Legal
IAS, IPS, and All Public Servants’ Assets and Liabilities Must Be Open to Public Scrutiny: High Court
The Madras High Court has ruled that the service register of a public servant cannot be entirely exempted from disclosure under Section 8 of the Right to Information (RTI) Act, while stressing the need for reasonable restrictions. Section 8(j) of the RTI Act exempts personal information from disclosure, but the court clarified that certain details in a service register, such as assets and liabilities, are not private and must be open to public scrutiny.
Justice CV Karthikeyan observed that while the disclosure of public servants’ assets and liabilities is necessary, restrictions should ensure that sensitive information does not harm their careers. Details such as the date of joining, promotions, and nature of work can be disclosed, provided they do not compromise the public servant’s career.
ALSO READ : Nominations Open for FCRF Excellence Awards in Cyber Policing: Click Here for Details [Nominate for Cyber Policing Award]
The court emphasized that all materials in a service register must be scrutinized by the relevant authorities. If any information is withheld, valid reasons must be provided. “There cannot be an order denying every piece of information. Any denial must be justified with proper reasoning,” the court stated.
The judgment came in response to a petition by M Tamilselvan, who challenged the Revenue Divisional Officer’s decision to deny access to information about public servants’ service registers. Tamilselvan had sought details on alleged disproportionate assets of an Assistant Engineer and the service register of a Panchayat Secretary. The denial cited Section 8 of the RTI Act.
The court found the denial unsatisfactory, noting that public servants cannot avoid scrutiny as their roles inherently involve public accountability. It remanded the case to the District Collector for fresh consideration and directed the appeal to be resolved within two months following legal procedures.
