Property statements are not 'confidential' info: CIC

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Property statements are not 'confidential' info: CIC New Delhi, Aug 26 (PTI): Property statements filed by civil servants are not confidential information and can be disclosed after taking the views of concerned officials as per the provisions of the RTI Act, the Central Information Commission has held. Chief Information Commissioner Wajahat Habibullah rejected the plea of Department of Personnel and Training that these records were held "in confidence" by the government and are hence exempted from disclosure. "It is clear that the property statements are statements regarding private individuals serving in government and (they) become part of Government records," he said. Habibullah said by no means these records can be treated as information held "in confidence" by the government. He said these records come in the category of "personal information" the disclosure of which could amount to invasion of privacy and would attract section 8(1)(j) of the RTI Act. There are 10 exemption clauses provided under the section 8(1) of the RTI Act which exempt disclosure of different categories of information. Section 8(1)(j) exempts personal information from disclosure unless larger public interest is demonstrated by the RTI applicant. The case relates to an RTI application filed by Shyam Lal Yadav where he sought details of property statements filed by bureaucrats and their relatives. Habibullah said in cases where information of personal nature is sought, section 11 (1) of the Right to Information Act also applies. As per the provision, it is appropriate to make such disclosure after reference to officials about whom information has been sought. "Issue notice to third parties within five working days of receipt of this decision notice and proceed to disclose the information sought by appellant Shyam Lal Yadav, if no viable objection based on exemption under section 8(1) is received within 10 days of the date of issue of such notice," he said. http://www.deccanherald.com/content/91580/property-statements-not-confidential-info.html

Youth suspects foul play in death; RTI Act comes to aid

Youth suspects foul play in death; RTI Act comes to aid

Mohamed Imranullah S.
MADURAI: The Right to Information (RTI) Act, 2005 has proved to be of great help to A. Bakrudeen Ali Ahamed, of Karaikudi in Sivaganga district, who suspected foul play in the death of his 22-year-old sister at her in-law's residence in Gomathipuram here within nine months of her marriage.

The youth could not believe that his sister Rabia Banu could have committed suicide on February 18 and his suspicion was strengthened by not one but two ligature marks on her neck. He immediately made arrangements to take pictures of the corpse before burying it in their native place.

The Karuppayurani police here initially registered a case under Section 174 (enquiring a suicide case) of the Code of Criminal Procedure and subsequently altered it to Section 304-B (Dowry death) of the Indian Penal Code. The husband of the deceased was also remanded to judicial custody.

However, not satisfied with the probe, Mr. Ahamed wanted the police to register a murder case against the culprits. He also believed that his sister's father-in-law, a retired Joint Director of Prosecution having a good rapport with many police officials, was influencing the investigation officer to weaken the case.

The bereaved brother tried to obtain a copy of the post mortem certificate in order to cross-check the injuries recorded in it with those found in the photographs of the corpse. But he could not get hold of the certificate from the judicial magistrate's court as it was supposedly missing from the case bundle.

It was then that he filed an application under the RTI Act and obtained the certificate from the Dean of a medical college where the autopsy was conducted.

Thereafter, he moved the Madras High Court Bench here seeking transfer of investigation to some other district police other than Madurai.

Satisfied with the submissions made by his counsel R. Paul Sukumar and after perusing the post mortem certificate as well as the photographs, Justice R. Mala said: “I am of the opinion that the deceased could not have died of asphyxia due to hanging since there were two external injuries on the body.”

The judge directed the Inspector General of Police (south zone) to withdraw the case from the present investigation officer and hand it over to Deputy Superintendent of Police, Tirumangalam Sub-Division, to reinvestigate the matter afresh on the basis of the complaint given by the petitioner.

The Revenue Divisional Officer was also ordered to exhume the body and make arrangements to conduct another autopsy by a team of doctors. The IGP was further directed to depute the Superintendent of Police, Madurai, to supervise the reinvestigation and file a final report in accordance with law.

Pvt schools not exempted from RTI Act: CIC

Pvt schools not exempted from RTI Act: CIC

New Delhi,

PRIVATE recognised schools cannot claim exemption from disclosing information to the Education Directorate (ED) under RTI Act, a full Bench of the Central Information Commission (CIC) has held thus virtually bringing them under the ambit of transparency law.
“The issues relating to management and regulation of schools responsible for promotion of education are so important for development that it cannot be left at whims and caprices of private bodies, whether
funded or not by the government,” it said in its order deciding on disclosure of service records of a teacher employed at a private school. Bindu Khanna, a teacher at Pinnacle School at Panchsheel Enclave, had filed an RTI application with the ED seeking to know her service records. But despite orders of the ED to provide the details, the school maintained that it was a private body and hence the act was not applicable to it. It cited sections of the law which exempt the disclosure of personal information.
The commission said various clauses of Delhi School Education Rules 1973 say that all records of a private recognised school are open to inspection by any officer authorised by the director or the appropriate authority at any time. The commission said various clauses of Delhi School Education Rules 1973 say that all records of a private recognised school are open to inspection by any officer authorised by the director or the appropriate authority at any time ■ PTI