Wednesday, May 15, 2013

SERVICE BOOK A PUBLIC DOCUMENT UNDER RTI: SIC

GreaterKashmir.com: Jammu: Wednesday, May 15, 2013.
In an important decision, the State Information Commission has ruled that Service Book of a government employee is a public document and every citizen has a right to get access to it.
“Service details of public servants available in the service book cannot be treated as personal information”, S K Sharma, State Information Commissioner, in a decision held here today.
The decision came in an appeal filed by a resident, Sajad Ahmed Najjar, who was denied copy of service book of ADC Kishtwar sought by him under Right to Information Act.
The Commission directed Deputy Commissioner concerned to furnish the copy the Service Book of the officer to the applicant within two weeks.
As per the appellant, he had filed an application under RTI seeking copy of the service record of ADC Kishtwar RK Shavan but the application was rejected on the ground that the information “was personal in nature and cannot be provided”.
“The fact of the matter is that Additional Deputy Commissioner, Kishtwar, was himself the PIO in this case. It would have been better if he would have refrained from acting as a PIO as the information sought by the information seeker pertained to the individual who disposed of the application”, the Commission observed, adding, “Such a lapse erodes the concept of natural justice which envisages fair play and purity in the administration of justice”.
“One of the essential canons of natural justice is that one cannot be a judge in his own case. The PIO is warned that he should remain careful in future and strictly adhere to principles of natural justice while disposing of applications seeking information pertaining to one's own self”, SIC held further.