Monday, May 2, 2011

[HumJanenge] Cabinet note not secret: Info panel

Cabinet note not secret: Info panel
Maha Watchdog Overrules itself.

MUMBAI: A cabinet note on the basis of which a council of minister takes a decision and subsequently passes a government
resolution is not confidential and anyone can have access to a copy of it under the RTI Act.
The verdict was passed on Friday by a full bench of the Maharashtra information commission, presided over by chief information commissioner Vilas Patil. The new decree overrules Vikas Patil's predecessor Suresh Joshi's ruling in 2006 that said a cabinet note was a confidential document and a citizen could not get access to it by applying under the Right To Information Act.
The latest decision was arrived at after a much deliberation, with Vilas Patil, his Aurungabad counterpart D B Deshpande, Amravati information commissioner Bhaskar Patil and Nagpur information chief P W Patil maintaining that the note should not be kept secret. However, Navi Mumbai info chief Navinkumar and his Nashik counterpart M H Shah tried to argue it should not be made public.
The view of the majority prevailed and it was decided that an RTI applicant is eligible to obtain a copy of the cabinet note, an official told TOI on Saturday.
The issue was raised after a resident, Archana Gawda, in 2007, filed a query under the RTI Act, seeking a copy of the cabinet note of the repeal of the Urban Land Ceiling Act and the states decision on the proposal. The general administration department, however, refused to send her a copy saying, according to the rules of business and provisions of the RTI Act, a cabinet note was confidential and hence out of RTI purview.

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