On referring section 8(h) & (I) T queries raised to are referring for your kind perusal & consideration.
Under (H0 apprehension is there in between "impede the process of investigation or prosecution of offenders" these two is logical &rationale with the word "impede" but apprehension is not seems to. does it mean to say impede apprehension if it is so how it can be said offensive? If it mean to say to spread or incite or provoke or encourage the apprehension don't you think appropriate word seems to be missing to complete the very intention of the section 8(h)?
Like wise if referred 8(i) it provides under exception of s/8 records of deliberations of Secretaries and other officers too with cabinet or council. Second proviso makes obligatory to divulge the info of the decision taken, including reasons & materials on the basis of which it has taken for council of ministers.
Thus if carefully read does it mean to say that record of deliberation of meeting of secretaries & other officers are still under exception even after decision is taken & matter is completed?
Second proviso of s/8 (i) excludes the meeting of officers is this not contradictory too. when the same info for council of ministers is accessible to public why not of officers? if taken the spirit of the act the intention does not seems to exclude the same but existing provision may be misinterpreted & that may be hurdle in transparency.
when decision is already taken & matter is completed
(h) Information which would impede the process of investigation or apprehension or prosecution of offenders;
(i) Cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers:
Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over:
Provided further that those matters which come under the exemptions specified in this section shall not be disclosed
As observed three categories of officers are noticed
1/Who are with malign intention not willing to disclose the info. i.e. reluctant to divulge the public record.
2/ who are having no any malign intention or ulterior motive in making the record public but either not in a position to interpret the true spirit & provision of the act or having no seriousness of the repercussions of their dereliction, or their superiors/ subordinate not supporting or assisting falling in the category of 1 or 3.
3/who are responsive to the act & ready to react but either system or record preservation is not allowing them to do so.
Sir, the provision of section 5(5) deemed PIO, 19(b) to award compensation to the applicant suffered loss under this act by the commission, & 20(1) &(2) to impose penalty & refer the case for disciplinary action by H/ commission will take care of category 1.
Section 4 proactive disclosures, & 26 proper publicity & make arrangement for proper training will take care of category no. 2
But sir if H/ commission is taking recourse to section 25(g) 25(g)direction by H/ COMMISSION TO CONCERNED PUBLIC authority for category 3 positive early results are sure.
as sir we have millions of educated unemployed youth out of 55 million population of India in the age group of 15 to 40,l under the circumstances if certain youth are directed to engage exclusive for classification of the record in specified categories of A,B,C,D,E etc under the classification of the record that will be much more easy, convenient & user friendly to provide the record under this act. Also the same will prevent public authority/ shirkers form showing frivolous excuses & suffering of citizens will be minimized along with time being employment generation to the youth. even under JN employment guarantee scheme also this can be done.
Especially when H/ Cm Gujarat has declared this year as NIRMAL Gujarat Year this will definitely serve multi purpose.
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