a decision of the Central Information Commission (CIC) dated 17-12-2008 (the impugned order) affirming the decision of the appellate authority under the Right to Information Act, 2005 (hereafter, "the Information Act") not to allow disclosure of the information sought.

(2.) The facts necessary for deciding the case are that the petitioner is a former officer of the Indian Air Force. He apparently got married in 2001. According to the averments, he had sought resignation from the Indian Air Force, which was granted on 30-9-2001. His wife was inducted in the Defence Research Development Organization (DRDO) on 31-3-2005 and was posted at 4, Air Force Selection Board ("AFSB"), Varanasi. Eventually, differences cropped up between the two, and his wife applied for divorce. The petitioner caused to be served, through his counsel, an application to the Station Commander, 4 AFSB, requesting for information in respect of his wife's service records pertaining to all leave application forms submitted by her; attested copies of nomination of DSOP and other official documents with financial implications, and the changes made to them; record of investments made and reflected in the service documents of his wife, along with nominations thereof.

(3.) The information application was declined by the Public Information Officer, i.e. the Wing Commander of the 4 AFSB by his letter dated 25-4-2007 on the ground that the particulars sought for related to personal information, exempted under S. 8(l)(j) of the Information Act; that disclosure of such information had no relation with any public activity or interest and that it would cause unwarranted invasion into the privacy of the individual. The petitioner felt aggrieved and preferred an appeal under S.19 of the Information Act. The appeal was rejected by an order dated 25-1 -2008 by the Air Vice Marshal, Senior Officer Incharge, Administration, of the Indian Air Force, who was the designated appellate authority. Feeling aggrieved, the writ petitioner preferred a second appeal to the Central Information Commissioner.