Performance of an employee comes under personal information, says Jammu and Kashmir and Ladakh High Court

High Court of Jammu and Kashmir and Ladakh has stated that the performance of an employee comes under personal information and shall not be disclosed without consent. Performance of an employee comes under personal information, the HC stated further.

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Performance of an employee comes under personal information, says Jammu and Kashmir and Ladakh High Court

High Court of Jammu and Kashmir and Ladakh has stated that the performance of an employee comes under the category of personal information. The High Court ruled that the cand would further fall within meaning of personal information.
The observation was made by a bench comprising of Justics Tashi Rabstan and Sindhu Sharma on Saturday, November 5, 2022.
The observation was made based on a plea filed by Kendriya Vidyalyaya Sangathan, KVS which challenged the Central Information Commissioner’s direction to its Public Information Officer to furnish the ‘complete and truthful information point-wise’ to an applicant under the Right to Information, RTI Act.
The petitioner had sought for copies of all th complaints filed against one of the employees of KVS. However, the Public Information Officer a KVS declined to provide the information as it qualified as ‘personal information’ under Section 8(1)(j) of the RTI Act, 2005.
As per section 8(1)(j) of the RTI Act, “any information which will not be denied to the Parliament or the State Legislature should not be denied to any person”. However, upon hearing the petition, the Jammu and Kashmir and Ladakh High Court has stated that an employee’s performance counts as personal information within the provisions of Section 8(1)(j) of the RTI Act, 2005.
“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 or public interest,” the court said, adding, “On the other hand, the disclosure of which would cause unwarranted invasion of privacy of that individual,” read the judgement passed by the court.
The High Court further stated that disclosure of such information would count as invasion of privacy of the individual concerned.

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