In two recent orders, information commissioner Shailesh Gandhi held that government servants will have to disclose a lot of financial information to citizens under the Right to Information Act.
Corrupt babus, beware. The Central Information Commission (CIC) has just held that citizens have a right to know everything there is about the assets bureaucrats own, the expenses they incur, and their lifestyles. Those who seem to be living beyond their means will have a tough time explaining it.
In two recent orders, information commissioner Shailesh Gandhi held that government servants will have to disclose a lot of financial information to citizens under the Right to Information Act (RTI), 2005. Information relating to a government officer’s assets and liabilities — at the time of joining the service, before it and at any point of time during service — his accommodation, use of official vehicles for private purposes, monthly salary, and even the amount of fees spent on children will have to be disclosed.
The orders relate to two cases involving Gyanesh Bharti, additional commissioner of trade and tax, New Delhi, and the deputy health officer in the Municipal Corporation of Delhi, Ashok Rawat. In Bharati’s case, the principal information officer concerned had declined to give details about immovable properties purchased between April, 2005, and January, 2009, on the ground that this was an invasion of privacy.
Gandhi held that the information sought was routine and not fiduciary in nature. His order in the Bharti case says: “...information on the assets and properties held by a public servant are provided in fulfilment of a statutory requirement and there is no element of choice in providing this information.... only certain information that are availed through use of exceptional power are private.... and hence it can be argued that where the state routinely obtains information from citizens, this information is in relationship to a public activity and will not be an intrusion on privacy.”
In the latter case involving Ashok Rawat, Gandhi quotes a Supreme Court ruling to insist that the information should be given to citizens. “Even people who aspire to be public servants by getting elected have to declare their property details. If people who aspire to be public servants must declare their property details, it is only logical that the details of assets of those who are public servants must be considered to be disclosable. Hence the exemption under Section 8(1)(j) cannot be applied in the instant case.”
RTI activists have cheered the orders. They feel that usage of the Act is slowly rising and people are exploring new things. What was initially denied is now reaching the second appeal stage at least.
“It is a brilliant order. It will empower a lot of activists and bring out facts that establish corruption in public offices and administration. It is known that there are people with disproportionate assets, but we cannot establish that. With this, it will get easier. It allows you to go beyond allegations. This should finally bring about more complaints. You can also inform vigilance officers and the information can be acted upon. The moment people know that we can look at their assets, it will automatically curb corruption,” says Krishnaraj Rao, a Mumbai RTI activist.
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