Salary concerned information of employees has to be revealed under The RTI.
Under the Central Information Commission, I just heard the appeal of an RTI applicant, who sought information related to the salary provided to a person and the disability certificate presented by him. The CPIO objected to giving information on these specific points of response after 57 days.
Several CIC orders and court judgments have held that Few phases of the salary of an employee can be revealed under the RTI Act.and also the Commissioner admitted that the salary information of employees in the department is to be revealed. The Commission further stated that opposing any such information, as the information of third parties is illegal and accordingly directed the defendant to provide complete information to the appellant within the next fifteen days.
Amount of Salary and the details of the pay scale of a public servant can be part of voluntarily disclosable information under Section 4(1)(b), whereas deductions, personal loans, details gross salary paid for a particular month or seeking a salary slip and residential addresses are not disclosable unless the larger public interest
is involved. If an RTI Application is filed for that information, the larger public interest has to be examined by the PIOs, Appellate Authorities and the Commission.
The information about the salary which is part of the ‘scale’ is public. The information for instance, about the deduction of installment for a personal loan, payments or savings made by public servants, expenditure details, etc is his personal information. As for whether he/she wants to give that private information to the
other people or not is the personal discretion of the people. Thus it becomes third party information as far as the people are concerned. The Commission holds that the information about the salary and pay the scale would serve the interest and purpose of maintenance rights of the people. Especially, when the people is seeking the salary information from the public authority where he/ she is working as a public servant, the public authority must render required assistance by providing necessary information to secure justice.