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Thread: SC order on personal info not binding: Sridhar Acharyulu

  1. SC order on personal info not binding: Sridhar Acharyulu


    A Supreme Court order, commonly cited by a public authority to deny "personal information" of officials, cannot be a ground for refusing records under the RTI Act, Information Commissioner Sridhar Acharyulu said today.

    In his presentation on "Scope of Privacy of 'Public' Servant" at a seminar on RTI implementation here, Acharyulu said in the Girish Ramachandra Deshpande case, the apex court in 2012 had ordered that his Special Leave Petition challenging the order of Bombay High Court is to be dismissed.

    "Dismissal of Special Leave Petition means the Supreme Court did not permit the appellant to file an appeal over the order of division Bench of Bombay High Court," he said.

    Read more at: fullstory



  2. #2

    Re: SC order on personal info not binding: Sridhar Acharyulu


    Sir,
    It is decision. Bt what point is underlined. As I think, there are following possibilities:
    1. It appears that the appellant was not having full facts, to make out a ground that the matter relates to "Larger Public Interest" and he is on a creamy seat, while a no. of serious complaints were made, investigated & bried.
    2. The main ground of dismissal of appeal appears to me "Matter between Employer & employee". Then why sectio 4 (b) made the public authority liable to digitize & update it. Why Citizen Charters/ Why we ask for the names of employees responsible under act.
    So seniors, like you, should enlighten us the angle which is not visible & beneficial.
    Last edited by deepakdang; 20-05-17 at 11:24 AM. Reason: Duplicacy

  3. Re: SC order on personal info not binding: Sridhar Acharyulu


    Hon Ic is absolutely right, as what is personal information has been defined in earlier judgments. Hon SA has stated what was that personal information as per previous SC judgment like religion, marital status etc.,
    My only doubt is how and why ICs are giving such decisions, when PIO is not interpreting the same in proper way.
    When a public servant is performing duty, and the information is required on such duties, stating that it is in between employer and employee is not proper.
    Let us wait for such decisions from CIC .
    To be honest, if any judgment has hit implementation of RTI, it is this SC judgment that has given very long rope to PIOs and killed the spirit of RTI.
    Congratulations to Hon IC SA, for his open and bold approach in giving his point and giving correct interpretation as far as RTI is concerned.

    I personally feel that as Hon IC , a Law Professor himself has clarified the issue, now enclosing this paper, one can make FAA convince as interpretation of IC is always taken as proper that interpretation by PIO himself.



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