Economic Times: New Delhi: Tuesday,
October 04, 2016.
Demanding
asset details of spouse and dependents of government officials under the Right
to Information Act is "unreasonable and illegal", the Central
Information Commission has said even as it allowed disclosure of similar
details with regards to the officials.
Rakesh Kumar
Gupta had approached Income Tax Department seeking asset statements of about
100 officers, their spouses and also details of immovable assets acquired by
them in last 10 years along with their sources.
On which, the
department said they do not maintain these records.
When the
matter reached before the division bench of the Commission comprising
Information Commissioners Basant Seth and Sridhar Acharyulu, Gupta mentioned
"ideals of democracy, provisions of Lokpal Act and allegations against one
person".
"He
could not present any cogent reasons for the second appeal," the Bench
noted.
"The
Commission noticed that the appellant wanted 'wholesale' information of assets
and liabilities of 100 officers which give rise to doubts about the motive and
good faith. However, only legal issue that has to be discussed is the
obligation of public servants to disclose the assets and liabilities
details," it added.
The
Commission agreed that the assets of public officials must be published as per
statutory obligation under Section 44 of Lokpal and Lokayuktas Act, 2013 and
proactive disclosure clauses of RTI Act but said, demand for assets statements
of spouses of public servants and dependents is "unreasonable and
illegal".
It also cited
an observation of Delhi High Court in a case, where provisions regarding
disclosure of asset statements of government officials' spouse was challenged,
to buttress its point.
"The
appellant should have shown public interest in his demand for disclosure of
such personal information... Since there is no public interest behind the
demand for this information, appeal is rejected," the Bench said.
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