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Thread: Reveal info on empanelment of sr. officers: CIC

  1. #9
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    Re: Reveal info on empanelment of sr. officers: CIC


    As reported by IANS in sify.com on 31 July 2010:
    Appointments of senior officials not under RTI: Court

    Appointments of senior officials not under RTI: Court

    The Delhi High Court Friday said that information pertaining to appointment of top bureaucrats cannot be revealed under the Right to Information (RTI) Act.

    Justice S. Muralidhar passed this order while dismissing the plea of RTI activist and Magsaysay Award winner Arvind Kejriwal, seeking disclosure of the information on the ground that people had the right to know as to what was the grade assigned to an officer who was empanelled.

    The court also set aside the order of the Central Information Commission which had held that information relating to appointment of secretaries in different ministries falls within the ambit of the transparency law.

    'This court holds that the CIC was not justified in overruling the objection of the centre and directing the government and the DoPT (Department of Personnel and Training) to provide copies of the documents as sought by Kejriwal,' the judge said.

    Setting aside the contention of the central government that the disclosure would amount to revealing details of an officer, the CIC had directed the department and the cabinet secretariat to disclose details pertaining to selection of officers for the posts of secretaries and additional secretaries.


    Twitter: @cjkarira

  2. #10
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    Re: Reveal info on empanelment of sr. officers: CIC


    The News report in the above post is a clear misrepresentation by the reporter.
    The Court order does not say any such thing.
    It only says that CIC must consider the views of the "third party" before taking any such decision.
    Twitter: @cjkarira

  3. #11

    Re: Reveal info on empanelment of sr. officers: CIC


    Hello forum,

    Hon. Justice (misreported) judgment is uploaded here. Plz have a look.

    SMD30072010CW66142008.pdf

    Direct Link

  4. #12
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    Re: Reveal info on empanelment of sr. officers: CIC



    As reported by IANS in newkerala.com on 29 March 2011:
    Notice to government on plea for appointments in RTI ambit - World News, 177928

    Notice to government on plea for appointments in RTI ambit

    New Delhi, March 28 : The Delhi High Court Monday sought the central government's response on a petition challenging a single judge's ruling that information pertaining to the appointment of top bureaucrats cannot be revealed under the Right to Information (RTI) Act.

    A division bench of Chief Justice Dipak Misra and Justice Sanjiv Khanna issued notice to the department of personnel and training (DOPT) and sought its reply by July 14 on an appeal filed by RTI activist and Magsaysay Award winner Arvind Kejriwal against the single judge's order, given in July 2010.

    Kejriwal had requested the government to provide him the information on the ground that people had the right to know the grade assigned to an officer who was empanelled.

    In his petition, he said that he was allowed to inspect files pertaining to appointment of secretaries, deputy secretaries in different ministries but he was not supplied with photocopies of the documents.

    Kejriwal had approached the Central Information Commission (CIC) which had rejected the the government's argument that the disclosure would amount to invasion in the privacy of an officer, and June 12, 2008 asked the DOPT and the cabinet secretariat to disclose details pertaining to selection of officers for the posts of secretaries and additional secretaries.

    However, the central government approached the Delhi High Court against the CIC's order.

    The single judge had set aside the order and rejected Kejriwal's plea that information relating to appointment of secretaries in different ministries falls within the ambit of the transparency law and justice.

    "This court holds that the CIC was not justified in overruling the objection of the centre and directing the government and the DoPT to provide copies of the documents as sought by Kejriwal," the single judge had said.
    Twitter: @cjkarira

  5. #13
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    Re: Reveal info on empanelment of sr. officers: CIC


    As reported by PTI in news.outlookindia.com on 14 July 2011:
    https://news.outlookindia.com/item.aspx?727780

    HC Reserves Order on Arvind Kejriwal's Plea

    The Delhi High Court today reserved its verdict on a plea against a single judge's order that information pertaining to selection process for appointment of top bureaucrats cannot be revealed under the Right to Information (RTI) Act.

    A division bench of Chief Justice Dipak Misra and Justice Sanjiv Khanna reserved the order after hearing the arguments from the Centre as well as counsel of petitioner - civil rights activist Arvind Kejriwal.

    RTI activist and Magsaysay Award winner Kejriwal has sought a direction to the government to provide him information on the ground that people had the right to know details such as what was the grade assigned to an officer who was empanelled.

    Kejriwal had earlier moved the CIC saying that he was allowed to inspect files pertaining to appointment of secretaries, deputy secretaries in different ministries but he was not supplied with photocopies of the documents.

    The CIC had rejected the government's argument that the disclosure would amount to invasion of privacy of an officer while directing the DoPT and the cabinet secretariat to disclose details pertaining to selection of officers for the posts of secretaries and additional secretaries on June 12, 2008.

    Challenging the CIC findings, the Centre had moved the Delhi High Court and the judge had set aside the order and rejected Kejriwal's contention that information relating to appointment of secretaries in different ministries falls within the ambit of the transparency law.

    "This court holds that the Central Information Commission (CIC) was not justified in overruling the objection of the Centre and directing the government and the DoPT (Department of Personnel and Training) to provide copies of the documents as sought by Kejriwal," the judge had said.
    Twitter: @cjkarira

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