Times of India: Kochi: Sunday,
25 August 2024.
The HC has directed the
Public Service Commission (PSC) not to destroy files when an application for
them is received under the Right to Information (RTI) Act and the request is
still pending. The bench of Justice S Eswaran stated that if such incidents are
brought to its attention, the State Information Commission (SIC) is free to
take appropriate action.
The directive was issued in response to a plea by the appellate authority of the Kerala PSC, challenging an SIC order to disclose certain details sought by A K Balakrishnan Nair of Quilandy. Nair had previously approached the PSC with an RTI application seeking copies of all PSC exam question papers for six months starting Jan 1, 2013. The PSC responded that old question papers were not retained in the office. Dissatisfied, Nair appealed to the appellate authority, but his request was again rejected, leading him to appeal to the SIC. The SIC then directed the PSC to provide the requested information.
In its petition in HC, the appellate authority argued that the question papers had been destroyed as per Rule 272 of PSC’s Office Manual and Section 2 of the Kerala Destruction of Records Act. The bench held that once the PSC has destroyed the records as per the rule, it is not obligated to provide the information under the RTI Act. However, the SIC counsel argued that PSC destroyed the files while the RTI application was pending. Following this, the bench issued the directive.
The directive was issued in response to a plea by the appellate authority of the Kerala PSC, challenging an SIC order to disclose certain details sought by A K Balakrishnan Nair of Quilandy. Nair had previously approached the PSC with an RTI application seeking copies of all PSC exam question papers for six months starting Jan 1, 2013. The PSC responded that old question papers were not retained in the office. Dissatisfied, Nair appealed to the appellate authority, but his request was again rejected, leading him to appeal to the SIC. The SIC then directed the PSC to provide the requested information.
In its petition in HC, the appellate authority argued that the question papers had been destroyed as per Rule 272 of PSC’s Office Manual and Section 2 of the Kerala Destruction of Records Act. The bench held that once the PSC has destroyed the records as per the rule, it is not obligated to provide the information under the RTI Act. However, the SIC counsel argued that PSC destroyed the files while the RTI application was pending. Following this, the bench issued the directive.
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