'Consider objections raised by third party'

The Times of India:Saturday, January 21, 2012.

PANAJI: The state chief information commissioner (SCIC) has emphasized that public information officers should ensure that the RTI Act "does not become a tool in the hands of a busy body to settle a personal score" when the information sought is against a third party.

In a case pertaining to personal information sought against a PWD official, the SCIC stated that the PIO will have to consider the objections raised by the third party who claims confidentiality.

The PIO will also have to consider whether the information sought is in larger public interest or is meant to wreck vendetta against the third party, the SCIC stated.

The SCIC made these observations after hearing an appeal filed by PWD assistant engineer C Radhakrishnan.

The appellant stated that Uday Chari had sought personal information from the PWD's PIO pertaining to staff working under him and also a copy of the annual property returns filed by him in the last five years.

When the matter was before the first appellate authority, Radhakrishnan filed his objections against giving his personal information.

The first appellate authority, without hearing Radhakrishnan, passed an order to furnish the information. Being aggrieved by the same, Radhakrishnan filed an appeal before the SCIC.

The SCIC stated that there is absolutely no dispute that the third party should be heard, as provided for under the RTI Act.

"It should be noted that seStion 7 (7) and Section 11 (1) of the RTI Act enjoin that third party, if involved in a particular matter, must be heard before a decision on disclosure or non-disclosure of any information is taken. Law requires application of mind regarding pros and cons of the proposed disclosure on the basis of the facts of each case. Hope the authorities concerned take note of the same," the SCIC stated.