RTI is fundamental right - What constitute fiduciary relationship

Justice S. Siri Jagan of the Kerala High Court held that Right to Information is not a mere statutory right created by an Act but essentially is a fundamental right. It was also held that there is no fiduciary relationship between a public authority and an examiner engaged by the public authority to attract the exemption clauses in Section 8, when a candidate applied for the copy of his answer paper under RTI Act. Thus candidate is entitled for copy of his answer paper on filing a RTI application under S.6.

See 2010 (3) Kerala Law Times 965

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Tags : Constitutional Law

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Comments

14 years ago Madhukar khandagle

RTI act is very powerfull instrument in the hands of aam aadmi.It is way to bring the crupt practice to an end.

14 years ago P.S.Surendranath

My application under RTIA 2005 with Southern Railway dt 24-07-09 is disposed with false and insufficient information after486 days after hearing by Hon'ble Commissioner, my second application dt. 28-11-2009 is disposed by Southern Railways with insufficient information after 382 days after hearing by Hon'ble Commissioner. The Hon'ble Commissioner did not punish the Appl. Authority, PIO and APIO. This is my fate yaar. I am filing Appeal with Hon'ble CIC. This is the RTIA yaar.

14 years ago vaidyanathan

RTI act when passed through parliament then any addition and deletion or qualification also should be referred to parliament but the government is doing all such things arbitrarily which is a death knell

14 years ago S. K. MISHRA

Yes, Hon'ble Supreme Court of India also stated about our fundamental right - Right to speach and expression including Right to Information", but the act enacted to give a form of law and a process to use it which should not be allowed to violate by any burocrates

14 years ago H.M.Patnaik

The Beauracracy treats the RTI Act as a ever antagonisng law created to keep an watch over their overtures . Where is need of any such law , when the welfare of countrymen takes the uppermost seat in the minds of all public authority. Judiciary does its duty, when a matter comes up to this level for adjudication but is it not the humble duty of all public servant to keep in mind the object behind their deployment .

14 years ago Rema

It is most important to note that a Govt. employee in any cader must always feel that he is only a public servant and is obliged to serve the public, and that the public has the right to get his service. The introduction of RTI Act has created a feeling among the public that they are also eligible to know what happens in the Govt.,PUC or other orgnisations. Welcoming the verdict of the Hon. High Court. Rema

14 years ago paramjit singh

Punjab State Information does not complying with RTI Act obligation and Haryana SIC only looking into that the application is answered whatsoever even i have sought information from CIS and PIO did not comply with the requirements of the Act. It is felt that information authorities are deffering the main object of the act i.e. accountability.