LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

gautam (not disclosed)     19 January 2014

Wife has right to know husband's salary: cic

Wives of government servants have a "right" to know salary particulars of their husbands and these details should also be made public by their offices as mandated under suo-moto disclosure clause of the RTI Act, the Central Information Commission has held.

Information Commissioner M Sridhar Acharyulu said every spouse has a right to information about the salary particulars of the other especially for the purpose of maintenance.

"More so, wife has a right to know the salary particulars of the husband, who is an employee of the public authority," he said.

The commissioner further said that the details about a government employee's salary is no third party information and these have to be voluntarily disclosed under Section 4(1)(b)(x) of the RTI Act.

He said the salary paid to the public authority is sourced from the tax paid by the people in general and it has to be disclosed mandatorily under the RTI section.

"The information about the salary of employee or an officer of the same public authority cannot be considered as a third party information... Public authorities cannot reject such RTI applications about salary under the pretext of the third party information," he held.

Acharyulu warned the Home Department of Delhi government that such denial of information will be wrongful and could incur penalty. The warning was in context of an application filed by Jyoti Seherawat seeking salary slip of her husband who is employed at the Home (General) department.

The information was denied as her husband gave in written to the department that such an information should not be provided to anyone.

 

https://www.business-standard.com/article/pti-stories/wife-has-right-to-know-husband-s-salary-cic-114011900261_1.html



Learning

 15 Replies

dv (ghvhb)     19 January 2014

I work for private sector over seas where we have to sign a confidentiality contract which includes not disclosing salary to immediate family members. This was drafted by legal team of the company and was allowed by the labor department . (Not in india) So how can my wife in a dv case filed by her say she knows my salary when i have not diclosed itto anyone and she has no proof.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     20 January 2014

RTI act applicable to Indians.

Fight for justice (Consultant)     20 January 2014

I am totally agree with that we basiccally sign a non desclpsour form to ensure no one should know the salary  of a person.When this confidentially agreement is already there in private sector how come a wife get those details.This is purely impossible against the company policy.Any suggestion.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     20 January 2014

RTI is applicable only on Govt. Dept not pvt. dept or companies

dv (ghvhb)     20 January 2014

Thanks ramachary and nadeemji

dv (ghvhb)     20 January 2014

But can a judge in my case firce me under crpc 91 I assume to decalre my salary..... I have the contract which legally binds me not.to declare...my salary as per law of the land where i work. Already my company hr through company lawyer replied that indian court has no jurisdiction on my company and hence they cannot demand or ask them any information about their employees even if the employees fall witjin their jurisdiction. So I am confused if I declare then I violate company contract and they can sue me if I don't then I have to face indian goverment What to do .....please help

T. Kalaiselvan, Advocate (Advocate)     21 January 2014

@dv:  If your company is located in India, it has to obey the court order which seeks information to be furnished under the provisions of section 91 Cr.P.C. There is no escape from it. Your company cannot say that since it is a foreign company and has its own rules and laws, it cannot obey our court's order, if that is the case, it may have to wind up its business in our country for not obeying or adhering to the law of the land.  The private companies do not come under the ambit of RTI but they cannot disobey the court of law.

1 Like

dv (ghvhb)     21 January 2014

My company is not in india , its outside india and i work overseas ....will crpc 91 still apply on me as an obligation to declare my salary since I am contaract bound by my company which is overseas ( not in india) This is where I am confused Do I obey the contract and law overseas where I work ( I will loose my job and the company will initiate legal proceedings for violating non disclossure and confidentialty contract) Also if I do it and do not disclose to the company my wife will disclose to the company as she has tried to defame me by writing to them. She is playing chess.... Or Do I submit to crpc 91 in india Any judgements to help me

stanley (Freedom)     21 January 2014

@ DV

As your company is located abroad and you work  over seas the court has no jursidiction for calling of your company slip from abroad even under the provisions CRPC 91 as this is a act which is applicable only in india and not for companies abroad . But mind you the judge would take into consideration as per his own whims and fancies ( needs of your wife ) a  more or less appropriate amount for her maintainence which may turn out to be on the higher side also. Your wife may even state that you earn 3 lacs a month even though the burden of proof lies upon her but in the end to prove to the court that you dont earn that amount what would you do ( you may have to show your salary slip that you earn only Rs 20,000 per month ;) . And in the end you may end up stating that the maintainence awarded is on the higher side and than you may have to go in for appeals alternatively they may take into consideration the minimum wages act of the country that you reside for maintanence  even if you state that you are jobless .

Your company abroad would never give away your salary details or your salary slip . The reason being that that the opposite counsel  would try to summon them to india just to harass them on petty grounds . And no company wants to get tangled in legal dipsutes . 

dv (ghvhb)     21 January 2014

Thanks for the clarification but what about the indian court forcing me under crpc 91 to submit my salary as I am legally contract bound by my company

dv (ghvhb)     21 January 2014

The scenario is they still have to succeed in sending me summons overseas...it has failed two times. They have implicated my 5 family member's. Including my mom rest are married siblings. One of them went for quash in high court where she got a stay . No prima facie domestic relation was established as my wife was overseas with me and she came to india and filed cases in 10days Her lawyer waived off his rights for final hearing in high xourt and matter was admitted . Now based on facts and they have no evidence to adduce except witness of her brother and sister which is again doubtful as they are related to her. We are going for dimissal of names as she has implicated my siblings who does not live in india and is a foreign citizen by saying he is a resident of india. After dismissal of names we go to dismiss the petition as it is malafide. Please suggest if we are on right track

ANIMESH SAHU (Lecturer)     30 January 2014

what is CIC order number date ?

siranjeet (JE)     31 January 2015

Whether decision of CIC is binding on state information commission as CIC is appealent authority for central govt deptt where as SIC is appealent authority for state govt deptt

Charu Gupta   23 June 2016

My husband is working in a private company and i want his pay slip details of past 3 years for my divorce case. how can i get it. Through RTI Act or by sending a notice through court to his HR Department. 

Kindly revert at earliest it urgent.

Thanks,

Charu Gupta

 

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads


Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query