service booksNew Delhi, Jan 14 (PTI) The CIC has directed Delhi ChiefMinister Arvind Kejriwal to appear before it in a matterpertaining to an RTI applicant seeking information related tohis service records as an Indian Revenue Service officer andan NGO he ran.
Information Commissioner Bimal Julka ordered thatKejriwal will either have to present himself or his authorisedrepresentative to argue whether information sought by KetanModi of Mumbai from the Income Tax department should bedisclosed or not.
Modi has sought to know details of Kejriwal as an IRSofficer -- salary, leaves, absence from service, tax evasioncases detected by him, permission to float an NGO,departmental action against him, if any.
The I-T department told him that the information soughtpertains to "third party", i.e Kejriwal, which can bedisclosed only after taking his consent as per the provisionsof Section 11 of the RTI Act.
The section allows a central public information officerto take views of the party about whom the information has beensought through an RTI application.
However, the act allows disclosure of information evenafter lack of consent if the public interest in disclosureoutweighs in importance any possible harm or injury to theinterests of such third party.
The I-T department said Kejriwal's views were sought butthere was no response from him which means there was noconsent for the disclosure of the information sought by Modi.
It said some information was not available with thedepartment handling the case.
"No attempt was made to transfer the application to therelevant section/division handling the specific matter and nosatisfactory reply could be furnished in this regard," Julkanoted.
He said that there is complete negligence and laxity inthe public authority (I-T department) in dealing with the RTIapplications.
"It is abundantly clear that such matters are beingignored and set aside without application of mind whichreflects disrespect towards the RTI Act, 2005 itself," hesaid.
He noted that it becomes important to revise and rethinkthe commonly accepted notions of privacy, especially wheninformation gains such importance as well as fluidity throughfast expanding platforms as well as tools such as the RTI.
"It is also very important to realise the allencompassing role of the Public Authority to any informationheld by it in the interest of the public and the Stateespecially when the information sought pertains to a publicfigure acting for public good in discharge of its duties,"Julka said.
He expressed displeasure on the casual approach adoptedby the tax department in responding to the RTI application.
"It was felt that the conduct of respondent was againstthe spirit of the RTI Act, 2005 which was enacted to ensuregreater transparency and effective access to the information,"he said.
The information commissioner directed S S Rathore,Principal Chief Commissioner of Income Tax, to examine thematter and submit a factual report to the commission within aperiod of 30 days from the date of receipt of this interimorder.
"The Commission directs the Respondent (I-T department)to inform the third party (Arvind Kejriwal) to be presentduring the next hearing either in person or through his dulyauthorised representative so as to enable it to defend orpresent its case before the commission," Julka said.
He directed the registrar to fix the next date of hearingbefore February 13. PTI ABSZMN.
This is unedited, unformatted feed from the Press Trust of India wire.