The privacy of public servant is becoming a highly contentious issue since the advent of Right to Information Act, 2005 enabling citizen to seek information about public authorities and their officers. An employee of the state is legally defined as public servant and every citizen will be a virtual employer in electoral democracy. Can privacy hamper the regime of transparency and scrutiny of public conduct of the public servant? If government employees privacy is limited, to what extent? The conflict between right to privacy and need for transparency is the centre of controversy in many cases before the information Commissions and Constitutional courts, more so in Girish Ramachandra Deshpandy case, which travelled from second appeal in CIC to SLP before Supreme Court has set a controversial standard for ‘personal’ information causing serious damage to right to information. The apex court’s order of dismissing SLP in Girish Ramachandra Deshpande is … [Read more...] about Scope Of Privacy Of ‘Public’ Servant: An Analysis Of Girish R Deshpande Vis-A-Vis Other Binding Precedents
Public servants definition
The RTI regime is facing a peculiar problem with many political parties, public servants, utility services, educational institutions and some public authorities refusing to be in ‘public’. They do not want to respect the people’s right to information, while the law and administrators of that law are taking years to say whether they are public authorities or not. Some of the public authorities are interpreted to be private bodies by reading the definitions out of context, separated from objectives and distanced from the purpose. Some of the interpretations are pathetically splitting the words from sentences. Unfortunately the spirit of access law is ignored many a time, leading to total denial of legal right guaranteed by the Parliament.In globalized world being described information society, there is a need to understand Section 2(h) of the RTI Act which defined ‘public authority’ a key expression that practically decides the right. Several … [Read more...] about Why Public bodies fear to be “Public Authorities”?
“Be you ever so high, the law is above you. Investigation into every accusation made against each and every person on a reasonable basis, irrespective of the position and status of that person, must be conducted and completed expeditiously”. [Vineet Narain Vs. Union of India AIR 1998 SC 889 ; (1998) 1 SCC 226].A two Judge Bench of Supreme Court in Anil Kumar and Others v. M. K. Aiyappa and Another [2013 (10)SCC 705 ] held that a Special Judge / Magistrate cannot refer a Complaint for investigation under S.156(3) of the CrPC against a Public Servant without a valid sanction order from the Government. The Bench was considering the question whether the Special Judge/Magistrate is justified in referring a private complaint made under Section 200 CrPC for investigation by the Deputy Superintendent of Police — Karnataka Lokayukta, in exercise of powers conferred under Section 156(3) CrPC without the production of a valid sanction order under Section 19 of the Prevention of … [Read more...] about Sanction for referring a Complaint (against public servant)for investigation under S.156(3) of the CrPC – Anil Kumar’s Case [(2013)10 SCC 705] is per-incurium
In a significant judgment rendered today, the Apex Court has upheld the constitutionality of two legislations passed by the states of Bihar and Odisha to tackle corruption in their respective states.Called upon to decide the correctness of the judgments rendered by the High Court of Judicature of Orissa at Cuttack and the High Court of Judicature at Patna upholding the constitutional validity of the Orissa Special Courts Act, 2006 (for short, “the Orissa Act”) and the Bihar Special Courts Act, 2009 (for short, “the Bihar Act”), respectively, a Bench of the Apex Court comprising of Justice Anil R Dave and Justice Dipak Misra has held that the provisions in both the enactments providing for confiscation of property or money or both neither violates Article 14 nor Article 20(1) nor Article 21 of the Constitution, and that the establishment of Special Courts under the Orissa Act as well as the Bihar Act is not violative of Article 247 of the Constitution.The Supreme … [Read more...] about SC upholds the Vires of Bihar and Orissa Spl. Courts Act including provisions for Confiscation of Assets amassed by public servants [Read Judgment]
Supreme Court Today delivered a landmark Judgment holding that Chairman, Directors and Officers of Global Trust Bank Ltd. (a private bank before its amalgamation with the Oriental Bank of Commerce), can be said to be public servants for the purposes of their prosecution in respect of offences punishable under Prevention of Corruption Act, 1988.The Two Judge Bench held that by virtue of the provisions of Section 46A of the Banking Regulation Act, 1949 prosecutions launched against the accused officials are maintainable in law.As per Clause (viii) contained in Section 2(c) of P.C. Act, 1988 a person who holds an office by virtue of which he is authorized or required to perform any public duty, is a public servant. In this Case the Court has examined as to whether the chairman/managing director or executive director of a private bank operating under licence issued by RBI under Banking Regulation Act, 1949, held/holds an office and performed /performs public duty so as to attract the … [Read more...] about Breaking; Prosecution for Corruption (PC Act) against Officials of Private Bank is maintainable as they are deemed Public Servants; SC