Point of Law: Attempt to resolve the conflict and disharmony between these aspects is evident in exceptions and conditions on access to information set out in sections 8 to 11 of Act.

JUDGMENT :

MURALI PURUSHOTHAMAN, J.

1. Since common issues arise for consideration in these writ petitions, they were heard together and are disposed of by this common judgment. The petitioner in W.P. (C) No. 18529/2022 is referred to as ‘applicant’ in this judgment for the sake of convenience. The documents are relied on as they appear in W.P. (C) No. 19962/2022.

2. The applicant is a government employee and the office bearer of a service organisation. He made Ext.P2 application dated 24.5.2021 under the Right to Information Act, 2005 (for short ‘the Act’) before the Public Information Officer, Office of the Chief Secretary, Government of Kerala requesting for a copy of the report submitted by the committee appointed by the Government to review Contributory Pension Scheme. The application was received by the State Public Information Officer, General Administration (Strictly Confidential) Department [for short ‘SPIO, GAD (SC)’] on 27.05.2021. The SPIO, GAD (SC) transferred the said application to the State Public Information Officer of the Finance Department [SPIO, (FD)] in terms of section 6(3) of Act with intimation to the applicant, since the matter was concerning the Finance Department. The SPIO, (FD), vide Ext.P4 letter, informed the applicant that steps are being taken by the Government to examine the report submitted by the Committee to review Contributory Pension in detail and to take a policy decision in the matter and the applicant will be provided with a copy of the same when a decision is taken in the matter and as and when the applicant requests for the same.

3. The applicant had, in the meantime, filed an appeal under the Act before the appellate authority of the SPIO, GAD (SC) stating that he had not received any reply from the SPIO, GAD (SC) on his application. The appellate authority of the SPIO, GAD (SC), by Ext.P5, informed the applicant that, his application was already transferred to the Finance Department and the grievance, if any, of the applicant must be raised before the appellate authority in the Finance Department. The applicant did not prefer any appeal before the appellate authority in the Finance Department. He filed an appeal before the State Information Commission, Kerala (‘the Commission’ for brevity) contending that he has not received any information on his application submitted before the SPIO, GAD (SC). The Commission issued notice to the SPIO, GAD (SC), the appellate authority, GAD (SC) and SPIO, (FD). The appellate authority, GAD (SC) as well the SPIO, (FD) filed report before the Commission stating that Ext.P2 application was considered by the SPIO, (FD) and a reply was given.

4. The Commission, by Ext.P8 order, disposed of the appeal preferred by the applicant directing SPIO, GAD (SC) to provide the copy of the report submitted by the committee appointed by the Government to review Contributory Pension Scheme to the applicant through registered post within ten days from the date of receipt of copy of the order. Later, the Commission issued Ext.P9 correction order and directed the SPIO, (FD) to provide the copy of the said report. The operative portion of Ext.P8 order, translated and produced in the writ petition reads as under:

“(4) The appeal petitioner at the time of hearing stated that, what he has required is about a public official document and the report was submitted after obtaining the opinion of the Government Employees and associations. They have no objection in taking a policy decision. In fact the content of the report affects the coming generation and the employees which comes to about 5,00,000/- persons and the information required by the petitioner is having public importance and hence the parties who are affected by the same is having a right to know about the content of the report. The 1st opposite party stated at the time of hearing that, it was informed by the Finance Department that the document is secretive one and since the same is submitted before the Government, the re