Officials denying info under RTI Act must be sacked, says HC

Times of India: Chennai: Tuesday, 08 September 2020.

Public information officers (PIOs) who refuse to provide details sought under the Right To Information (RTI) Act must be shown the door, said the Madras high court on Monday.

Justice S Vaidyanathan, who made the observations, also directed the Tamil Nadu government to issue a circular to all its departments, public sector units and corporations warning PIOs about the legal consequences of not furnishing information under the Act.

“Nowadays, officials adopt the tactic of answering mechanically that the information sought is exempted under the Act, without actually ascertaining whether the information sought falls within the ambit of the said provision,” the judge said. “Such officers must be taught a lesson, and, in my view, they are unfit to hold the post of public information officer. They should be shown the door, so that it will be a lesson for other officers to act in accordance with the terms of the act, failing which they may also face similar or more serious consequences,” said Justice Vaidyanathan.

The judge passed the order while dismissing an appeal moved by Tamil Nadu Public Service Commission (TNPSC) challenging the order passed by the Tamil Nadu Information Commission (TNIC). The issue pertains to an RTI application of P Muthian, a retired deputy collector, seeking information on vacancies in state government service for 2006, 2007 and 2008 and seats allotted to the backward community, particularly to muthuraja, muthriyar, ambalakarar and vanniya kula shatriar sub-castes. Since TNPSC refused to provide the info, he had moved the TNIC, which passed an order in 2009 directing the TNPSC to give the information sought.

Justice Vaidyanathan said: “The apex court has held that even the office of chief justice will come under the purview of RTI Act, by observing that transparency does not undermine judicial freedom.”