
"Improper": Kerala High Court Pulls Up State Public Service Commission For Destroying Records During Pendency Of RTI Application
Live LawThe Kerala High Court stated that the Kerala Public Service Commission has the power to destroy records in accordance with the Office Manual prescribing record preservation procedures and Rules made under the Kerala Destruction of Records Act. If in such event it is brought to the notice of the State Information Commission that during the pendency of an application for information, records were destroyed by the PSC, the State Information Commission will be free to take appropriate action for which no general direction is required.” Background Facts The applicant submitted an application under the RTI on July 2013 to get information of question papers of all PSC exams conducted from January 2013 to June 2013, official answers to questions, name of exams for different posts and date of examinations. The Counsel for PSC submitted that they were not obliged to disclose information since the question papers were destroyed following Office Manual prescribing procedure for the preservation of records and rules framed under the Kerala Destruction of Records Act, 1961. Findings The Court stated that PSC could destroy question papers as per the Office Manual prescribing procedure for the preservation of records and Rules made under the Kerala Destruction of Records Act. Hence, it is declared that once the records are destroyed, the PSC cannot be compelled by the State Information Officer to disclose the information.” The Court then went on to consider whether the PSC could have destroyed documents and denied information to the applicant even when an application filed under the RTI Act was pending before it.
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