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Thread: Wealth of IAS is covered under RTI

  1. #1

    Wealth of IAS is covered under RTI


    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
    https://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


    Last edited by sidmis; 11-06-08 at 06:59 PM.

  2. #2

    Re: Wealth of IAS is covered under RTI


    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 .

  3. #3

    Re: Wealth of IAS is covered under RTI


    Very Much True.

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

  4. #4

    Re: Wealth of IAS is covered under RTI



    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.

  5. #5

    Re: Wealth of IAS is covered under RTI


    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.

  6. #6

    Re: Wealth of IAS is covered under RTI


    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.

  7. #7
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    Re: Wealth of IAS is covered under RTI


    Quote Originally Posted by taurus View Post
    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:

    https://www.rtiindia.org/forum/4194-c...y-returns.html

  8. #8

    Re: Wealth of IAS is covered under RTI


    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.

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