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STATE INFORMATION COMMISSION, KERALAPUNNEN ROAD, THIRUVANANTHAPURAM 695 039

Tel: 0471 2335199, Fax: 0471 2330920Email: sic@infokerala.org.in

Proceedings of the State Information Commission, Kerala in Complaint petition.- CP No. 882/2007/SIC

(No.6558/SIC-Gen3/2007)

Present

Sri. Palat MohandasChief Information Commissioner

~undela P.Basheer, }Chairman, Pothujanavedi,Punnakkadayil, KaniyapuramThiruvananthapuram 695 301

Appellant

1. Public Information OfficerFina;nce Department,Secretariat,Thiruvananthapuram

ORDER

Respondent

The complaint filed by ShrLMundela P.Basheer under the RTI Act 2005 was

received by the Commission on 3/1/2008 and was admitted as C.P No.882/07/SIC.

The complainant had filed an application fer information before the Office of the

Minister for Finance on 08.03.07 for getting an enquiry report of Finance Inspection wing

regarding certain-allegations. The Public Information Officer, Finance Department had

given him a reply on 5.5.07, 24.7.07, 13.8.07. Aggrieved by the decision of the Public

Information Officer he filed the Complaint before the' State Information Commission on

17.9.07.

On getting the complaint, the Information Commission asked for a detailed report. It

was submitted on 16/02/08. The Information Commission carefully examined the complaint1

"'" "-and the report. The commission had also_ considered the _request of ShrLMundela '.

P.Basheer to nominate the Public Information Officer and Appellate Authority in the Office

of the Minister (Finance) considering the position that the Office of the Minister 'is a Public

Authority.

The Commission observed that in order to become a Public Authority, an authority

should come under the definition of Section (2)(h) and it should possess information as

defined under Section 2(f) read with Section 20). Over and above it should be upkeeping-- _. --- - ~

some information. As a matter of fact. Office of the Minister does not ,generate any

information. There is no permanent staff in the Office of the Minister. The staff is drawn

from Government Departments/ Public Sector Undertakings on deputation basis or on

direct appointment purely on temporary (Co-terminus) basis in accordance with the

personal discretion of the Minister. -They are accountable to the Minister only. The

personal staff is to assist the Minister personally in the discharge of his duties_

The Government Secretariat support the Minister, in the discharge of his official

duties. The Minister heads the Secretariat department. The Secretariat civil service is a

permanent establishment and t~ey create/possess/access information and maintain

records of the Government. The' Minister is expected to take final decision, on the file

processed by the concerned Secretariat based on the Govt. policy of-the time alld also~=-=-=- - --" =- - - -

observing the rules and regulations in force. The Secretariat is accountable to the

respective Minister. And, any view expressed by and information provided by a Minister

should be in tune with- the Government policy/s and as per records I information held by

the Secretariat.

The staff of the Minister are not an independent entity and its establishments is

controlled and maintained by the General Administration Department. In usual course, all

applications put to the Minister under RTI act are to be responded to by the authorities

empowered by the RTI Act in the respective Secretariat Department.

So far as the case of Prime Minister's Office is concerned, it is functioning as an

--- - independent Secretariat. for assisting the Prime-Minister for the discharge of his duties.

Historically, it was also like any other personal staff of a Minister but it was enlarged and

specific functions given by appropriating them from the Ministries by successive Prime

Ministers. A debate on its role and function is still on. All other Ministers are given charge

of respective Ministries and their role is confined to that particular Ministry.

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In view of the above, the Commission does not consider that Office of the Minister is

a Public Authority and it should have separate Assistant Public Information Officer, Public

Information Officer or Appellate Authority.

For the factors cited above, the complaint is found to be devoid of merits and is

disposed off accordingly.

Dated this the 31 st day of March 2008.__ _ __

Sd/-Palat Mohandas

Chief Information Commissioner

SECRETARY

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