Introduction: The Public Information Officer (PIO) faces a moral and ethical dilemma. He must choose between disclosing potentially incriminating information that could lead to disciplinary action or withholding it to protect himself and his colleagues. As per the Right to Information (RTI) Act, 2005, the primary objective is to ensure transparency and accountability in governance.

Legal and Ethical Duty: The RTI Act mandates that information should be disclosed unless it is exempt under Sections 8 or 9 of the Act. In this scenario, the information does not seem to fall under the exemption categories (such as national security, privacy, etc.). Therefore, the PIO is legally bound to disclose the information.

Advice:

1. Uphold the Rule of Law: The PIO should adhere to the principles of transparency and accountability. Disclosure of accurate information, even if it is detrimental, is crucial for upholding the rule of law and maintaining public trust in governance. Failure to do so would not only be a violation of the RTI Act but also of the ethical standards expected of public servants.
2. Self-Reflection and Correction: The PIO should reflect on the mistakes made and consider this as an opportunity for rectification. Transparency can lead to institutional learning, which may help prevent similar errors in the future. A recent example of this is the Andhra Pradesh government’s disclosure of information under RTI regarding faulty decisions in the implementation of welfare schemes. Despite the potential backlash, the disclosure helped in corrective action and improved governance.
3. Protecting Institutional Integrity: While the fear of disciplinary action is valid, withholding or partially disclosing information could lead to more severe consequences in the long run, including loss of credibility and trust in the institution. The example of the CBI’s full disclosure in the infamous INX Media case under RTI reflects the importance of maintaining institutional integrity even when facing potential repercussions.

Conclusion: The PIO should disclose the information fully and truthfully. This not only aligns with the legal obligations under the RTI Act but also upholds ethical standards of public service. While the decision may lead to immediate consequences, it will reinforce the principles of transparency, accountability, and integrity, which are the cornerstones of a responsible and responsive governance system.