Letter (Ms) No.16152/AR.3/2017-1, dated 16.06.2017

Purpose

The Personnel and Administrative Reforms (AR.III) Department issued Letter (Ms) Number 16152/AR.3/2017-1 on 16 June 2017. It instructs government bodies that a Public Information Officer penalized under section 20 of the Right to Information Act, 2005 must not engage Government Counsel to defend a court case challenging the Tamil Nadu Information Commission's order.

The Office of the Commissioner of Town and Country Planning circulated a copy through Roc. Number 11687/2017/RTI dated 5 July 2017 for further action by its subordinate offices and listed head office staff.

Background to the instruction

The Personnel and Administrative Reforms (AR.III) Department referred to a writ petition filed by a Public Information Officer from the Office of the Joint Commissioner (CT), Enforcement-I. The petition challenged an order of the Tamil Nadu Information Commission.

In that particular case:

• The Tamil Nadu Information Commission imposed a penalty of Rs.25,000 under section 20(1) of the Right to Information Act, 2005.
• The Commission also recommended disciplinary proceedings under section 20(2).
• The Special Government Pleader (Taxes) was shown as counsel for the Public Information Officer challenging the Commission's order.
• The Tamil Nadu Information Commission considered it unfair or incorrect for Government Counsel to challenge its order on behalf of the penalized person.

Who is affected

Letter (Ms) Number 16152/AR.3/2017-1 applies to Public Information Officers who have been penalized under section 20 by the Tamil Nadu Information Commission. It also guides government departments, heads of departments, district collectors and government legal officers on the use of Government Counsel in such cases.

Key direction

The Personnel and Administrative Reforms (AR.III) Department directs that:

• A penalized Public Information Officer may challenge the Tamil Nadu Information Commission's order in court.
• The Public Information Officer cannot engage Government Counsel to defend that challenge.
• The restriction applies in all cases where the Tamil Nadu Information Commission has imposed a penalty under section 20.

Relevance to property matters

Letter (Ms) Number 16152/AR.3/2017-1 does not prescribe land use controls, development rules, planning permissions or property procedures. Its inclusion in the Commissioner of Town and Country Planning's records reflects an internal circulation of Right to Information instructions to subordinate offices.