Irrespective of the merits of the communication of the Appellant with the President, IIU being ‘request for information’ under the Act 2017, the instant Appeal has highlighted the utter disregard of both the Rector and the President, IIU for transparency and citizens’ right of access to information in matters of public importance. This can be gauged from the fact that access to the requested ‘enquiry report’ should have already been published on its web site as required under Section 5 of the Act 2017 which came into effect in October 2017.
It demonstrates that the powers vested in both the Rector and the President, IIU are not being exercised “reasonably, fairly, justly, and for the advancement of the purposes of the enactment” as required under Section24A (1) of the General Clauses Act 1897.
This commission has already held through its different Orders that information pertaining to finalised enquiry reports is public information. As such, this information is not only to be provided to citizens when requested but public bodies are obligated to proactively publish through their web sites all finalised enquiry reports as required under Section 5 (1) (i) of the Act.