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Thread: Service matter which benefit the seeker in court doesnot serve public interest

  1. #9
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    rajendra bakre
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    Re: Service matter which benefit the seeker in court doesnot serve public interest


    I think IC erred on a vital law point.

    The RTI Act specifically states that applicant need not give any reason for information sought.

    The PIO/AA or IC should only decide whether the information is exempted under the Act.

    To determine the exemption of the information the authority can not argue that the applicant will be using the information in a particular manner and hence falls under any exemption clause. The information can be exempted only if it absolutely falls under any exempt category.

    In this case a diametrically opposite order has been passed by Kerala HC, wherein it was held that employee has every right to get information about service matters.

    The HC decision is available here

    https://www.rtiindia.org/directory/up...a-bank-case-6/



  2. #10

    Re: Service matter which benefit the seeker in court doesnot serve public interest


    Actually some I.Cs are delivering fair decisions on appeals ;while others are writing decisions without applying their mind. I.Cs are neither accountable , nor punishable ; hence this is the appellant who has to be in trouble afterwards. You said rightly that PIO or I.C cannot deny the info if not exemted u/s 8 or 9.
    Last edited by ganpat1956; 03-09-08 at 10:25 PM.

  3. #11

    Re: Service matter which benefit the seeker in court doesnot serve public interest


    Quote Originally Posted by vijendra singh View Post
    Actually some I.Cs are delivering fair decisions on appeals ;while others are writing decisions without applying their mind. I.Cs are neither accountable , nor punishable ; hence this is the appellant who has to be in trouble afterwards. You said rightly that PIO or I.C cannot deny the info if not exemted u/s 8 or 9.
    i entirely agree with the above observation. The instances of miscarriage of justice are too many. it is not clear why some i.cs. fail to understand that their job is limited to ascertain whether the saught information is barred or not by section 8 of the Act and if not so barred force the P.I.O to supply it and see to it that the supplied information and documents correct and complete as per the request of the information-seeker. Deterrant penalties should be imposed on dithering P.I.Os for evading supply of incomplete or wrong information or unspecifed documetns. - SANJOG MAHESHWARI

  4. #12

    Re: Service matter which benefit the seeker in court doesnot serve public interest



    Hi
    I have seen and I am of the opinion that Sh. M.M. Ansari, I.C., has not come out of his former mindset. I am not surprised with the decision .

    regards,
    Sudesh Gogia
    Last edited by ganpat1956; 13-01-09 at 09:37 PM.

  5. #13
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    Ravindrakumar Maheshwari
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    Re: Service matter which benefit the seeker in court doesnot serve public interest


    The decision of IC is surprising; in fact, the PIO has denied the information u/s 8(1) (d) & (g). In the hearing also, CPIO contended that the documents relate to various petitions filed by appellant in court and pleaded that the disclosure might adversely affect disputed cases. IC rejected appeal u/s 8 (1) (j). There have been two different stands, yet the appellant has to go with empty hands, very surprising. In the recent decision (F.No.CIC/AT/A/2008/00705) on 27/11/2008), IC, AN Tiwari, ordered to disclose the information denied by CPIO under Section 8 (1) (h). Here is the operative part of the order : Section 8(1)(h) of the Act is specific about matters under investigation and prosecution and holds that should it be construed that the requested information, if disclosed, would impede the investigative or the prosecution process, its disclosure could be barred under that Section. None of those elements of the Section can be said to apply to a sub-judice matter. Apart from the above, Appellate Authority should have also taken into account the fact that simply because a matter has been taken before a law court does not alter the character of the information in terms of the provisions of the RTI Act. If the requested information is known to be disclosable, there is no reason why it should not be disclosed even if it may be the subject matter of a court proceeding. The argument that the public authority would weaken its case before the court if it discloses the information to the very party who it is contesting in the court proceeding, does not hold water in the context of the RTI Act. The question to be asked under this Act is whether a requested information is to be disclosed under the provisions of the Act, or it is to be withheld from disclosure under exemption Sections of the Act. There cannot be a situation where the public authority holds that an information otherwise disclosable shall be withheld from disclosure simply because the matter is now before a court for decision. These arguments and reasonings are unacceptable in the context of the RTI Act. It could have been preferred to reject the present appeal u/s 8 (1) (h), but to avoid conflicting decisions, the appeal is rejected u/s 8 (1) (j), as it appears. Anyway, we are helpless.

  6. #14

    Re: Service matter which benefit the seeker in court doesnot serve public interest


    Dear mpai
    Could you provide decision number of Supreme Court?

  7. #15
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    C J Karira
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    Re: Service matter which benefit the seeker in court doesnot serve public interest


    Quote Originally Posted by s.kumar_ecr View Post
    Dear mpai
    Could you provide decision number of Supreme Court?
    This is a very old thread.
    The last post in this thread, before yours, was in December 2008
    Twitter: @cjkarira

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