Right to information Act, 2005 — Sections 3 & 8 — Applicability of Act in case of preventive detention — Determination — Held, the provisions of the Constitution will prevail over any enactment of the legislature, which itself is a creature of the Constitution — Since clause (5) of Article 22 provides that the grounds […]
Add comment August 2nd, 2013
Right to Information Act, 2005 — Sections 12(5), (6) & 15(5), (6) — Constitution validity of eligibility criteria — Arbitrariness or discrimination — Challenge to — Provisions dealing with eligibility criteria for appointment to post of Chief Information Commissioners, both at Central and State level — Held, nothing found in sections 12(5) and 15(5) to […]
Add comment August 2nd, 2013
Right to Information Act, 2005 — Section 8(1)(j) — Information — Disclosure of privacy of individual without bona fide public interest — Effect — Held, petitioner did not make a bona fide public interest in seeking information of copies of all memos issued to the third respondent, show cause notices and orders of censure/punishment etc, […]
Add comment August 2nd, 2013
Right to Information Act, 2005 — Section 8(1)(j) — Right to information — Income tax returns of third person — Permissibility — Held, the details disclosed by a person in his income tax returns are personal information which stand exempted from disclosure, unless involves a larger public interest and the larger public interest justifies the […]
Add comment August 2nd, 2013
Right to Information Act, 2005 — Sections 3 & 8 — Information — Disclosure, as matter of right — If the Central Public Information Officer or the State Public Information Officer of the Appellate Authority is satisfied that the larger public interest justifies the disclosure of information, appropriate orders could be passed but the petitioner […]
Add comment August 2nd, 2013
Right to Information Act, 2005 — Section 8(1)(j) — Information — Exemption from disclosure — Personal service record of third person — Held, copies of all memos issued to the third respondent, show cause notices and orders of censure/punishment etc. are qualified to be personal information — The performance of an employee/officer in an organization […]
Add comment August 2nd, 2013
Right to Information Act, 2005 — Section 20(1) & (2) — Provisions — Discussed. (Para 21, 26 & 30) HELD: We may notice that proviso to Section 20(1) specifically contemplates that before imposing the penalty contemplated under Section 20(1), the Commission shall give a reasonable opportunity of being heard to the concerned officer. However, there […]
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Right to Information Act, 2005 — Section 20(2) — Liability of Public Information Officer — Recommendation of Departmental Action — Pre-condition of — Held, directing disciplinary action is an order in the form of recommendation which has far reaching civil consequences — It will not be permissible to take the view that compliance with principles […]
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Right to Information Act, 2005 — Section 20 — Liability of public information officer — Compliance of principles of natural justice while adjudicating — Requirement of — Held, State Information Commission is performing adjudicatory functions — Adjudicatory process essentially has to be in consonance with the principles of natural justice, including the doctrine of audi […]
Add comment August 2nd, 2013
Right to Information Act, 2005 — Section 7 — Powers of State Information Commissions — Compliance of natural justice in exercise of — Nature of power — Held, State Information Commissions exercise very wide and quasi judicial powers in nature — In fact, their functioning is akin to the judicial system rather than the executive […]
Add comment August 2nd, 2013
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