"I realise that some of my criticisms may be mistaken; but to refuse to criticize judgements for fear of being mistaken is to abandon criticism altogether... If any of my criticisms are found to be correct, the cause is served; and if any are found to be incorrect the very process of finding out my mistakes must lead to the discovery of the right reasons, or better reasons than I have been able to give, and the cause is served just as well."

-Mr. HM Seervai, Preface to the 1st ed., Constitutional Law of India.

Friday, November 14, 2008


An Inquiry into Judge's Conduct Open for Public Inspection Once completed- CIC. The decision of the CIC is available here.
Here the information was denied on the ground that "inquiry and investigation against an officer is an internal matter between the employer and employee and disclosure thereof is not in public domain." The CIC held:

"information with regard to public activity, which is an investigation, ordered by an institution as august as the High Court cannot be construed to be private activity. Moreover, we cannot agree that disclosing the results of investigation in which the name of the party investigated is cleared will tarnish the name of that party when such an action is compared to any effort to keep such information exempt from disclosure, which can only lead to the rise of the unwarranted suspicion and mistrust, implying concealment. On the other hand we agree that the remaining information could constitute breach of any confidentiality that may have been part of the understanding of investigators and witnesses in conducting this investigation. It will be open to CPIO therefore to sever such part of the information sought that is considered otherwise exempt by exercising severability u/s 10 sub-section (1) of the RTI Act, 2005"

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