Bangalore Mirror: Bangalore: Tuesday, August 22, 2017.
The State
Information Commission (SIC), which is supposed to ensure government officials
cannot use excuses to hide information, has itself ordered that information on
appointment, transfer and promotion of a public servant is personal.
This order
has drawn flak from the RTI fraternity, which has called for its immediate
withdrawal.
The SIC order
came in a case on an RTI application, in which, one S Gopal in December 2015
had sought information pertaining to an officer, Muniraju, then joint
commissioner, BBMP, Bommanahalli zone.
Gopal had
sought information on the appointment order in services of rural development
and panchayati raj development, all promotion orders and transfer orders issued
to him since his date of joining service till date and a certified copy of the
order issued appointing him as joint commissioner.
As
information was not provided, Gopal filed his first appeal in January 2016 and
the second one in April 2016 before SIC. The commission heard the case recently
and termed this information “personal” citing a Supreme Court order.
“The
information sought is personal and the appellant has not proved its revelation
served any public interest. Considering that the revelation of information
would affect the privacy (of the officer), under Section 8 (1) (J) of RI Act,
the information is hereby considered personal information,” it observed.
Activists
take objection
RTI activists
say the Supreme Court had never considered transfer, promotion and appointment
orders of a public servant as personal information. “No decision must give the
PIO and first appellate authority the chance to deny information. The appellant
was not given an opportunity to submit his written statement and argument. The
PIO and FAA did not appear or file any statement in the case. When the
appointment, transfer and promotion orders of judges of High Courts and Supreme
Court are in the public domain, I do not understand how similar information of
a public servant are exempted under the RTI Act,” BH Veeresh an RTI activist
said.
Another
activist S Bhaskaran said there is no bar on seeking information under the RTI
Act regardless of the public office they hold be it the President or a Group D
employee. “Information can be sought for the purpose of relief and justice in
court. Such information can’t be called personal as then we will never be able
to access information on irregularities and scams. Such orders defeat the very
purpose of the RTI Act,” he said.
Information
commissioner PG Vijaya Kumar, who passed the order, didn’t respond to BM
despite our attempts to reach him.