Citizen's Right to Information: Limits on Accessing Recruitment Info The appeal was disposed of as the requested recruitment information was not available with the Insolvency and Bankruptcy Board of India. The appellant ...
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Citizen's Right to Information: Limits on Accessing Recruitment Info
The appeal was disposed of as the requested recruitment information was not available with the Insolvency and Bankruptcy Board of India. The appellant sought specific details related to the recruitment process but the Board did not possess the information. The judgment highlighted that citizens have a right to access information held by public authorities, subject to statutory limitations, and if the information is not within the control of the public authority as defined by law, it cannot be accessed.
Issues: - Appeal against CPIO's order regarding RTI request for recruitment information.
Analysis: The appeal was filed by the appellant against the order of the Central Public Information Officer (CPIO) of the Insolvency and Bankruptcy Board of India regarding the appellant's Right to Information (RTI) request related to the recruitment of officers in 2018. The appellant sought specific information including a copy of the online exam paper with options, suggested answer key, and a copy of the punch card with keys pressed during the exam. The appellant raised concerns regarding the relevance of the requested information to the recruitment process conducted by the Insolvency and Bankruptcy Board of India through an agency. The appellant argued that the information should be available with either the Board or the agency involved in the recruitment process. However, upon examination, it was found that the requested information was not available with the Board. The judgment referred to a Supreme Court case emphasizing that citizens have a right to access information held and under the control of public authorities, with statutory limitations. If the information is not accessible by a public authority as defined by law, it cannot be considered under the control of the public authority. Consequently, the appeal was disposed of based on the unavailability of the requested information with the Insolvency and Bankruptcy Board of India.
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