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The case relates to one R K Arya who sought details of residential addresses and income tax returns under the RTI Act of two Delhi police officers -- Sub-inspector Suresh Lakra of Security Branch and Inspector R K Gulia of Crime Branch.
Arya alleged that these officers had "looted" him while they were posted in the Economic Offence Wing and by getting the residential addresses, he could expose their lavish lifestyle and press corruption charges against them.
But the information was denied by the Delhi Police citing it was personal information which was exempted from disclosure under the RTI Act.
The Delhi Police in its reply said that Gulia was living in a private accommodation and not the one being provided by the government.
"We cannot, therefore, hold that disclosure of the residential address of an official holding public office is private information exempt from disclosure under the RTI Act. This information merits uploading as part of a directory of officials on the website of every public authority as mandated under the... Act," Chief Information Commissioner Wajahat Habibullah said.
The CIC, however, relaxed the conditions for the officers who are working on sensitive cases.
"There can be exception to this rule if the work of a official concerned is of sensitive nature that any such disclosure could lead to apprehension of danger to the life or physical safety of the person," said Habibullah.
However, he put a rider that this clause should not become the general principal in the disclosure of the information.
"A conscious decision of this nature will have to be taken with regard to each such official failing which this exemption cannot be claimed in a general manner," the CIC directed asking the Delhi Police to update the information with regard to their entire staff on its website.
While explaining the reasons behind the decision, Habibullah said, "In this matter it is clear that even if an official opts to retain private residence as official residence, he is entitled to a house rent allowance to cover the cost of the rent of that accommodation. The official residence will be that which has been notified by the official to his or her department which is in any case required to be done and necessary for a department in providing a directory of its officials on its website," he said.


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