Whenever any information is to be denied, it must be denied under the relevant exemption provision of RTI

[ambrish.p]

Whenever any information is to be denied, it must be denied under the relevant exemption provision of RTI

Appellant had sought a number of personal details about a retired
judge of the High Court including his date of birth, name of his father and his
educational qualification. The CPIO had refused to disclose the information
under its own rules. The Appellate Authority had endorsed the decision of the
CPIO.

During the hearing, the Respondent submitted that the desired
information had no relation to any public interest and activity and, therefore, it
was not disclosed in terms of the relevant rule framed by the High Court.
Admittedly, the desired information is personal in nature and is about a retired
judge. This information squarely falls within the exemption provision of
subsection 1(j) of section 8 of the Right to Information (RTI) Act. It could have
been denied under that provision. No competent authority can possibly add or
subtract from the provisions already made in an enactment. Therefore,
"whenever any information is to be denied, it must be denied under the relevant
exemption provision of the Right to Information (RTI) Act and not under the
rules framed by the competent authority for the purpose of implementation of
the Act."

http://www.rti.india.gov.in/cic_deci...95_M_87462.pdf

Full credit to Karira Sir.