Re: [HumJanenge] IAS officer fined Rs 27K for holding back information

It is more important to know whether the information has been given or not than to discuss the quantum of penlty.  If by refusing the infn. an scam worth crores is being covered, the amount of penalty is immaterial for the PIO etc.

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From: Dwarakanath <dwarakanathdm@gmail.com>
To: humjanenge@googlegroups.com
Cc: Rina Mahindra <rina17@gmail.com>; sudhakar hegde <sudhakarhegde733@gmail.com>; lalita_c <lalita_c@indiatimes.com>; surisureshsuri23 <surisureshsuri23@yahoo.com>; Dhyan - <dhyan40@hotmail.com>
Sent: Monday, 10 October 2011 9:45 PM
Subject: Re: [HumJanenge] IAS officer fined Rs 27K for holding back information

Frinds, The SIC Karnataka fining an IAs officer, is richly deserved for his negligence of Law.  It is not that the Gulbara Dc may have been also an IAS Officer and might have arbitrarily ignored the SIC communications.   The implication is the DC is not ignored the SIC but ignoring the Law for which he might have taken an Oath to abide by The constitution and the Laws of the Land.

At this juncture, I would like to reproduced Secgtion 175 Indian Penal Code : " Omission to produce document to public servant by person (section 11 of IPC) legally bund to produce it"- Whoever, being legally bound to produce or deliver up any document to any public servant, as such, ingtentionally omits so to produce or deliver up the same, shall be punished with simple imprisonment for a term which may extent to one month or with fine which may extend to five hundred rupees, or with both. xxxx   xxx"

Section 176: - Omission to give notice or information to public servant by person legally bound to give it:- Whoever, being legally bound to give any notice or to furnish information on any subject to any public servant, as such, intentially omits to give such notice or to furnish such information in the manner and at the time required by Law, shall be punished with simple imprisonment for a term which may exgtend to one month, or with fine which may extend to five hundred rupees, or with both xxx                xxxxx   ":

 It would be very judicial to examine whether in addition to the specific provisions in the RTI Act, whether the "public Servant" defined u/s 21 IPC can take action  under any of the provisions of Secgtion 175 or 176 of IPC against the erring person (defined u/s 11 if IPC (which is inclusive definition).    I would be delighted to have a resoned decision in this regard.   In adition I have come across a few officers of IAS who are ignoring  providing  information to applicants under RTI for their own reasons.   It would be interesting to find out whether the SIC will treat  these IAS Officers the same way as the Deputy Commissioner of Gulbarga.  Regards. dwarakanathdm

On Sat, Oct 8, 2011 at 9:57 PM, Anand acf <acfanand@gmail.com> wrote:

How can a PIO can be penalized for Rs. 27,000?

IAS officer fined Rs 27K for holding back information

Bangalore Mirror

The State Information Commission (SIC) has fined an IAS officer Rs 27000
for sitting on a Right to Information (RTI) application and not providing
answers even after two years. This is the first such fine in the state. The
officer in the dock is the ...

http://www.bangaloremirror.com/index.aspx?page=article&sectid=10&contentid=2011100820111008070555146753e37cb

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Anand S.
Coordinator, Anti Corruption Forum
Bangalore 560 085.
Cell No. +91-98450-39699