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2011 (3) TMI 1299 - HC - Indian LawsRight to Information Act - whether information with the Public Service Commission [PSC] cannot be accessed under the RTI Act and that the answer scripts, marks awarded, including interview marks and other details touching the process of examination and interview cannot be made available, except to the extent provisions are made for such access by the regulations and decisions of the PSC – Held that:- Section 22 of the RTI Act provides that the provisions of that Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than that Act. Such statutory provision having been made by the legislature, within its competence, it cannot be watered down or modified except by recourse to legislative procedures. Therefore do not find way to accept the contention of the PSC in this regard. Another plea of PSC is nothing but a managerial issue. It is pointed out that the PSC has to incur the huge expenses and administrative difficulties, including the deployment of staff exclusively to deal with such requests and this would result in undue hardship and clogging of its administrative setup. Once a piece of law is in place, inconvenience is no excuse to exclude adherence to it. The bounden has to obey and abide by it. This plea of PSC also does not commend acceptance. In the result, the decisions impugned by the PSC are upheld except to the extent they relate to information destroyed in terms of the provisions of the rules enabling destruction of records by PSC. The impugned orders and the orders sought to be enforced, through a couple of writ petitions by persons who have sought information, would stand regulated by what is stated herein. Further enforcement of those orders, including by invoking the penal provisions shall be only in strict conformity with what is stated herein. In view of the fact that the question of applicability of the RTI Act to PSC was being considered in this bunch of matters, orders imposing penalty, if any, are set aside and the PSC will have the statutory time, to comply with the directions of the SIC, running from today. The writ petitions are ordered accordingly. No costs.
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