Info on quasi-judicial proceedings cannot be denied: CIC

[sidmis]

Info on quasi-judicial proceedings cannot be denied: CIC

As Reported by Press Trust of India

New Delhi, Aug 4 (PTI) A public authority cannot deny information
under the RTI Act to its ex-employee on quasi-judicial proceedings
like the Court Martial, citing "fiduciary relationship" -- a bond
based on trust between him and the Government, the Central Information
Commission (CIC) has held.

"An authority has a duty to act in a transparent manner and cannot
withhold its reasoning only on the ground that there is a fiduciary
relationship between him (an employee) and the Government," Chief
Information Commissioner Wajahat Habibullah said.

The transparency panel said the proceedings before the Court Martial
and the consequential application for pardon under the Army Act are
matters, although administrative in substance, which were
quasi-judicial in nature.

The Commission passed its directions while deciding an appeal of Dr
Harish Uppal, who was denied information relating to his conviction by
a Court Martial following the Bangladesh war of 1971.

It directed the Ministry of Defence (MoD) to furnish information to
the ex-Captain regarding the outcome of his application on his
conviction by a Court Martial more than 30 years ago.

The Commission allowed Uppal inspection of the relevant records and
directed the Defence Ministry to provide copies to him stating that
the instance on the basis of which the RTI application has been moved
is relating to the Bangladesh War of 1971.

While the event may have been related to the Bangladesh war, the
information sought was specifically with regard to Uppal's petition
for pardon under the Army Act, the MoD had contended, stating that the
information were fiduciary in nature and were exempt under the RTI
Act.

Info on quasi-judicial proceedings cannot be denied: CIC

[vijendra singh]

Good decision. But why the different I.Cs. have been giving differnt views & decisions on such important matters; this also is a important question today. Every decision of I. Cs must be REASONED one.