Blog Archives

Information Commissioner to pay costs of Rs 1 lakh for filing a frivolous petition

Information commissionerIn the first case of its kind, an Information Commissioner has been directed to pay costs of Rs 1 lakh by the Apex Court for filing a frivolous petition. This judgment has wide ramifications for the transparency movement in the country.  Read more ›

Oral Directions to Civil Servants

Oral Directions to Civil ServantsWhere the fear of APAR is there, does a junior officer ever get a chance to record that superior officer has given the directions? Even if superior officer gives oral directions, it is actually imbibed by junior officer as his own noting. Both All India Civil Service Rules and Central Civil Service Rules covering most of the Government civil service contains the provision in Section3 from time immortal:

The direction of the official superior shall ordinarily be in writing. Oral direction to subordinates shall be avoided, as far as possible. Where the issue of oral direction becomes unavoidable, the official superior shall confirm it in writing immediately thereafter;

A Government servant who has received oral direction from his official superior shall seek confirmation of the same in writing as early as possible, whereupon it shall be the duty of the official superior to confirm the direction in writing.

Supreme Court Decision: “We, therefore, direct all the State Governments and Union Territories to issue directions like Rule 3(3) of the All India Services (Conduct) Rules, 1968, in their respective States and Union Territories which will be carried out within three months from today.

Oral Directions to Civil Servants

It is not understood why this is a big news for the media, except for creating expectation of unexpected. On the first reaction from most of the officers, it is found that without reading the judgement of supreme court, they have unanimously concluded that from now on all decisions shall be in writing. That superior officer shall give most of the directions in writing. However, with the decision of Hon’ble Supreme Court, nothing changes. Only that SC has emphasised that like AIS rule 3(3) applicable to All India Service Officers, the directions shall be issued by all state Government to be implemented for other officers too. What is means that now the method applied by IAS in the state Government shall need to be followed by other service personnel too like State Services / Provincial Services. There is no change in the way Rule 3 (3) is to be interpreted. Read more ›

MP and MLA now as Information Commissioners

MP and MLA now as Information Commissioners
The Supreme Court recalled its own order – which would have brought sweeping changes in the functioning of the RTI machinery allowed MP and MLA now as Information Commissioners.
The Supreme Court stated that as the judgment under review suffers from mistake of law we recall the directions and declarations in the judgment under reviewSecondly, SC Allowed Member of Parliament or Member of the Legislature or a person holding any other office of profit or connected with any political party or carrying on any business or pursuing any profession from being considered for appointment as Chief Information Commissioner or Information Commissioner. And lastly, wherever Chief Information Commissioner is of the opinion that intricate questions of law will have to be decided in a matter coming up before the Information Commission, he will ensure that the matter is heard by an Information Commissioner who has wide knowledge and experience in the field of law.  Read more ›