Suspended for acting 'communal', why Kerala IAS officer was reinstated? Govt says info personal

Mail This Article
The state government has refused to divulge information on reinstating Kerala IAS officer K Gopalakrishnan, who was suspended for creating WhatsApp groups on communal lines. In reply to the RTI application filed by Onmanorama seeking information on statement of defence filed by K Gopalakrishnan and minutes of the suspension review committee, the General Administration Department (GAD) has denied information saying that it is personal information.
The reply given by Abhilash D S, under secretary and public information officer, also cites an office memorandum issued by the Union Ministry of Personnel, Public Grievances and Pensions on the basis of a Supreme Court judgement in the case of Girish R Deshpande vs CIC (Chief Information Commissioner). This case quoted by the GAD dates back to 2008 when an applicant sought details from the Regional Provident Fund commissioner on an enforcement officer. The queries were related to appointment order, promotion letter, salary details, assets, investment, movable and immovable properties, claims of TA and the like.
When the matter came up in the SC, the court ruled that the performance of an employee/officer in an organization is primarily a matter between the employee and the employer and normally those aspects are governed by the service rules which fall under the expression "personal information", the disclosure of which has no relationship to any public activity or public interest. The Supreme Court, however, added "Of course, in a given case, if the Central Public Information Officer or the State Public Information Officer of the Appellate Authority is satisfied that the larger public interest justifies the disclosure of such information, appropriate orders could be passed but the petitioner cannot claim those details as a matter of right".
The office memorandum cited by the GAD in denying information also highlights the point that the SC further held that such information could be disclosed only if it would serve a larger public interest.
The order issued by the Chief Secretary on November 11, 2024 suspending K Gopalakrishnan cites that the Government, prima facie, is of the view that the WhatsApp Group created by Gopalakrishnan was intended to foment division, sow disunity and break the solidarity within the cadres of the All India Services in the state. It was also prima facie found to be creating communal formations and alignments within the cadres of the All India Services in the state.
The order, which was made available in the public domain, also quoted the probe report by police based on a complaint filed by Gopalakrishnan alleging that the WhatsApp group was created, and contacts were added without his consent by hacking his device. The State Police Chief forwarded a report received from the Inspector General and Commissioner of Police, Thiruvananthapuram City, which stated that, on inquiry, it was revealed that there was no evidence indicating that the device was hacked as claimed by Gopalakrishnan. It was also revealed that repeated factory reset of the mobile phone was done by the officer himself before submitting his phones for forensic examination. The police and the government however did not press any action against Gopalakrishnan although the probe report indicated that the officer had tried to mislead the police.
The RTI reply doesn't mention the Section of the Act to explain how the suspension of an IAS officer who acted on communal lines did not involve public interest and why the information about the recommendation of committee to reinstate him can be denied citing personal information. Onmanorama also sought information on extension of suspension of another IAS officer N Prasanth and it was denied on the same ground. The government extended the suspension of Prasanth recently. He was suspended following insinuating comments against Additional Chief Secretary Dr A Jayathilak which again was made on social media platform and commanded public interest.