9911796707
TMI Blog2014 (1) TMI 1548X X X X Extracts X X X X X X X X Extracts X X X X ..... up to 10 Information Commissioners. If this is deemed to be the sanctioned strength, the vacancy on a particular date will be calculated with reference to the number of Information Commissioners already in position on that date. Similarly, the staff strength of the CIC is sanctioned by the appropriate government. Therefore, the vacancies in various categories of staff on any reference date can be worked out by subtracting the number of staff already in position from the total number sanctioned. Inspection must be completed in a reasonable time period. Be that as it may, in the present case, if there are files which have not been inspected due to whatever reason, those must be shown to the Appellant for inspection. We would, therefore, l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efore, the information could be provided only after the files were returned to the relevant section. Against this, the Appellant preferred an appeal in which he had requested for personal hearing. The Appellate Authority disposed off the appeal by upholding the stand taken by the CPIO but without providing any opportunity of hearing to the Appellant. 4. During the hearing, the Appellant objected to the decision of the Appellate Authority taken without giving him an opportunity of hearing. Besides, he also objected to the fact that the Appellate Authority had passed only a partial order directing disclosure of the remaining information but had not given any direction on the request for inspection of records. He submitted that he could not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncies, if any, in respect of the Information Commissioners on the one hand and the staff on the other as on the reference dates mentioned by the Appellant. The files to be shown to him for inspection are also those which clearly deal with both these subjects, once again, as on the reference dates. The Appellant is not entitled to see any other file except exactly those which deal with both the subjects and with reference to the dates mentioned by him. It is the duty of the CPIO to find out the exact files and to show him, and secondly, if required, to provide the photocopies of relevant records. 7. On the face of the information sought, there appears to be some problems though. The Right to Information (RTI) Act provides for the appointme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... im free of charge. 9. Now, about the delay on the part of the CPIO in allowing complete inspection of the relevant files. In the present case, it appears the relevant files were under submission over a long period of time. A balance has to be struck between the citizen s right to access information and the conduct of government business. Needless to say, both have equal merit. In all such cases, whenever the relevant files are found pending before higher authorities for unreasonably long period of time, the CPIO should recall the file on any particular date and make it available for inspection. However, if the files are under routine submission, it would be unwise and impractical to recall those files only to be shown to an information se ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
