The Civil Judge's Representation and the RTI Application
A civil judge (junior division) submits a six-page representation to the Chief Justice's office complaining of adverse remarks made by the district judge in an inspection note and requesting a transfer out of the district. On the same day the High Court's Public Information Officer receives an application under the Right to Information Act, 2005 seeking (a) a copy of that representation, (b) the inspection note, and (c) the status of the officer's pending transfer file. Separately, a litigant who lost a civil case in that court writes to the Registrar asking that the representation be placed on the judicial side and that the judge be restrained from hearing any of his matters. The office maintains confidential 'A' files, a judicial side and an administrative side, and control over subordinate courts flows from Article 235 of the Constitution. The RTI reply is due 30 days from receipt.
1. Route the representation: which article, which authority, and why not the judicial side?
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Article 235. Control over district courts and courts subordinate to them vests in the High Court - posting, promotion, leave, and disciplinary matters. That control is exercised on the administrative side: by the Chief Justice, the Administrative Committee and, where the rules require, the Full Court.
Routing.
- Do not number it as a petition and do not list it before a bench. A representation is not a case; placing it on the judicial side would let any litigant influence a service matter by filing a letter.
- Register it in the confidential 'A' file series with a separate note sheet, and put it up to the Registrar (General) for the orders of the Chief Justice, who will refer it to the Administrative Committee if transfer is sought.
- Call for the district judge's remarks, if needed, through the Registrar's office, give the judicial officer a chance to reply, and only then record a view.
- Inform the officer that the representation is under consideration. Communicate nothing to the district judge that could be read as a direction about the officer's work.
Why it matters. Mixing the two sides would compromise both the officer's career and the litigant's case before that officer.
2. Process the RTI application item by item: what can be disclosed, what may be exempt, and what procedure must be followed?
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Item (a) - the representation. Personal information about an employee: Section 8(1)(j). Disclosure is not automatic. Consider the public interest override, then follow Section 11: written notice to the judicial officer within five days of receiving the request, his submission within ten days, and a decision within thirty days.
Item (b) - the inspection note. Part of the service record, prepared in confidence for administrative action: normally exempt under Sections 8(1)(j) and frequently 8(1)(e). Withhold, but give reasons; a bare 'third-party information' formula will not survive the first appeal.
Item (c) - pendency status. Disclose the fact that a representation is pending and the file reference, if the file itself is not privileged. No personal details, no medical or family information, no contents of the note.
Procedure and timeline. Reply within thirty days from receipt; state the exemption clause relied on; state the first appellate authority and the right of second appeal to the Information Commission; record the outgoing number and keep a copy. If the PIO is also the custodian of the file, keep the two roles separate on paper.
3. The litigant's letter: what should the office do with it?
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A letter from a litigant cannot be converted into a petition, and even a properly filed PIL does not let him choose the judge.
- Acknowledge in writing with a reference number; do not place the letter on any judicial file.
- If he files a writ petition or a PIL, it goes through the PIL cell for the Chief Justice's order on listing, subject to the roster and the PIL guidelines.
- Tell him plainly that relief against a judicial order lies in appeal or revision, not in an administrative complaint about the judge, and that no authority can restrain a judge from hearing a matter in the manner suggested.
- If the letter contains allegations against the judge, treat it as a complaint and route it to the Registrar (General) for the Chief Justice's administrative consideration. Do not forward it to the district judge or to the opposite party.
- Keep the judicial and administrative sides physically separate. A note from the administrative file placed in the case record would compromise the judge's impartiality and the litigant's case at the same time.