- (1.) The matrix of the facts, which needs a necessary mention for a limited purpose of deciding the core controversy involved in the instant writ petition and emanating from the record, is that Petitioner-D.P. Jangra was posted as District Food and Supplies Controller, Yamuna Nagar. Shamsher Singh (Respondent No. 5) son of Kathu Ram sought information under The Right to Information Act, 2005 (hereinafter to be referred as "the Act"), relating to the expenditure, movable and immovable properties of the Petitioner, vide application dated 18.01.2010. He has also sought copies of the permissions obtained by the Petitioner to purchase/sell the property. The same were not supplied to him by the State Public Information Officer(for short "the SPIO"). Dissatisfied with it, the private Respondent filed the first appeal, but the information was not supplied to him as well by the First Appellate Authority(for brevity "the FAA").
(2.) Aggrieved by the action of the SPIO and the FAA, Respondent No. 5 filed the second appeal before the State Information Commissioner, Haryana(for brevity "the SIC"). During the course of hearing of the second appeal, the SIC passed the impugned order dated 21.07.2010(Annexure P-4). The operative part of which is, as under: In the hearing today, the Appellant and the Respondents were present and heard. The Appellant submitted that requisite information has not been provided to him by the Respondents so far. The Respondents submitted that the informations sought by the Appellant cannot be furnished since it is covered under Section 8(1)(j) of the RTI Act on the plea that it is invasion on the privacy of individual. The learned Judges of Supreme Court are furnishing details of their movable; immovable assets, so are the Legislators before filing their nomination papers. The Commissioner had ordered official of M.C.F., Faridabad to furnish details of their movable, immovable assets. Likewise, an order has been issued in respect of officials of Haryana State Agricultural Marketing Board. However, still Sh.D.P. Jangra is being extended an opportunity and a personal hearing on 09.08.2010 to make his submissions in case he has any specific reason for not furnishing details of his movable, immovable assets. The next date of hearing is fixed for 09.08.2010 at 11.00 hours.
(3.) Not only that, instead of supplying the requisite information, the FAA and the SPIO contended that as per arguments of the Petitioner, the information sought by Respondent No. 5, cannot be furnished, since, the same is covered under Section 8(e)(j) of the Act. However, their plea was negatived and the SIC directed them to supply the information vide impugned order dated 09.08.2010(Annexure P-14). The operative part of which is, as follows: Today in the hearing, both the Appellant and Respondents were present and heard. With the existing levels corruption in our system, we cannot create world class assets/infrastructure for our future generations despite the funds/liquidity at our disposal currently. The Appellant had alleged various charges of corruption against Sh.D.P. Jangra who has been DFSC, Yamuna Nagar on several occasions in the hearing before Commission. The corruption in Respondent department could be more pronounced due to its interaction with general public and more so with BPL population. We should attempt to reduce if not totally eliminate the source of corruption from out Society. India is at position No. 134 on the UN Human Development Index since 1994 despite a 15 times increase in budget allocation over this period for social sector and poverty alleviation programmes by the Government. It is hereby directed that the Respondent/public authority i.e. The Director Food & Supplies Deptt. could consider obtaining the details of movable; immovable assets of all employees in Respondent department/public authority starting from the level of sub inspector in the field offices and details should be accessible to the general public on the web site of Respondents/public authority. RTI Act seeks to make those who govern accountable to the governed and also seeks to reduce corruption in our system. It is expected that corruption will be considerably reduced in the system if proposed details of assets of individuals are available to the general public on website as very few officials would like to create benami properties. SPIO is hereby directed to obtain the details of movable, immovable assets of Sh.D.P. Jangra, his wife and family members and furnish the same to the Appellant within 25 days of issue of order with copy to the Appellant and the Commission in term of Appellant's application dated 18.01.2010. The case will be closed only after receipt of the above information.;