Other provisions of law cannot prevail over the provisions of the RTI Act
Ref: Plea to get information on officers facing corruption charges rejected http://www.rtifoundationofindia.com/plea-get-information-officers-facing-corruption-ch
Comment: Such a plea of FAA is totally untenable and against the mandate of RTI Act. Other provisions of law cannot prevail over the provisions of this transparency law otherwise it would be travesty. When the legislature has itself obliterated the Official Secret Act 1923, then what to talk of Service Rule and how information relating to wrong done by the officers in relation to/by virtue of official capacity shall be termed as the personal information when action against is taken under the administrative/executive powers and duties. There is no question of employer-employee relationship like private trade and occupation. A State cannot claim the privileges as enjoyed by the private trade/business. Moreover it is persistently seen that the PIO/FAA usually reject the application simple citing section 8 (1)(j)without considering and discussing the whole provision of the enactment and object and reason of the Act. There are certain mandatory settled principles judicially that the proceeding under the RTI Act must be tackled judiciously and not in flimsy manner. This trend is very dangerous that without discussing the legal provisions and facts concerned and any legally permissible reasons/defence applications are being dismissed/rejected on different levels leaving applicants on their mercy an and on the other hand giving shield to the wrong doers. In fact such a trend is totally with a view to frustrate the RTI Act and amounts to the violation of Human Rights of applicants and is also the negation of this guaranteed right by the State and its officials.
Some typing mistakes remain uncorrected.
Name: Bindeshwar Sah
Email id: sahbindeswar@gmail