HC: Wife is entitled to know what 'Salary' her husband is getting. Read Order Here

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26 May 2018

May 27,2018:

Madhya Pradesh High Court has expounded that a wife is entitled to know what remuneration her husband is getting. HC upheld an order of Central Information Commission (CIC).

HC Bench enunciated that,"While dealing with 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".

MP HC Bench comprising of Justice SK Seth and Justice Nandita Dubey was hearing a Writ Appeal filed by the wife on the issue Whether the information sought is exempt under Section 8(1)(j) of the Act or it is covered by Section 4(1)(b)(x) which obliges the public authorities to display on public domain the monthly remuneration received by each of its officers and employees.

Wife had filed a petition seeking maintenance from her husband in which she alleged that, as a very high officer in the Telecommunication Department (BSNL), her husband is drawing salary more than Rs. 2,25,000 per month.

Wife had sought this information from BSNL through the RTI, which was denied. After a few rounds of litigations, the matter reached the Central Information Commission, which passed the order under Section 4(1)(b)(x) of the Right to Information Act directing BSNL to comply with the provisions of the Act by making information about remuneration available on the public domain.

The husband, and his employer, BSNL, approached the Madhya Pradesh High Court challenging the CIC order.

Single Judge Bench set aside the CIC order referring to the judgment of the Supreme Court in Girish Ramchandra Deshpande vs. Central Information Commissioner and others. In the said case, the apex court had held copies of all memos, show cause notices and orders of censure/punishment, assets, income tax returns, details of gifts received etc. by a public servant are personal information as defined in Clause (j) of Section 8(1) of the RTI Act.

High Court allowed writ appeal and upheld CIC's order, while setting aside Single Bench order.