Disclosure of policy for appointment of persons on compassionate grounds under RTI

Background

The appellant sought the various details pertaining to the policy adopted in public sector banks for appointment of persons on compassionate grounds. The Public Information Officer (PIO) supplied part information. The First Appellate Authority (FAA) directed the PIO to provide full and complete information to the appellant. 

Proceedings

During the hearing, the respondent submitted that the matter of appointment on compassionate grounds is a sensitive issue and draft proposals which are under consideration of the Ministry cannot be disclosed as there was every likelihood that the final shape of the document would greatly vary from the present draft. The premature disclosure of the draft proposals would only serve to create confusion with regard to this sensitive issue. The appellant stated that he wished to have a copy of the recommendations given to the respondent by the Indian Banking Association (IBA).
 

View of CIC

The Central Information Commission (CIC) directed the PIO to take action as per the provisions of section 11 of the RTI Act to seek the submission of the third party before disclosing the recommendations given by the IBA to the appellant. The Commission also placed on record that the appellant seeks to give certain suggestions on this important matter to the Ministry. The PIO, in his capacity as Under Secretary (IR) agreed to accept the same and pass on the suggestions to the right quarters.

Comments

The RTI Act places an obligation on the public authorities to consult the public before making policies (Section 4 of the RTI Act) and there should not be any hesitation in involving the people in the process of decision making.

Citation: Ms. Amita Mishra v. Department of Financial Services in Appeal: No. CIC/DS/A/2011/001798