ARVIND KEJRIWAL Vs. CENTRAL PUBLIC INFORMATION OFFICER

JUDGEMENT

(1.) A short but interesting question arises for determination in these petitions arising out of an order dated 12th June 2008, passed by the Central Information Commission ('CIC'). That question is whether the information seeker Mr. Arvind Kejriwal can be provided with copies of documents in the files concerning appointments at the levels of Deputy Secretary, Director, Joint Secretary, Additional Secretary and Secretary in the Government of India without the procedure outlined in Section 11(1) of the Right to Information Act, 2005 ('RTI Act') having to be followed'

(2.) The CIC allowed Mr. Kejriwal inspection of the relevant files concerning empanelment of Additional Secretaries and Secretaries to the Government of India and he was to be provided by the Department of Personnel and Training ('DoPT'), Government of India copies of the documents and records, as might be specified by him after inspection. Further, it was held that since Mr. Kejriwal had already been allowed inspection of the files of the appointments of officers in the rank of Deputy Secretary, Director and Joint Secretary, the denial of photocopies of the documents was not justified. These documents included the annual confidential rolls ('ACRs'), the grading of the officers, their vigilance clearance etc., However, since Mr. Kejriwal himself stated that he did not want copies of the ACRs of each of the officers "but required only the chart which contained the grading of the officers" and "since such chart would not contain any personal information", the CIC directed the DoPT to provide copies of the chart to him within 20 working days.

(3.) Mr. Kejriwal has filed Writ Petition (Civil) No. 6614 of 2008 seeking implementation of the above order dated 12th June 2008 of the CIC. The Union of India ('UOI') has filed Writ Petition (Civil) No. 8999 of 2008 challenging the said order. It has also filed Writ Petition (Civil) No. 8407 of 2009 challenging a subsequent order dated 27th November 2008 passed by the CIC taking exception to the DoPT's non-compliance of its earlier order dated 12th June 2008 and directing compliance by 30th December 2008.