The Hindu: Kochi: Friday, 26 July 2024.
State Information Commission
had directed PSC to disclose information on the question paper of a competitive
exam conducted in 2013 and its answers. PSC rejected the applicant’s plea
saying that it had destroyed it.
The Kerala High Court has observed that destruction of the records by the Public Service Commission (PSC) when an application under the Right to Information Act is pending is certainly improper and uncalled for.
Justice Eswaran S. made the observation recently while disposing of a writ petition filed by the PSC challenging the order of the State Information Commission directing it to disclose information on the question paper of a competitive examination conducted in 2013 and its answers. The PSC had rejected the pleas of the applicant saying that it had destroyed it.
The court observed that the manual prescribing the procedure for preservation of the records coupled with the rules framed under the Kerala Destruction of Records Act, 1961, provides power to the PSC to destroy the records after a month from the date of examination. The PSC had destroyed the documents during the pendency of the application under the RTI Act. Hence, the destruction of the records was improper and uncalled for.
SIC order quashed
The court reminded the PSC not to take any steps in future in tune with the rules for destructions of the records when an application is received under the Right to Information Act, 2005. Doing so, would defeat the solemn purpose for which the Act was enacted.
The court noted that as the records had been destroyed, the PSC could not be compelled by the SIC to disclose the information and quashed the order of the SIC.
The Kerala High Court has observed that destruction of the records by the Public Service Commission (PSC) when an application under the Right to Information Act is pending is certainly improper and uncalled for.
Justice Eswaran S. made the observation recently while disposing of a writ petition filed by the PSC challenging the order of the State Information Commission directing it to disclose information on the question paper of a competitive examination conducted in 2013 and its answers. The PSC had rejected the pleas of the applicant saying that it had destroyed it.
The court observed that the manual prescribing the procedure for preservation of the records coupled with the rules framed under the Kerala Destruction of Records Act, 1961, provides power to the PSC to destroy the records after a month from the date of examination. The PSC had destroyed the documents during the pendency of the application under the RTI Act. Hence, the destruction of the records was improper and uncalled for.
SIC order quashed
The court reminded the PSC not to take any steps in future in tune with the rules for destructions of the records when an application is received under the Right to Information Act, 2005. Doing so, would defeat the solemn purpose for which the Act was enacted.
The court noted that as the records had been destroyed, the PSC could not be compelled by the SIC to disclose the information and quashed the order of the SIC.
.JPG)
.JPG)
