PRADEEP KANT, J. - (1.) THIS writ petition raises very important and serious issues arising out of the provisions of The Right to Information Act, 2005 (hereinafter referred to as RTI Act), i.e. the scope thereof, its implementation, the functioning of the Chief Information Commissioner in due discharge of his duties under the Act, the control of the Governor over his functioning including the power to make reference under Section 17(1) of the RTI Act to the Supreme Court for holding an enquiry and the power to suspend and restrain the Chief Information Commissioner from attending the office during enquiry under Section 17(2) of the Act.
(2.) RTI Act is an Act providing for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto. The purpose and object of the Act is to bring transparency in the Government functioning so as to minimize the corruption and to have check on the arbitrary decisions and actions of the Government and their instrumentalities, who are accountable to the public. In furtherance of the aforesaid object and for removing the mischief, the Act prescribes detailed procedure for seeking information from public authority through the Public Information Officer. The Act provides constitution of a Central Information Commission or the State Information Commission, as the case may be, of which the Chief Information Commissioner is the head.
(3.) THE Act consciously prescribes that an information which is not exempted under the provisions of the Act cannot be refused to be supplied nor the person who is seeking the information is required to give reasons for having, such information. It also balances and harmonises the conflicting interest with other public interest.;