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 June 22nd, 2013
Right to Information Act, 2005 — Section 20(2) — Order of recommendation — Negligence, whether a ground — Held, negligence per se is not a ground on which proceedings under Section 20(2) of the Act can be invoked — The Commission must return a finding that such negligence, delay or default is persistent and without […]
Add comment June 22nd, 2013
Right to Information Act, 2005 — Section 20(2) — Liability of Public Information Officer — Recommendation for departmental proceedings — Order passed without giving opportunity of hearing, effect — Appellant requested Commission for adjournment but request was declined — Order for initiation of disciplinary action was passed on the ground of negligence — Held, on […]
Add comment June 22nd, 2013
Right to Information Act, 2005 — Section 20(2) — Liability of Public Information Officer — Non-response of applicant to letter by Department — Order of State Information Commission without recording reason, effect — Appellant/then Public Information Officer received an application for certain information which was so general and vague in nature that the information sought […]
Add comment June 22nd, 2013
Right to Information Act, 2005 — Section 8(1)(g) — Exemption of information — Phrases ‘physical safety’ and ‘life’ — Difference of meanings, whether reputation included under life? — Held, ‘physical safety’ is a restricted term while life is a term of wide connotation — `Life’ includes reputation of an individual as well as the right […]
Add comment June 22nd, 2013
Right to Information Act, 2005 — Section 2(h), (f) & (j) — Bihar Public Service Commission — Whether public authority — Held, Public Service Commission is established under Article 315 of the Constitution of India and as such there cannot be any escape from the conclusion that the Commission shall be a public authority within […]
Add comment June 22nd, 2013
Right to Information Act, 2005 — Sections 3, 8 & 22 — Right to information — Information, statutory exemption and overriding effect of provisions — Purpose and scheme of Act — Discussed. Namit Sharma v. Union of India, 2012(8) SCALE 593, Referred. (Para 10, 11, 12 & 13) HELD: The scheme of the Act contemplates […]
Add comment June 22nd, 2013
Right to Information Act, 2005 — Section 8(1)(j) — Expression `public interest’ — Meaning of — Non-rigidity of meaning — Held, expression `public interest’ must be viewed in its strict sense with all its exceptions so as to justify denial of a statutory exemption in terms of the Act — In its common parlance, the […]
Add comment June 22nd, 2013
Right to Information Act, 2005 — Section 8(1)(e) & (g) — Term `fiduciary’ — Meaning of — Scope of reliance for denying information — Held, term `fiduciary’ refers to a person having a duty to act for the benefit of another, showing good faith and candour, where such other person reposes trust and special confidence […]
Add comment June 22nd, 2013
Right to Information Act, 2005 — Section 8(1)(g), (j) &(e) — Disclosure of names and identity of members of interview board — Selection based on collective wisdom and collective marking of Board — Permissibility — Information relating to members of Interview Board — Availability of — Selection process was completed for the posts of Police […]
Add comment June 22nd, 2013
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