DoPT circular invites CIC ire

Reacting to it, Chief Information Commissioner Wajahat Habibullah has said, 8220;The DoPT circular cited above is curious in that it seeks to substitute the law passed by Parliament with its own interpolation inserted on its website.8221;

8220;This interpolation was also, it appears, inserted not on the basis of any expert advice but on the recommendation of Under Secretary RM Shri Rakesh Malhotra, at the time the DoPT was examining the uploading in the FAQ section,8221; he adds.

The circular drew CIC8217;s attention when it was hearing an appeal of a senior IAS officer Des Raj Dhingra from Haryana, who was denied access to notings on his file despite requesting the department that non-disclosure of the information within the next 48 hours would affect his 8220;life and liberty8221;.

Dhingra had on 23 May 2008 sought to 8220;personally examine8221; his file over doubts that his date of birth was wrongly noted, solely due to which he was set to retire seven days later. However, the department chose not to reply, following which, three days later on May 26, he appealed to DoPT Director Chaitanya Prasad.

Dhingra pleaded that he had applied for 8220;copies of the noting portion within 48 hours as per the RTI Act, which says the information sought shall be provided within 48 hours from the date of receipt of the request if it concerns the life or liberty of the person8221;. Five days later, on May 31, he was going to retire because of the 8220;recording of wrong date of birth8221;. But his request was met with a denial on the basis of the circular.

The DoPT goes on to acknowledge that the 8220;CIC in several cases has held that the 8216;file noting8217; is an integral part of a file and should be disclosed8221;, but points out that 8220;the matter is under examination and decision taken would be communicated to all concerned as and when taken8221;.

8220;While the Act of 2005 incorporates other exemptions, it has not incorporated any such provision which will exclude the file notings from disclosure. Contrary to what has been submitted before us by the DoPT, it appears that Parliament, in fact, intended that the file notings are no more exempted and are to be made available to the people,8221; the CIC noted.

Pointing out that decisions of Information Commissions to permit access to notings are 8220;binding8221; on public authorities until and unless a parliamentary amendment says otherwise, the CIC directed the DoPT to disclose all file notings to Dhingra within a week.