DNA: Mumbai: Monday, August 08, 2016.
You may now
have access to personal details of babus under RTI. A recent order by Punjab
and Haryana High Court at Chandigarh has opened a small window for those
wanting access to personal information of babus through RTI. It has asked the
state information commission to hear again a case of an applicant seeking
information related to corruption by babus which it denied earlier citing a SC
order.
The order
gives a ray of hope of sorts as bureaucrats have been increasingly using the SC
order, known as Girish Ramchandra Case vs CIC to abscond their personal
information to be revealed. Activists have often termed the said case as
against the spirit of the RTI Act and an easy tool in the hands of the babus to
protect their brethren. During the hearing, the petitioner sought that his case
be seen as a matter of corruption. While agreeing with petitioner, the HC order
cited another order to state that such information should be given under RTI.
The RTI Act as such states that information cannot be denied even if it is of
personal nature when corruption and human rights issues are involved.
The order was
given on July 26, 2016 by Justice GS Sandhawalia after a petition was filed
challenging the information commissioner order. The petition was filed by one
Subhash (only first name in HC order) and it was represented by advocate PK
Rapria. In his application, the applicant had sought information of the number
of officers (IAS, IPS and all other officers from state service) who were
registered during the aforesaid period, the action taken by the state
government against them, the number of pending actions/proceedings as per
records and reasons for pendency. It also sought information on whether any
benefit had been withheld like increments, promotion, extension of service,
reinstatement etc. despite registration of cases and the names and designations
of officers who were granted benefits against whom cases had been registered.
The
commission had upheld the public authorities decision of not providing
information citing an SC order which states that assets and income tax returns
among other details of officers are of personal nature and hence exempted under
the RTI Act. The public information officer (PIO) and the first appellate
authority (FAA) declined to provide information stating that the it was
exempted under the RTI as it was of personal nature and between an employer and
an employee.
Relying on an
earlier HC order, the present order stated that in case of corruption,
information cannot be denied, and that the public had the right to know what
officers were doing. Delving into the definition of corruption, the court said,
"The word corruption is explained as destructive, ruining or the spoiling
of the society or a nation. The corrupt society stops prevailing integrity,
virtue or moral principles. It changes for the worse. Such a society begins to
decay and sets itself on the road to self destruction. Corruption is an age old
phenomena. Selfishness and greed are the two main causes of corruption.
Political corruption is the abuse of the powers by state officials for their
unlawful private gain."
It added,
"A corrupt society is characterised by immorality and lack of fear and
respect for the law. Corruption cannot be divorced from economics and
inequality of wealth, low wages and salaries are some of the economic causes of
corruption. Corruption has prevailed in all forms of government. Various forms
of corruption include extortion, graft, bribery, cronyism, nepotism,
embezzlement and patronage. Corruption allows criminal activities such as money
laundering, extortion and drug trafficking to thrive."
The court
directed to the Haryana State Commission that the applicant's appeal was
justified and that the commission's order of not providing information was
quashed. It also directed the commission to hear the appeal afresh in
accordance with the principles set out by it.
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