Tribune News Service
Chandigarh, November 3
Can the State Information Commissioner take the stand that disciplinary proceedings against any employee were personal in nature to him and could not be disclosed? The vital question of law has come under the judicial scanner with the filing of a petition before the Punjab and Haryana High Court.
The issue was raised before the Bench of Justice Amol Rattan Singh after Manish Tonk filed a petition against the Punjab State Information Commissioner and other respondents. He was seeking the quashing of order dated April 17, 2018, passed by the Commissioner rejecting an appeal filed by him under the Right to Information Act, 2005.
He was further seeking issuance of directions to the respondents to provide necessary information to him in accordance with his application dated August 14, 2017, under the Right to Information Act.
Appearing before the Bench through videoconferencing, his counsel submitted that any embezzlement of municipality funds, as alleged in a letter dated June 29, 2007, would be a matter of public interest. As such, the stand taken by the Commissioner that disciplinary proceedings against any employee were personal in nature to him and could not be disclosed in terms of Supreme Court judgment in “Garish Ramchandra Despande versus Central Information Commissioner and others” was wholly misconceived.
Taking up the matter, Justice Amol Rattan Singh issued notice of motion to the Commissioner and other respondents. It was accepted by the State counsel at the asking of the court on behalf of the Director, Local Bodies.
Fixing January 22, next year, as next date of hearing, Justice Amol Rattan Singh directed the Director to file a reply to the petition “as regards the outcome of any enquiry pertaining to the alleged embezzlement of municipal funds in terms of the letters”.
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