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Synopsis

In a recent decision, the Central Information Commission (CIC) directed a Central Public Information Officer (CPIO) to provide a man with "generic details of the net taxable income or gross income" of his wife. The husband, involved in an ongoing maintenance case, sought this information to corroborate evidence in support of his case.

The CPIO had initially denied the information under Section 8(1)(j) of the Right to Information Act (RTI Act), citing privacy concerns. The husband's first appeal was also rejected, invoking the Supreme Court's decision in Girish Ramchandra Deshpande Vs Central Information Commission & Ors.

However, the Commission ordered, "Commission directs the CPIO to provide only the “generic details of the net taxable income/gross income” of the Appellant’s wife for the specified time period as contained in the RTI Application to the Appellant free of cost within 15 days from the date of receipt of this order. A compliance report to this effect shall be sent to the Commission by the CPIO immediately thereafter within 7 days."

However, the CIC, referring to a similar case precedent (Rahmat Bano vs Chief Commissioner Of Income Tax), ruled in favor of the appellant. The CIC noted that basic protection under Section 8(1)(j) cannot be lifted in private disputes like marital issues. Yet, it acknowledged that previous decisions allowed disclosure in certain contexts, considering rulings from high courts.

The Madhya Pradesh High Court and the Bombay High Court had both emphasized the relevance of salary details in maintenance disputes. Applying these precedents, the CIC directed the CPIO to provide "generic details" of the wife's income to the appellant within 15 days. This decision underscores the nuanced approach required when privacy and public interest considerations intersect in RTI cases.

Case Title: YASH MALHOTRA  Vs. CPIO,  lncome Tax Department,