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Thread: When PIO gives wrong and incomplete information

  1. #9
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    Col NR Kurup (Retd)
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    Re: When PIO gives wrong and incomplete information


    <TABLE width="95&#37;" border=0><TBODY><TR><TD>Given below is Section 177 of the Indian Penal code dealing with offences relating to public servants. I don 't think one can file an FIR. I have been bringing such cases to the notice of the superior authorities including Ministers. Ultimately such complaints are brushed aside with evasive disposals. When I found that no action is seen taken, I have used RTI Act and asked the Action taken report to the Collector. The case is still in progress.</TD></TR><TR></TR></TBODY></TABLE>
    <CENTER><TABLE width="95%" border=0><TBODY><TR></TR></TBODY></TABLE></CENTER><CENTER><TABLE width="95%" border=0><TBODY><TR></TR></TBODY></TABLE></CENTER><CENTER><TABLE width="95%" border=0><TBODY><TR></TR></TBODY></TABLE></CENTER><CENTER><TABLE width="95%" border=0><TBODY><TR></TR></TBODY></TABLE></CENTER><CENTER><TABLE width="95%" border=0><TBODY><TR></TR></TBODY></TABLE></CENTER><CENTER><TABLE width="95%" border=0><TBODY><TR></TR></TBODY></TABLE></CENTER><CENTER><TABLE width="95%" border=0><TBODY><TR></TR></TBODY></TABLE></CENTER><CENTER><TABLE width="95%" border=0><TBODY><TR><TD width="100%">Section 177. Furnishing false information

    Whoever, being legally bound to furnish information on any subject to any public servant, as such, furnishes, as true, information on the subject which he knows or has reason to believe to be false, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both;

    Or, if the information which he is legally bound to give respects the commission of an offence, or is required for the purpose of preventing the commission of an offence, or in order to the apprehension of an offender, with imprisonment of either description for a term which may extend to two years, or with fine, or with both


    I request some of our learned Advocates in our forum to come out with the right solution.
    </TD></TR></TBODY></TABLE></CENTER>



  2. #10
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    C J Karira
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    Re: When PIO gives wrong and incomplete information


    Here are another 2 sections of the IPC relevant to the issue under discussion:

    Section 199:
    False statement made in declaration which is by law
    receivable as evidence:- Whoever, in any declaration made or subscribed by
    him, which declaration any Court of Justice, or any public servant or other
    person, is bound or authorized by law to receive as evidence of any fact,
    makes any statement which is false, and which he either knows or believes to
    be false or does not believe to be true, touching any point material to the
    object for which the declaration is made or used, shall be punished in the
    same manner as if he gave false evidence."

    Section 193:
    Punishment for false evidence: - Whoever intentionally gives false
    evidence in any stage of a judicial proceeding, or fabricates false evidence
    for the purpose of being used in any stage of a judicial proceeding, shall
    be punished with imprisonment of either description for a term which may
    extend to seven years, and shall also be liable to fine; And whoever
    intentionally gives or fabricates false evidence in any other case, shall be
    punished with imprisonment of either description for a term which may extend
    to three years, and shall also be liable to fine."

    I think Section 199 can be applied if the information submitted is incorrect or false or misleading.
    Section 193 can be applied if the PIO or AA submit (orally or in writing) something blatantly false in front of CIC or SIC since both have the status of civil court.

    But, I think better to wait till some learned advocate/lawyer comments.

  3. #11

    Re: When PIO gives wrong and incomplete information


    Hi Everybody,

    I asked a rule framing body AICTE for some information with regard to the selection process and got the bland reply in the form of rules already in circulation. Are the PIOs bound to supply the rules or directives if someone asks for how they are to interpreted as the languge used in the rules sometimes is vague and can be used in either way.
    Please someone may elaborate.

  4. #12

    Re: When PIO gives wrong and incomplete information



    Dear Saroj,
    No dobout the PIO is bound to supply proper information but the most of PIO`s using this tactics to make a person harashed. You may submit first appeal to appellate authority for providing proper information. If after that you are not getting proper information you may submit second appeal to CIC.

  5. #13
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    Re: When PIO gives wrong and incomplete information


    Quote Originally Posted by Valkyre View Post
    Hi Everybody,

    I asked a rule framing body AICTE for some information with regard to the selection process and got the bland reply in the form of rules already in circulation. Are the PIOs bound to supply the rules or directives if someone asks for how they are to interpreted as the languge used in the rules sometimes is vague and can be used in either way.
    Please someone may elaborate.
    Valkyre,

    The PIO has to provide the information you asked for even if it is in the Public Domain (in your case "rules are in circulation"). For example, if you apply for information, the PIO cannot tell you go see it on the Public Authority's website.

    The PIO can give you a copy of the Rules but he is not expected to give you a "interpretaion" or "opinion" on the rules. That is not allowed under the RTI Act.

  6. Re: When PIO gives wrong and incomplete information


    Quote Originally Posted by sngupta View Post
    Dear Saroj,
    No dobout the PIO is bound to supply proper information but the most of PIO`s using this tactics to make a person harashed. You may submit first appeal to appellate authority for providing proper information. If after that you are not getting proper information you may submit second appeal to CIC.
    One PIO furnished false information wrt one query and on receiving that the applicant made a complaint under Section 18 of RTI act to the SIC. But SIC sent it back the complaint to the FAA to be treated as FA. After hearing the PIO agreed that "inadvertently" information was furnished. The point is that the same "false information" was furnished by the same PIO repeatedly .
    Now my question is whether it could have been sent " inadvertently" ? Then one possibility is there -- the PIO is not suitable for this type of work. If it was sent knowingly then the PIO should have been punished.
    As the SIC is very soft and PIO friendly , what should be the next step to be followed.
    It is presumed that the Hon'ble SIC will decide that the PIO had done it "inadvertently". Though it was done at least thrice.
    Last edited by ganpat1956; 18-09-08 at 10:58 PM.

  7. #15

    Re: When PIO gives wrong and incomplete information


    dear sirs.

    if you fire at tiger but bullet hits the tiger on TAIL. naturally tiger will not fall . fire again. again and again till you hit the HEAD. this is the way to hunt the tiger . right ???


    sorry sirs . this was only one example . i am strctly against hunting of tigers.

    my point is if PIO keeps giving u false information . keep firing rti application to him and to his heigher officers . keep making complaints against him and to FAA.

    SOME DAY YOU SURELY WILL HIT THIS PIO ON HIS HEAD.
    LAGE RAHO RTI KE SAATH

  8. #16
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    Col NR Kurup (Retd)
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    Re: When PIO gives wrong and incomplete information


    With the present attitude of the politicians towards RTI Act the PIOs and AAs have gained enough strength to sustain such rapid firing. Following are the extract of replies received from the Secretary to the Hon'ble Chief Minister and a senior District Colletor of Kannur District:

    1. Extract of reply of CMs Office:

    "....But the appellant is filing innumerable petitions and appeals at various levels by misusing the Right to Information Act. He is harrassing the honest government employees alleging corruptions " (This is when everyone refused to take any action on clear case of maladministrtion amounting to corruption expossed with the help of Right to Information Act and the same was brought to the notice of Hon'ble Chief Minister's Public Grievence Redressal Cell)

    2. Extract of reply from the Appellate Authority and District Collector, Kannur Ms. Ishta Roy IAS issud under her own signature:

    ...,,There is nothing more to add to the information already furnished by the PIO vide his..........(This is when she was cornered with request seeking clarification on the contradictory information furnished by the District Collector herself in reply to the RTI request.) When the PIO/AA is struck with no answer this is the style of reply. How can further rapid fire can help ?

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