Moneycontrol.com: New Delhi: Monday, January 15, 2018.
The CIC has
directed Delhi Chief Minister Arvind Kejriwal to appear before it in a matter
pertaining to an RTI applicant seeking information related to his service
records as an Indian Revenue Service officer and an NGO he ran.
Information
Commissioner Bimal Julka ordered that Kejriwal will either have to present
himself or his authorised representative to argue whether information sought by
Ketan Modi of Mumbai from the Income Tax department should be disclosed or not.
Modi has
sought to know details of Kejriwal as an IRS officer -- salary, leaves, absence
from service, tax evasion cases detected by him, permission to float an NGO,
departmental action against him, if any.
The I-T
department told him that the information sought pertains to "third
party", i.e Kejriwal, which can be disclosed only after taking his consent
as per the provisions of Section 11 of the RTI Act.
The section
allows a central public information officer to take views of the party about
whom the information has been sought through an RTI application.
However, the
act allows disclosure of information even after lack of consent if the public
interest in disclosure outweighs in importance any possible harm or injury to
the interests of such third party.
The I-T
department said Kejriwal's views were sought but there was no response from him
which means there was no consent for the disclosure of the information sought
by Modi.
It said some
information was not available with the department handling the case.
"No
attempt was made to transfer the application to the relevant section/division
handling the specific matter and no satisfactory reply could be furnished in
this regard," Julka noted.
He said that
there is complete negligence and laxity in the public authority (I-T
department) in dealing with the RTI applications.
"It is
abundantly clear that such matters are being ignored and set aside without
application of mind which reflects disrespect towards the RTI Act, 2005
itself," he said.
He noted that
it becomes important to revise and rethink the commonly accepted notions of
privacy, especially when information gains such importance as well as fluidity
through fast expanding platforms as well as tools such as the RTI.
"It is
also very important to realise the all encompassing role of the Public
Authority to any information held by it in the interest of the public and the
State especially when the information sought pertains to a public figure acting
for public good in discharge of its duties," Julka said.
He expressed
displeasure on the casual approach adopted by the tax department in responding
to the RTI application.
"It was
felt that the conduct of respondent was against the spirit of the RTI Act, 2005
which was enacted to ensure greater transparency and effective access to the
information," he said.
The
information commissioner directed S S Rathore, Principal Chief Commissioner of
Income Tax, to examine the matter and submit a factual report to the commission
within a period of 30 days from the date of receipt of this interim order.
"The
Commission directs the Respondent (I-T department) to inform the third party
(Arvind Kejriwal) to be present during the next hearing either in person or
through his duly authorised representative so as to enable it to defend or
present its case before the commission," Julka said.
He directed
the registrar to fix the next date of hearing before February 13.