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ADITI MONDAL   28 September 2021

information under RTI

can my wife seek information about my salary through RTI from my employer . I am a PSU Bank employee . Recently my Bank received RTI copy asking for my salary slip . We are seperated for 2 years . No cases registered on me till now .
please advice


 3 Replies

minakshi bindhani   29 September 2021

As per the illustrated query!

Section 8 (1) (j) of the RTI Act does not allow divulging personal information of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the central public information officer (CPIO) or the appellate authority is satisfied that the larger public interest justifies the disclosure of such information.

However, the CIC adopt a lenient view that on humanitarian grounds, generic information from income tax returns should be given to the wife who has no source of income and has to support schoolgoing children and seeks information about the husband’s salary so that she can claim maintenance.

The CIC may allow such a request notwithstanding anything otherwise.

Hope it clarifies the issues!
Regards
Minakshi Bindhani

Anusha Singh   30 September 2021

As per your query it is understood that your wife has filed RTI to get the information about your salary slip and you do not want to disclose it to her. Also, the fact that you and your wife are living separately from last 2 years, assuming that you are not divorced as you’ve not mentioned anything about it and as there is no case filed which clearly indicates that she is still your lawfully wedded wife.

Most of the times the RTI to get the information about husband’s salary is filed by the wife before claiming the alimony by husband or if she is suspicious about infidelity on part of the husband. In your case as you have mentioned that no case is filed against you yet. It is possible that she is planning to file a divorce case and wants to know about your income to claim alimony from you.

In the case of Rahmat Bano Vs. The CPIO, O/o the Income Tax Officer (Central Information Commission, New Delhi) the appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO) such appeal made by her was disposed of by the concerned authority. She filed a second appeal u/Section 19(3) of the RTI Act before the Commission on the ground that information has not been provided to her and requested the Commission to direct the respondent to provide complete and correct information. After hearing both the sides and disposing of the second appeal made by the wife the Commission referred to the judgment of the Hon’ble Supreme Court of India in Girish Ramchandra Deshpande vs. Central Information Commission & ors. wherein it was held as under:

14. “The details disclosed by a person in his income tax returns are “personal information” which stand exempted from disclosure under clause (j) of Section 8(1) of the RTI Act, unless involves a larger public interest and the Central Public Information Officer or the State Public Information Officer or the Appellate Authority is satisfied that the larger public interest justifies the disclosure of such information.”

The appeal was filed in the High Court and it was held by the bench of High Court that While dealing with the Section 8(1)(j) of the Act, we cannot lose sight of the fact that the appellant and the respondent No.1 are husband and wife and as a wife she is entitled to know what remuneration the respondent No.1 is getting.

Hope it helps!

Regards,

Anusha Singh

 

ADITI MONDAL   04 October 2021

thanks to all of you for making my concept clear.
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