Need Help: denial of information invoking Section 8(1)(e) of the RTI act

[k.sathyanarayanan]

I had sought from my employer IDBI Bank ltd list of names of all employees who exercised option in writing for joining the IDBI Voluntary Health Scheme, 1984. This scheme is intended to take care of post retirement medical care of its employees. There is no confidentiality involved in it because of welfare measure. However, the bank has declined to disclose the information stating as under:
"The information sought for is related to personal information pertaining to the employees of the bank and the disclosure of which has no relationship to any public activity or interest and the same is held by the bank in its fiduciary relationship. Disclosure of such information is exempted under Section 8(1)(e) ad (j) of RTI Act 2005."

I feel the decision of the CPIO is erroneous since the information sought for does not come under the ambit of fiduciary relationship because the employees remit monthly subscription towards the scheme during their service and after retirement Bank grants medical aid to employees both for hospitalisation and non-hospitalisation. Since some of the employees have been denied the facility stating they are not members of the scheme, I sought the information. Kindly guide me as to how I should contest the claim of the CPIO. On two earlier occasions, bank stated that the records are not readily available and hence could not furnish the information. On other occasion, Bank suggested that I could ask for specific information. Since some of the employees have been denied the facility stating they are not members of the scheme, I sought the information. Kindly guide me as to how I should contest the claim of the CPIO. Section (J) also provides hat the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.

K. Sathyanarayanan

[abhi987]

Sponsorer

The PIO has given his decision, irrespective of its correctness or otherwise.

As per the provisions of RTI Act, if one is not satisfied with the PIO's decision, one needs to file an appeal against that decision.

Please file a First Appeal with the concerned First Appellate Authority.

Kindly click on the following link to learn more about the flow of a RTI application: http://www.rtiindia.org/forum/blogs/...plication.html

[jps50]

Please refer following links and prefer first appeal:

Sec 8:
http://www.rtiindia.org/forum/blogs/...decisions.html

HOW TO FILE FIRST APPEAL [CENTRAL/STATE]
How to write First Appeal under RTI? - Guide

[RAVEENA_O]

IDBI Voluntary Health Scheme, 1984 is a welfare scheme for the benefit of its employees. Therefore subscription to the scheme cannot be construed as information held in fiduciary capacity and hence s.8(1)(e) is not applicable to the information sought by you.

The scheme being a welfare scheme, the names of employees subscribed to the scheme cannot be personal information. The disclosure of a person's name cannot cause any invasion to his privacy as also the implementation of the Scheme itself is a public activity having public interest and hence the provision of sec.8(1)(j) cannot be invoked to seek exemption from disclosure.

Please file Fist Appeal within stipulated time limit.

RTI TIME SCHEDULE :
http://www.rtiindia.org/forum/attach..._under_rti.pdf