Wealth of IAS is covered under RTI

[sidmis]

Wealth of IAS is covered under RTI

Reported in Gujarat Global News Network, Ahmedabad, 2008-06-11 15:58:39

In a significant decision the Gujarat Information Commission has
allowed access to annual property returns (APRs) of government
officers to any citizen under the Right to Information (RTI) act.

The ruling came after activist Harinesh Pandya sought details under
the RTI of property of IAS officer Rajiv Gupta. Pandya wanted to know
the details of Gupta's property since he assumed office. He had also
sought to know the source of income for acquiring the property and
whether any of property was sold. The Public Information Officer had
refused to disclose the details on the ground that the information was
available with them in "fiduciary relationship" and there was no
larger public interest warranting disclosure.

Pandya filed appeal before the GAD and the appellate authority too
upheld the PIO's decision. However the GIC noted that CIC's decisions
on property disclosure were to bring transparency. But it directed the
GAD to inform Gupta that the details of his property are being
disclosed and to hear him.

Wealth of IAS is covered under RTI



Here's the text of the GIC's landmark order
http://gic.guj.nic.in/Decisions/Appe...7-8(Order).pdf
--------------------------------------------------------------------------------
Decision / Order.


(1) The non-disclosure of Annual Property Returns of the
officers/employees to the citizens under the Right to Information Act,
2005 under section 8(1)(e) is untenable.
(2) However, having regard to the situation that, the said property returns
may contain some part of personal information, in the present matter,
the respondent No.1 should, within five days from the receipt of this
order give a written notice to the concerned officer whose information
has been sought, that under the directions of this Commission, he
intends to disclose the information and should invite the concerned
officer to make his submissions in writing or orally and the respondent
No.1 shall, in his decision, take into account his submissions. The
respondent No.1 should give his decision within forty days from the
receipt of this order.
(3) As regards information sought as point Nos. (2) & (5) of the appellant’s
application, the respondent No. 1 should provide partial information,
which even under the GAD (RTI Cell)’s Circular dated 14-11-2005 can
be disclosed. Regarding the information, which cannot be provided, as
the Commission has held that section 8(1)(e) would not be applicable,
if the respondent No.1 is of the opinion that any other provision in

[opsharma]

Some of the milestone , bold and most profound decisions have come out of Gujrat Information Commissioner,starting from disclosing of ACRs ,relevent portions and decisions of promotional meetings etc . And if details of aquisition of property by a govt servant ,during service are opened up/revealed under RTI in public interest ,it may check corruption to an extent ,even thugh old game of resorting to Benami deals will continue and flourish .

[sidmis]

Very Much True.

All these Landmark judgements should be compiled in one bunch and circulated among all the SICs and CIC.

[opsharma]

Siddharth,real problem actually starts after that ,with our investigating agencies and judiciary,simply nothing happens,I can quote "n" number of cases from available publc sources/media/govt enquiries for the past two decades involving chief secretaries,DGPs,CBDTs and so on.Till judiciary is also brought under RTI and made open to public wrt administration like HC and SC judges appointment,transfers ,aquisition of personal movable/immovable property and other assets, personal conduct wrt use/misuse of office , nothing much will happen except media TRP tamasha.

[opsharma]

Sh Ganpat1956, can you please tell me,what happened to "edit" function that used to be available till about a week back,to correct/modify individual posts within a certain timespan after "submit". I experienced this embarrasment after making all posts yesterday and today.Major snafu Price Waterhouse methodology post ,this morning.

[taurus]

There is a similar order of the CIC. CIC order no: CIC/OK/A/2007/01493 & CIC/OK/A/2008/00027 DATED 20/03/2008.

[karira]

Originally Posted by taurus

There is a similar order of the CIC. CIC order no: CIC/OK/A/2007/01493 & CIC/OK/A/2008/00027 DATED 20/03/2008.

It is available here alongwith a relevant news report:

CIC Mr. Wajahat Habibullah finally allows access to property returns.........

[opsharma]

Is there any clear cut decision subsequent to split decision of the bench as reported by all papers on 30 May 2008 ? As on today there is no clear cut decision ,only hope is Gujrat IC.

[sngupta]

Actually who asked job in Govt treating now owner of country. they are suppose to disclose at least his wealth. I am very sorry to say this must not be a subject of discussion because who made hurdle in providing property returns must be penalised immediately.
"Transparency and Accountability essentiality of Govt"

[advocate rajesh]

Three cheers for Gujrat Information Commission We relay need such type of bold decision fro other commission 's also. This type of decision's will keep the sprit of the RTI upward. GREAT.

[advocate rajesh]

Sir
If the wealth of a IAS officer is covered under RTi then the property which have been amassed by a village sarpanch during his tenure can also be covered ?