Sunday, October 28, 2007

Personal Information & RIGHT TO INFORMATION

This is with reference to the verdict delivered by H/ Central Information Commission in following matter. Wherein Honorable commission has directed the appellate officer concerned for disposal keeping in mind section 8(1) j & 11.
If we refer both of the sections information which relates to personal information______ & so on under section 8 (1) j while U/S 11 clearly provided that information which is treated as personal & confidential provided by the third party.
& simultaneously if we refer the concluding part of s/8 which provides that “Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person" reading the same with the definition of right to info u/s 2(j) "right to information" means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right ___"

Now the same is interpreted with this judgment the applicant seems to have sought the information of particular government/ public servant, which relates to Gs/PS's academic record as recorded in the service book of concerned by the government/ public office. Thus information is held & maintained by public authority under s 2 (j).
The details sought pertain to public servant which is not personal one.
Neither the same has been provided by the person treating as personal & confidential one because the degree awarded by the institution is also public authority falling under s/ 2
Same is officially made public by the institution.
The leave record etc & entries of the service book are neither provided by person in confidence but it has been made & maintained by public authority thus it becomes public record so section 11 can also not be invoked here.
Sir under the circumstances without resorting third party formalities should one not provide the information directly to the applicant?
Sir i am also dealing with the implementation of the act at appellate level & as per my observation many similar cases are crops up at by & large all pio/ appellate level & perhaps the most crucial part of the act lies in interpreting this third party provision properly to implement the act in true letter & spirit.
Sir, may I expect your appreciation in this regard to facilitate citizen in time to come with transparency & without delay?

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