Suspended officer`s right to access enquiry report upheld

[ganpat1956]

The Imphal Free Press

IMPHAL, Aug 19: The Manipur Information Commission has upheld the right of the joint secretary, Board of Secondary Education, Manipur, Ph Nandakumar, who is currently under suspension from service, to have access to the report submitted by the enquiry committee which looked into the irregularities allegedly committed by him during his tenure as secretary in-charge of the board.

The commission, acting on a petition filed by Nandakumar, has directed the Board of Secondary Education Manipur, to furnish a copy of the report submitted by the enquiry committee to the petitioner within a period of seven days.

The petition was filed by Nandakumar following the refusal of the SPIO, education department, to furnish the same when sought for under the provisions of the Right To Information Act.

The commission, in its directive issued yesterday, observed that the secretary, BSEM, had submitted to the commission that the matter had been referred to the legal advisor of the board, who opined that the report of the enquiry comittee should be made available only after the completion of departmental proceedings that is being taken up by the board.

The commission in this context made it clear that seeking advice of legal advisor is an internal matter of the board, and cannot be a valid reason for denying the information.

The commission further noted that the information sought does not fail under the exempted category, and even if it is considered confidential, under section 22 of the RTI, which has over-riding effect on all laws, the information can be accessed by the public.

Mention may be made that Nandakumar was suspended from his service as in-charge of the secretary of the BSEM on various charges levelled against him, among others, that of making irregular engagements and appointments for various posts in the board and drawals of his monthly salary at the pay scale of a full time secretary.

A committee headed by Kh Direndra Singh IAS (retd) constituted by the BSEM made an enquiry and submitted the report to the government.

In a related case, the state information commission has also directed that a copy of the action taken report on the recommendations of the state vigilance commission against L Rajmohan Singh, who is currently the controller of examinations and secretary in-charge of the board, should be furnished to Nandakumar.

Suspended officer`s right to access enquiry report upheld :: KanglaOnline ~ Your Gateway

[vasudha]

Originally Posted by ganpat1956

The Imphal Free Press


The commission further noted that the information sought does not fail under the exempted category, and even if it is considered confidential, under section 22 of the RTI, which has over-riding effect on all laws, the information can be accessed by the public.

Could someone please clarify how the report would continue to be confidential if it is accessible to the public? I just want to know how this works...a committee submits its enquiry report which would be confidential, until after the enquiry is complete...is that right?

[Debashis Basu]

I think one of the best objective of RTI Act is to to move the Indian society from world of confidentiality to world pf clear transparency. Hence section 22 of RTI Act was added . This section 22 states : "The provision of this Act shall have effect notwithstanding anything consistent therewith contained in the Official Secrets Act 1923 and any other law for the time being in force or in any instrument having effect by virtue of any law other than this act"