The major decision from the CIC came after it heard an appeal filed by Rahmat Bano of Jodhpur after the IT department held that the information sought by her on her husband’s income belonged to a third party.
Apart from this time, the CIC earlier while hearing other cases also had said that the wives of government servants have a “right” to know salary particulars of their husbands and these details should also be made public through RTI Act.
While hearing the matter, the CIC turned down the denial of information to the complainant seeking information about her husband’s gross and taxable income, and directed the income tax department of Jodhpur to provide the said information in 15 days from the date of the order.
The CIC further rejected the argument that such information pertaining to a third party and said it does not come under the definition of information under RTI.
The Commission while relying on the Bombay High Court decision in the case of Rajesh Ramachandra Kidile vs. Maharashtra SIC and Ors noted that in a litigation, where the issue involved is of maintenance of wife, the information relating to the salary details no longer remain confined to the category of personal information concerning both husband and wife, which is available with the husband hence accessible by the wife.
The Commission consisting of the Information Commissioner, Neeraj Kumar Gupta directed the respondent to inform the appellant about the generic details of the net taxable income/gross income of her husband held and available with the Public Authority for the period 2017-2018, within a period of 15 working days from the date of receipt of this order.Subscribe Taxscan AdFree to view the Judgment