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‘Info can’t be denied to former employees’

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As reported in howrah.org on 4 August 2008:

?Info can?t be denied to former employees? - Howrah News Service - Latest news and headlines on Howrah and West Bengal


‘Info can’t be denied to former employees’



Aug. 4: The Central Information Commission (CIC) held that a public authority cannot deny information under the RTI Act to its ex-employee on quasi-judicial proceedings like the court martial, citing "fiduciary relationship" — a bond based on trust between him and the government.


"An authority has a duty to act in a transparent manner and cannot withhold its reasoning only on the ground that there is a fiduciary relationship between him (an employee) and the government," chief information commissioner Wajahat Habibullah said.


The transparency panel said the proceedings before the court martial and the consequential application for pardon under the Army Act are matters, although administrative in substance, which were quasi-judicial in nature.


The commission passed its directions while deciding an appeal of Dr Harish Uppal, who was denied information relating to his conviction by a court martial following the Bangladesh War of 1971.


It directed the ministry of defence to furnish information to the ex-captain regarding the outcome of his application on his conviction more than 30 years ago. The commission allowed Dr Uppal inspection of the relevant records.

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