Ashok Khemka, a 1992-batch IAS officer. (Express File Photo)Setting aside the decisions of State Information Commissioner and the first appellate authority, Haryana’s Chief Information Commissioner Vijai Vardhan has allowed senior IAS officer Ashok Khemka to inspect the file pertaining to promotion of another IAS officer, Anand Mohan Sharan, to chief secretary grade. Khemka had sought to inspect the file, under RTI Act, stating that Sharan has been promoted by flouting the set guidelines.
Khemka, a 1992-batch officer, had first filed the RTI application in January this year soliciting one-point information — inspection of relevant file(s) relating to the promotion of Sharan to the Chief Secretary’s Grade on January 14, 2022.
The same was denied to him by the Public Information Officer stating that it was “exempted from disclosure under Section 8(1)(j) of the RTI Act and instructions dated 05.01.2021 issued by the Chief Secretary to Government, Haryana, Administrative Reforms Department”.
The PIO also ciated Supreme Court’s judgments while denying the inspection of file to Khemka. The First Appellate Authority, too, in an order dated February 24, cited same reasons and stated that “the contents of disciplinary and criminal matters of Shri Anand Mohan Sharan are also contained in the same file and therefore the appellant cannot be allowed to inspect the same”.
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Khemka, challenging the first appellate authority’s decision, filed a second appeal in the State Information Commission on which the latter summoned the concerned parties on June 28. While deciding Khemka’s second appeal, CIC Vijai Vardhan ruled that the public information officer “shall allow the inspection of the relevant file(s)…to the appellant” within 15 days of the receipt of this order. “While allowing this inspection, as per Section 10, of the RTI Act, 2005, the part containing the details of the ACRs, criminal and disciplinary proceedings pending against Sharan shall not be disclosed to the appellant,” ruling read.
Khemka, while citing reasons why he wanted to inspect the file had averred that Sharan was promoted “by flouting the instructions and promotion guidelines issued by the Department of Personnel and Training (DoPT), Government of India which forecloses promotions during the pendency of criminal trial and/or disciplinary proceedings”.
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