Tuesday, July 26

The names of I.A.S., I.P.S., HCS, HPS Officers involved in corruption can not be hidden from public: HC rules.

Chandigarh: Tuesday (26.07.2016) Information relating to the involvement of I.A.S., I.P.S., HCS, HPS Officers in corruption cases is not their personal information and such information can not be denied to the public on the ground that ‘its a matter between ‘employer and employee’, Justice Gurmeet Singh Sandhawalia has ruled in a judgment. The ruling came on the plea of Pardeep Rapria, Advocate for the petitioner Subhash.
Mr. Subhash had sought the names, designation and other details relating to such I.A.S., I.P.S., HCS, HPS Officers of the Haryana cadre who had got promotions and allowed to retire with all consequential benefits; despite their involvement in the corruption cases. The Haryana Govt. denied the desired information on the ground that ‘such information was personal information of the officers and it was a matter between employer and employee’ After hearing the matter Mr. Naresh Gulati, Information Commissioner also agreed with the decision of the Govt and held that such information amounts to ‘unwarranted invasion of the privacy of the officers’ Ultimately, the Petitioner had to knock the doors of the High Court through his counsel Pardeep Rapria. In the year 2014 the High Court issued notice to the Haryana Govt. and State Information Commission. As per the counsel for the Petitioner, in the High Court the present Haryana Govt. delayed the matter for two years on one pretext or other. Before the High Court the present Haryana Govt. took plea that the disclosure of the information relating to the senior officers was justified in the larger public interest; as the officers will face media trial which will amount to the unwarranted invasion of the privacy of the officers.
RTI Activist Subhash Chander, through Pardeep Rapria, Advocate had pleaded before the High Court that the public ‘being the master of public servants has fundamental right to know about their conduct, especially in reference to corruption cases registered during the discharge of their public duties. The officials involved in corruption cases don’t have any right to privacy and disclosure of such information is larger public interest. Mr. Rapria also argued that media is at liberty to comment about the cases against a lay man, but in case of a public servant such information has been withheld from media.

While agreeing with the arguments of the counsel for petitioner the High Court while setting aside the order passed by Information Commissioner, Naresh Gulati gave verdict that the information about corruption can not be the personal information of any officer and the transparent governance is the hallmark of good governance and citizens have right to know about the involvement of the officers in corruption cases.
http://www.phhc.gov.in/download_file.php?auth=Li9wZGYvZm8vQ1dQXzE3NzE4XzIwMTRfMjZfMDdfMjAxNl9GSU5BTF9PUkRFUi5wZGY=

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