2010 (9) TMI 503 - HC - Indian Laws

Right to information information on material based on which name included in Agreed List containing names of officers of doubtful integrity - Respondent is seeking information only about himself being included in the Agreed List - Respondent feels that his name was wrongly included in the Agreed List for three years continuously and that such inclusion is indeed a stigma on his career - he cannot be deprived of such an opportunity by withholding the material on the basis of which his name was so included - no justification for the Petitioner to deny the Respondent the information sought by him petition dismissed

Issues:
1. Interpretation of Section 10(1) of the Right to Information Act, 2005.
2. Application of Section 8(1)(e), 8(1)(j), and 8(1)(h) of the RTI Act.
3. Disclosure of information related to the inclusion of a name in the "Agreed List."
4. Consideration of grounds for recommending inclusion in the Agreed List.
5. Protection of privacy and reputation of the individual concerned.

Interpretation of Section 10(1) of the Right to Information Act, 2005:
The case involved a petition by the Union of India against an order passed by the Central Information Commission (CIC) directing the disclosure of relevant documents regarding the inclusion of a respondent's name in the "Agreed List." The respondent sought information under the RTI Act, specifically about the preparation of the list for the year 2004. The CIC's decision was based on the respondent's right to know the grounds for recommending their inclusion in the list, even though it did not necessarily lead to disciplinary proceedings. The CIC directed the Central Public Information Officer (CPIO) to provide the relevant documents within a specified timeframe.

Application of Section 8(1)(e), 8(1)(j), and 8(1)(h) of the RTI Act:
The CPIO had initially rejected the respondent's request citing Section 8(1)(h) of the RTI Act, stating that the information was held in a fiduciary capacity and could not be disclosed. However, the CIC overruled this decision, emphasizing the respondent's right to know the grounds for their inclusion in the list. The CIC directed the CPIO to disclose the information while allowing for the withholding of certain names to protect privacy. The court rejected arguments that disclosing such information would defeat the purpose of surveillance, as the period of surveillance had already ended.

Disclosure of information related to the inclusion of a name in the "Agreed List":
The court emphasized that the respondent had the right to access information about their inclusion in the "Agreed List" and the grounds for such inclusion. It was noted that the list served to establish the integrity of officials and that the respondent, as an affected person, had a legitimate interest in knowing the basis for their inclusion. The court upheld the CIC's decision to disclose the relevant documents to the respondent within a specified timeframe.

Consideration of grounds for recommending inclusion in the Agreed List:
The court acknowledged the importance of providing the respondent with the opportunity to prove their innocence if they believed their inclusion in the list was unjustified. The CIC had provided safeguards by allowing the withholding of certain names while disclosing the contents of the inputs. The court agreed that the respondent should not be deprived of the chance to address any stigma on their career resulting from being included in the list.

Protection of privacy and reputation of the individual concerned:
The court addressed concerns about privacy and reputation by highlighting that the respondent was seeking information about themselves and had the right to access such details. The court emphasized that disclosing the material on the basis of inclusion in the list would not jeopardize the purpose of surveillance, as the surveillance period had ended. The CIC's directions to withhold certain names were considered adequate in safeguarding privacy while ensuring transparency.

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