The appellant in his appeal to this Commission has stated that he has been dismissed from service on allegation of submission of fake education documents, and now the department is reluctant to share the record on basis of which the decision is taken. This Commission observes that the appellant has the right to access those documents/information on basis of which the department has dismissed him from the service.
The Respondent in its response dated January 27, 2022 stated that “the information which is sort by the individual pertains to other employees as he is not entitled to such information”, this Commission maintains that the appellant in his information request dated November 05, 2021 has not requested any record relating to the personal privacy of any individual.
The public body in its response also stated that identical nature cases are sub judice before Islamabad High Court. This Commission holds that information can not be exempted from its disclosure only on the basis that any identical nature case is sub judice before any Court. It is a fundamental right of every citizen to have access to public record on basis of which he/she can defend himself/herself in any court.
The Commission also expresses concerns over the non-serious behaviour of the Respondent, as despite committing multiple times the provision of the information to the appellant during the hearings held in Pakistan Information Commission, the public body is reluctant to provide the requested information to the appellant.
This Commission allowed the Appeal and directed the Director General, National Commission for Human Development is directed to provide the requested information to the Appellant with intimation to this office, at the earliest, but in any case, not later than 10 working days of the receipt of this Order.