Dear Friends Please find enclosed as in line text at the end of this mail, an order passed by Kerala Information Commission declaring that the office of the Minister of the Finance Minister is not a Public Office for the purpose of applicability of RTI Act. Chief Information Commissioner Mr Mr Palat Mohandas passed this order on 31.03.2008 declaring that the office of the Minister is not a a Public Authority.
The Commission observed that for the applicability of the RTI Act, it is necessary for the office to come under section 2 (h) and also possess some information as defined under section 2 (j). The Commission observed that the as the office of the Minister does not "generate" any information and as there is no permanent staff attached to this office, the office of the Minister is not a Public Authority as defined under the RTI Act. The Commission also differentiated the office of the Minister with the Prime Minister's Office and held that the PMO acts as an independent secretariat covering a wide range of issues while the office of the Minister takes into account matters only concerning that ministry. The Commission, thus observed that the office of the Minister is not a Public Authority. This is a very bad order and we plan to challenge this order in Kerala High Court. Please send your comments and opinion on this order. Please also send us the copies of orders passed by different Information Commissions either on similar lines or declaring the office of the minister as Public Authority under the RTI Act. The copy of the order is attached as in line text at the end of this mail. I have a scanned pdf copy of this order. In case any member needs the same, please send me an email. I will send it immediately. Group mails does not support sending annexures. Thanks and Regards! *Divya Jyoti Jaipuriar* Advocate Public Cause Research Foundation (A Parivartan Initiative) Delhi 110095 Tel/ Fax: +91 11 22356759 Email: [EMAIL PROTECTED] _______________________________________________________________________________________________________________________ STATE INFORMATION COMMISSION, KERALA PUNNEN ROAD, THIRUVANANTHAPURAM 695 039 Tel: 0471 2335199, Fax: 0471 2330920 Email: [EMAIL PROTECTED] Proceedings of the State Information Commission, Kerala in Complaint petition CP No. 882/2007/SIC (No.6558/SIC-Gen3/2007) Present Sri. Palat Mohandas Chief Information Commissioner Sri. Mundela P. Basheer, Chairman, Pothujanavedi, Punnakkadayil, Kaniyapuram Thiruvananthapuram 695 301 Appellant 1. Public Information Officer Finance Department, Secretariat, Thiruvananthapuram Respondent ORDER The complaint filed by ShrLMundela P.Basheer under the RTI Act 2005 was received by the Commission on *3/1/2008 *and was admitted as C.P * No.882/07/SIC.* The complainant had filed an application fer information before the Office of the Minister for Finance on 08.03.07 for getting an enquiry report of Finance Inspection wing regarding certain-allegations. The Public Information Officer, Finance Department had given him a reply on 5.5.07, 24.7.07, 13.8.07. Aggrieved by the decision of the Public Information Officer he filed the Complaint before the ' State Information Commission on 17.9.07. On getting the complaint, the Information Commission asked for a detailed report. It was submitted on *16/02/08. *The Information Commission carefully examined the complaint and the report. The commission had also, considered the , request of Shri Mundela P.Basheer to nominate the Public Information Officer and Appellate Authority in the Office of the Minister (Finance) considering the position that the Office of the Minister is a Public Authority. The Commission observed that in order to become a Public Authority, an authority should come under the definition of Section (2)(h) and it should possess information as defined under Section 2(f) read with Section 2(j). Over and above it should be upkeeping some information . As a matter of fact, Office of the Minister does not -qenerate any information. There is no permanent staff in the Office of the Minister. The staff is drawn from Government Departments/ Public Sector Undertakings on deputation basis or on direct appointment purely on temporary (Co-terminus) basis in accordance with the personal discretion of the Minister. .They are accountable to the Minister only. The personal staff is to assist the Minister personally in the discharge of his duties. The Government Secretariat support the Minister, in the discharge of his official duties. The Minister heads the Secretariat department. The Secretariat civil service is a permanent establishment and they create/possess/access information and maintain records of the Government. The Minister is expected to take final decision, on the file processed by the concerned Secretariat based on the Govt. policy of the time and also observing the rules and regulations in force. The Secretariat is accountable to the respective Minister. And, any view expressed by and information provided by a Minister should be in tune with the Government policy/s and as per records / information held by the Secretariat. The staff of the Minister are not an independent entity and its establishments is controlled and maintained by the General Administration Department. In usual course all applications put to the Minister under RTI act are to be responded to by the authorities empowered by the RTI Act in the respective Secretariat Department. So far as the case of Prime Minister's Office is concerned , it is functioning as an independent Secretariat, for assisting the Prime-Minister for the discharge of his duties. Historically, it was also like any other personal staff of a Minister but it was enlarged and specific functions given by appropriating them from the Ministries by successive Prime Ministers. A debate on its role and function is still on. All other Ministers are given charge of respective Ministries and their role is confined to that particular Ministry In view of the above, the Commission does not consider that Office of the Minister is a.Public Authority and it should have separate Assistant Public Information Officer, Public Information Officer or Appellate Authority. For the factors cited above, the complaint is found to be devoid of merits and is disposed off accordingly. Dated this the 31 st day of March 2008. *Sd/-* * * *Palat Mohandas* Chief Information Commissioner SECRETARY ______________________________________________________________________________________________________ -- DivyaJyoti Jaipuriar, Advocate Public Cause Research Foundation (A Parivartan Initiative) www.parivartan.com [EMAIL PROTECTED] Tel/ Fax: +91 11 22356759 Cell: +91 9868002365 Visit me at www.jaipuriar.com/index.htm National RTI Helpline No. +91 9718100180 =====-----=====-----=====-----=====-----===== Notice: The information contained in this e-mail message and/or attachment(s) to it may contain confidential or privileged information. If you are not the intended recipient, any dissemination, use, review, distribution, printing or copying of the information contained in this e-mail message and/or attachment(s) to it are strictly prohibited. If you have received this communication in error, please notify us by reply e-mail or telephone and immediately and permanently delete the message and any attachment(s). Before opening any mail and attachment(s) please check them for viruses and defect. Thank you =====-----=====-----=====-----=====-----===== [Non-text portions of this message have been removed]
