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Archive for the ‘Karnataka RTI’ Category

KRIA,
President KIC,
KANNADA,

Online Petition in Kannada against Amendment to Karnataka RTI Act 2005

Posted by rtiact2005 on May 19, 2008

Online Petition in Kannada against Amendment to Karnataka RTI Act 2005

http://www.petitiononline.com/kmhk2008/ (Kannada)

http://www.petitiononline.com/krti2008/ (English)

http://www.hindu.com/2008/05/10/stories/2008051056860300.htm (My online campaign)

http://www.hindu.com/2008/04/20/stories/2008042057940100.htm

http://www.deccanherald.com/Content/May62008/editpage2008050666567.asp

http://www.thehindu.com/2008/04/14/stories/2008041454550600.htm

http://www.hindu.com/2008/05/19/stories/2008051953620600.htm

http://www.deccanherald.com/Content/Apr172008/state2008041763173.asp

http://www.hindu.com/2008/05/10/stories/2008051057300300.htm

http://www.petitiononline.com/savertia/ (National RTI)

The signatures and optional comments may be please made either in English or Kannada or both.

Regards,
Tanveer
Syed Tanveeruddin

Posted in Karnataka RTI, RTI Activists, RTI Campgain | 12 Comments »

“SMS CAMPAIGN – RULE 14″ and SAVE RTI Act in INDIA.

Posted by rtiact2005 on April 22, 2008

Request to all Citizens of INDIA to ACT on this  ” SMS CAMPAIGN – RULE 14 ” and SAVE RTI Act in INDIA.

Let us show the all BUREAUCRATS that Citizens of INDIA means Business.

IT’S OUR RIGHT. An inalienable right has been conferred on citizens.

`Right to Information Act will empower common people’

The legislative intent is clear; we are entitled to know how our money is spent. The onus is on us to make the Act work.

In effect, therefore, the right conferred on the citizen is an exhaustive one. It allows him to assess and examine every government decision, to study the reasons recorded by the government for taking a particular step, and to utilise information so gathered to ensure that government acts in a transparent and just manner.

Indeed, the preamble to the Act puts it well when it says, “democracy requires an informed citizenry and transparency of information” and adds these “are vital to its functioning and also to contain corruption and to hold Governments and their instrumentalities accountable to the governed”.

SMS message to send is:

SIC KKM sir,
“Your Malafides proved in amending RTI rules — We demand your resignation to ensure Supremacy of Democracy”


______________________________ ______________________________ ______________________________ ______________

Karnataka State Information Commissioner for Right to Information Act is   Mr. K. K. Mishra.

The mobile numbers for KKM are:

1.   9448291111 ,
2.    9844491100

Please SMS the above message to SIC KKM.

Please tell your friends to do the same. Send this to as many as possible. So that we can put presurre on SIC  KKM.

______________________________ ______________________________ ______________________________ __________

THERE ARE SEVERAL REASONS for this ” SMS CAMPAIGN- RULE 14 “

Please go through the following Statements:

A. On March 15th 2008, In Raichur, SIC K K Mishra as per Hindu article,

RTI Act is fine, says Misra .
Raichur: The former Chief Secretary and State Chief Information Commissioner K.K. Misra has said that there was no need to bring any amendment to the Right to Information Act (2005).
Mr. Misra was here on Friday to attend to some pending cases related to the Act.
He said the Act had been formulated with an intention to streamline the administration and protect the interest of the public.

______________________________

______________________________ ______________________________ ___

B. On April 19th 2008 meeting with RTI Activists SIC K K Mishra told them that he did not know anything about the Ammended Rule 14 of the RTI Rules , which Empowers an PIO to limit replying to RTI Request for only one first Question , if the RTI Request is covering two are more Subjects and is worder beyond 150 Words .

______________________________ ______________________________ ______________________________ ______

C. As per Hindu article dated APRIL 20, 2008, says RTI: new rule restricts quantum of information.

It looks like SIC K K Mishra was responsible to bring about chnages to RTI Act 2005 in Karnataka State. Please read the article below. URL is provided. Thanks to RTI Activist Mr. Y. G. Muralidhran from CREAT to explain these things clearly to Hindu paper, other press people and to general Public.
BANGALORE: It has come to light that the Karnataka Information Commission (KIC) recommended that the State Government amend the Karnataka Right to Information (RTI) Rules 2005 to restrict the quantum of information sought in a single application.
This was discovered by Y.G. Muralidharan, consumer rights activist and founder of Consumer Rights Education and Awareness Trust (CREAT), who evoked the RTI Act only to receive this startling piece of information.
“Having grown in a culture of secrecy, the tendency to find reasons for denying information to the citizens is not surprising. But one never expected that the KIC would advise the Government to take the drastic step of amending the rules, which cuts the roots of citizens’ right to information,” Mr. Muralidharan told The Hindu.
______________________________ ______________________________ ______________________________ _______


” KKM Malafidely has given misleading statement that RTI does not need any Ammendement and KKM became instrumental in Ammending the RTI rules to curtail citizens right, as such KKM has become tainted, hence KKM need to resign honorably to ensure supremacy of democracy “

______________________________ ______________________________ ______________________________ ___________

There are other reasons also why SIC KKM need to RESIGN. Please go through the following.

D. on May 3, 2005 the Karnataka State High Court directed that a complaint of perjury be filed against Misra for “knowingly withholding important facts and documents from the Hon’ble High Court of Karnataka and making false statements in the affidavits filed in this Court.”

______________________________ ______________________________ _________________

The above events shows the CHARACTER and INTEGRITY of K K Mishra.
Also KKM’s appointment as SIC is allready in question since 2005.
With all these things how can KKM continue as SIC of GoK ???
How did GoK appointed K K MIshra as the SIC of GoK with all the baggage.
______________________________ ______________________________ ______________________________ _______________________________
Now it is very clear that Shri.K. K. Mishra is:
ž       Not a person having Eminence In Public Life, hence not qualified to the office of the State Chief Information Commissioner.
ž       Prima facie held to be involved in an offence involving moral turpitude, by Hon’ble High Court of Karnataka, which as good as conviction.
ž       Has acquired such financial or other interest as is likely to affect prejudicially his functions as the State Chief Information Commissioner or a State Information Commissioner.
______________________________ ______________________________ ______________________________ ______________________________ _______
Please read this SC ruling:
Any officer whose integrity is doubtful should not be promoted to a sensitive post.
—————————————————————————————–
Supreme court Orders Transfer Of UP Chief Secretary within 7 days
Just recently Supreme Court of INDIA has given a ruling that a tainted person should not be occupying a SENSITIVE and RESPONSIBLE POST in the State of UP.
SCIC is such a Sensitive and Responsible post.
————————————————————————–
SC tells UP govt to shift Neera Yadav

http://www.ndtv.com/topstories /showtopstory.asp?id=17905 &frmsrch=1&txtsrch=Chief +Secretary+of+UP <http://www.ndtv.com/topstories /showtopstory.asp?id=17905 &frmsrch=1&txtsrch=Chief +Secretary+of+UP>
NDTV Correspondent
Thursday, October 6, 2005 (New Delhi):
The Supreme Court has directed the Uttar Pradesh government to shift controversial official Neera Yadav from the post of Chief Secretary within seven days.
______________________________ ______________________________ ______________________________ _______________
KK Mishra’s has lost his Integrity as per High Court Order of Karnataka State //

KK Mishra is a TAINTED PERSON // TAINTED PERSON can’t be occupying Sensitive and Responsible post. //
KK Mishra was sworn on Saturday 30/7/2005, BEFORE the retirement date of 31/07/2005. This as per records available from GoK. //
This looks like BOGUS APPOINTMENT of KK Mishra to the post of SIC of Karnataka State.
This was done by then CM Dharm Singh, Opposition Leader Yeddiyurappa and then Information Minister Shivaram.
All these THREE people need to be questioned now.

______________________________ ______________________________ ______________________________ _________________

Please read this article.
First RTI appointment runs into trouble
Wednesday September 21 2005 00:00 IST
TOP STORIES
Sep 21, 2005
NEW DELHI: Even before the Right to Information Act has come into force, the very first and so far the only appointment made under it has provoked a controversy.
Karnataka is the first state to have appointed its chief information commissioner as part of the independent appellate machinery that is required to be in place by October 12 in the states as well as the Centre.
But questions are already being raised on the appointment of the commissioner by the Dharam Singh Government: K K Misra was appointed on July 30 immediately after his retirement as chief secretary of Karnataka.
A local NGO, Ella Kannada Vedike International (E-KAVI), called upon the state Governor to suspend Misra immediately and initiate the process of his removal from office.
Reason: Barely four months ago, the Karnataka High Court passed strictures on Misra in the PIL related to the Rs 2,250 crore Bangalore-Mysore Infrastructure Corridor Project.
The irony is, in its judgment delivered on May 3, the High Court directed that a complaint of perjury be filed against Misra for “knowingly withholding important facts and documents from the Hon’ble High Court of Karnataka and making false statements in the affidavits filed in this Court.”
______________________________ ______________________________ ______________________________ _____________________

All of this shows that SIC K K Mishra is a person without CHARACTER and INTEGRITY.
HENCE, EKAVI had written to Governor of Karnataka State in 2005.

______________________________ ______________________________ ______________________________ ___________________


Demand For Removal of Shri.KK Misra, Karnataka State Chief Information Commissioner under Section 17 (3) (b) & 17 (3) (e) of the Right To Information Act-2005.

Demand For Removal of Shri.KK Misra, Karnataka State Chief Information Commissioner under Section 17 (3) (b) & 17 (3) (e) of the Right To Information Act-2005

Sunday, September 18, 2005
To,
The Hon’ble Governor,
Karnataka.
Sub: Demand For Removal of Shri.KK Misra, Karnataka State Chief Information Commissioner under Section 17 (3) (b) & 17 (3) (e) of the Right To Information Act-2005
Sir,
We wish to bring following acts of omissions during implementation of the Right To Information Act-2005 by Government Of Karnataka:
1. Section 15 of the Right To Information Act-2005 stipulates a minimum qualification for a candidate who shall be appointed as State Chief Information Commissioner, which are as under:
” The State Chief Information Commissioner and the State Information Commissioners shall be Persons Of Eminence In Public Life with wide knowledge and experience in Law, Science And Technology, Social Service, Management, Journalism, Mass Media Or Administration And Governance.”
2. We understand that that Mr.KK Misra who has been appointed as State Chief Information Commissioner vide notification number DPAR 77 RTI 2005 Bangalore Dated 30th July 2005, does not have the required qualifications for appointment as State Chief Information Commissioner.
3. The basic qualification required is of “Eminence In Public Life”. Government of Karnataka has been directed by Hon’ble High Court of Karnataka to File criminal cases against Shri.KK Misra and prosecute him as under:
ž Under Sec. 340 of Cr.PC for “Knowingly Withholding Important Facts And Documents from the Hon’ble High Court of Karnataka and Making False Statements In The Affidavits Filed In This Court” in the Rs 2,250 Crores Bangalore Mysore Infrastructure Corridor Project Case.
ž On charges of ” Perjury And Withholding “ documents in the Rs 2,250 Crores Bangalore Mysore Infrastructure Corridor Project Case. Hon’ble High Court of Karnataka also directed the Registrar General to file a complaint in this regard under section 388 Cr.PC.
4. A person who Lies And Cheats to Hon’ble High Court of Karnataka as above cannot be called as a Person Of Eminence In Public Life.
5. Shri.KK Misra’s appointment seems to have been made fraudulently violating the stipulated norms as laid down under section 15 of the Right To Information Act-2005, which are as follows:
ž There is no documentary proof in public knowledge that, a meeting of the committee formed for the appointment of State Chief Information Commissioner was held. Hence it seems only minutes were drawn
ž In view of the circumstantial evidence in above Para it can be deduced that List of eligible candidates for appointment as State Chief Information Commissioner was never prepared.
ž Speaker of the Karnataka Legislative Assembly and Chairman of the Karnataka Legislative Council were never consulted while appointing Shri.KK Misra as State Chief Information Commissioner, which is the normal practice in any appointments made by government to important positions.
6. It appears that Shri.KK Misra has appointed himself as State Chief Information Commissioner by abusing his position of Chief Secretary to Government of Karnataka. It is very brazen attempt to misuse his official capacity as he retired on 31st July 2005 and Appointed as State Chief Information Commissioner on the same day i.e. 31st July 2005
7. A bureaucrat who presided over the state govt administration till recently cannot be considered independent enough to be the final apex appellate authority under the Right To Information Act. There would be disputes regarding requisitioning of information elicited from government functionaries when he was the chief secretary. He cannot legally/morally decide these disputes now as the information commissioner.
8. This principle is followed scrupulously by the judiciary. Judges do not hear cases where any person who was their client while their practicing law figures in, or if there is anyone closely related, closely connected etc involved. The matter is passed on to other judges.
9. Here we have only one chief information commissioner. Even if we presume that such matters will be passed on to the information commissioners, it must be noted that they are subordinate to the chief info commissioner who continues to be the boss and final arbitrator of the decision being dished out by the commission. So we cannot have such a person as State Chief Information Commissioner.
10. His continuation in the post will seriously jeopardize / violate people’s fundamental right to information which has been upheld as an integral part of article 13 (1) of the constitution of India.
11. From all above submissions it becomes clear that Shri.KK Misra is prima facie held to be involved in an offence involving moral turpitude, that too by Hon’ble High Court of Karnataka. This as good as conviction, for an institution as important as State Chief Information Commissioner, whose duty is to set up practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority.
12. From all above submissions it also becomes clear that Shri.KK Misra has developed Other interest as is likely to affect prejudicially his functions as the State Chief Information Commissioner or a State Information Commissioner.
13. Now it is very clear that Shri.KK Misra is:
ž Not a person having Eminence In Public Life, hence not qualified to the office of the State Chief Information Commissioner.
ž Prima facie held to be involved in an offence involving moral turpitude, by Hon’ble High Court of Karnataka, which as good as conviction.
ž Has acquired such financial or other interest as is likely to affect prejudicially his functions as the State Chief Information Commissioner or a State Information Commissioner.
14. Hence we request you utilise the powers vested in your office and your discretion to act under following Sections of the Right To Information Act-2005 and REMOVE KK MISRA FROM THE POSITION OF STATE CHIEF INFORMATION COMMISSIONER IMEADIATLY To Save Sanctity Of New Born Right To Information Act-2005 for charges summarized in Para number 13:
Section 17 (3): Notwithstanding anything contained in sub-section (1), the Governor may by order remove from office the State Chief Information Commissioner or a State Information Commissioner if a State Chief Information Commissioner or a State Information Commissioner, as the case may be,—
Section 17 (3) (b): Has been convicted of an offence which, in the opinion of the Governor, involves moral turpitude; or
Section 17 (3) (e): Has acquired such financial or other interest as is likely to affect prejudicially his functions as the State Chief Information Commissioner or a State Information Commissioner.15. The whole nation is anxiously awaiting your action in this regard. The success or failure of the Right To Information Act-2005 depends upon your quick and rightful action.
Yours Truly,
Copy to:
1. The Hon’ble President of India.
2. The Hon’ble Prime Minister of India.
3. The Hon’ble Chief Minister Of Karnataka.
4. The Hon’ble Dy Chief Minister Of Karnataka.
5. Smt.Sonia Gandhi ji, The Chairperson United Progressive Alliance, The Chairperson National Advisory Council, and President, Indian National Congress, New Delhi.
6. Shri.H.D.Devegowda, Former Prime Minister, National President Janata Dal (Secular) & Member of Parliament.
7. Shri.Prakash Karat, General Secretary, CPI (M).
8. Shri.A.B.Bardhan, General Secretary, CPI (I).
9. Shri.L.K.Advani, Leader of Opposition, Loka Sabha.
10. Shri.Jaswant Singh, Leader of Opposition, Rajya Sabha.
11. The Central Vigilance Commissioner, New Delhi.
12. The Loka Ayukta, Karnataka.

______________________________ ___________________________


Posted in Govt. of INDIA, Karnataka RTI, RTI Activists, RTI Campgain | 3 Comments »

Tainted Bureaucrat will allways be Tainted. About Tainted K. K. Mishra-SIC of Karnataka State

Posted by rtiact2005 on April 21, 2008

Date: Sat, 1 Oct 2005 05:13:47 -0700 (PDT)
From: “Venkatappa Kumaraswamy” <vmkumaraswamy@yahoo.com> View Contact Details View Contact Details Add Mobile Alert
Subject: Mother of All Scams, Union Minister Shri Arjun Singh involved in SCIC KKM

To: maja@humanrightsinitiative.org, majadhun@vsnl.com, charmaine@humanrightsinitiative.org, venkatesh@humanrightsinitiative.org, tapasi@humanrightsinitiative.org, sohini@humanrightsinitiative.org, creatorg@sify.com, chriall@nda.vsnl.net.in, ygm_cic@rediffmail.com, charmaine99@hotmail.com, mandakini@humanrightsinitiative.org, kandreaasyan@osieurope.org, manisha@humanrightinitiative.org, jeet@humanrightsinitiative.org

CC: “eKaviUdyoga Samithi” <bhujanga@sancharnet.in>, VMKumaraswamy@yahoo.com

Mother of All Scams:

Union Minister Shri Arjun Singh involved

In appointment of Shri. K. K. Misra,

the Tainted Bureaucrat

As The Karnataka Chief Information Commissioner

An Extract From “AGNI” Kannada Weekly Dated 11th August 2005 From Bangalore

1. Shri.KK Misra has bagged the appointment as Karnataka State Chief Information Commissioner due to a DEAL arranged by FATHER IN LAW.

2. Shri.KK Misra a native of Uttar Pradesh is married to the daughter of Ex Minister of Uttar Pradesh and Congress Member.

3. Shri.KK Misra’s Father in Law is a close friend of Union Minister Shri.Arjun Singh.

4. Union Minister Shri. Arjun Singh has pressurized Shri. Dhram Singh, Chief Minister of Karnataka to appoint Shri. K . K. Misra as Karnataka State Chief Information Commissioner.

  1. There is no evidence of KKM doing any meaningful service to Karnataka.
  2. Nor there is any evidence that he used his wisdom for saving Karnataka from many of the crisis it faced.
  3. Forget about any service to Karnataka KKM has only given embarrassment to GOK.
  4. Getting High Court directive for his prosecution for Filing of false affidavit to High court is the only his crowning blunder.
__________________________
On April 19th 2008 meeting with RTI Activists SIC K K Mishra told them that he did not know anything about the Ammended Rule 14 of the RTI Rules , which Empowers an PIO to limit replying to RTI Request for only one first Question , if the RTI Request is covering two are more Subjects and is worder beyond 150 Words .
_______________________________________
Also on March 15th 2008, In Raichur, SIC K K Mishra as per Hindu article,
RTI Act is fine, says Misra .

Raichur: The former Chief Secretary and State Chief Information Commissioner K.K. Misra has said that there was no need to bring any amendment to the Right to Information Act (2005).

Mr. Misra was here on Friday to attend to some pending cases related to the Act.

He said the Act had been formulated with an intention to streamline the administration and protect the interest of the public.

______________________

As per Hindu article dated APRIL 20, 2008, says RTI: new rule restricts quantum of information.

It looks like SIC K K Mishra was responsible to bring about chnages to RTI Act 2005 in Karnataka State. Please read the article below. URL is provided. Thanks to RTI Activist Mr. Y. G. Muralidhran from CREAT to explain these things clearly to Hindu paper and to general Public.

http://www.hindu.com/2008/04/20/stories/2008042057940100.htm

BANGALORE: It has come to light that the Karnataka Information Commission (KIC) recommended that the State Government amend the Karnataka Right to Information (RTI) Rules 2005 to restrict the quantum of information sought in a single application.

This was discovered by Y.G. Muralidharan, consumer rights activist and founder of Consumer Rights Education and Awareness Trust (CREAT), who evoked the RTI Act only to receive this startling piece of information.

“Having grown in a culture of secrecy, the tendency to find reasons for denying information to the citizens is not surprising. But one never expected that the KIC would advise the Government to take the drastic step of amending the rules, which cuts the roots of citizens’ right to information,” Mr. Muralidharan told The Hindu.

_________________________

These events shows the CHARACTER and INTEGRITY of K K Mishra.

K K Mishra does not have either.

How can he continue as SIC of GoK ???

How did GoK appointed K K MIshra as the SIC of GoK with all the baggage.

__________________________________

Now it is very clear that Shri.K. K. Mishra is:

ž       Not a person having Eminence In Public Life, hence not qualified to the office of the State Chief Information Commissioner.

ž       Prima facie held to be involved in an offence involving moral turpitude, by Hon’ble High Court of Karnataka, which as good as conviction.

ž       Has acquired such financial or other interest as is likely to affect prejudicially his functions as the State Chief Information Commissioner or a State Information Commissioner.

__________________________________

Please read this SC ruling:

Any officer whose integrity is doubtful should not be promoted to a sensitive post.
—————————————————————————————–
Supreme court Orders Transfer Of UP Chief Secretary within 7 days

Just recently Supreme Court of INDIA has given a ruling that a tainted person should not be occupying a SENSITIVE and RESPONSIBLE POST in the State of UP.

SCIC is such a Sensitive and Responsible post.
————————————————————————–
SC tells UP govt to shift Neera Yadav

http://www.ndtv.com/topstories/showtopstory.asp?id=17905&frmsrch=1&txtsrch=Chief+Secretary+of+UP <http://www.ndtv.com/topstories/showtopstory.asp?id=17905&frmsrch=1&txtsrch=Chief+Secretary+of+UP>

NDTV Correspondent

Thursday, October 6, 2005 (New Delhi):

The Supreme Court has directed the Uttar Pradesh government to shift controversial official Neera Yadav from the post of Chief Secretary within seven days.

__________________________

KK Mishra’s has lost his Integrity as per High Court Order of Karnataka State //

KK Mishra is a TAINTED PERSON // TAINTED PERSON can’t be occupying Sensitive and Responsible post. //

KK Mishra was sworn on Saturday 30/7/2005, BEFORE the retirement date of 31/07/2005. This as per records available from GoK. //

This looks like BOGUS APPOINTMENT of KK Mishra to the post of SIC of Karnataka State.

This was done by then CM Dharm Singh, Opposition Leader Yeddiyurappa and then Information Minister Shivaram.
All these THREE people need to be questioned now.

_______________________________________________
Please read this article.

First RTI appointment runs into trouble
Wednesday September 21 2005 00:00 IST

http://www.newindpress.com/NewsItems.asp?ID=IEH20050920123524&Page=H&Title=Top+Stories&Topic=0

TOP STORIES

Sep 21, 2005

NEW DELHI: Even before the Right to Information Act has come into force, the very first and so far the only appointment made under it has provoked a controversy.

Karnataka is the first state to have appointed its chief information commissioner as part of the independent appellate machinery that is required to be in place by October 12 in the states as well as the Centre.

But questions are already being raised on the appointment of the commissioner by the Dharam Singh Government: K K Misra was appointed on July 30 immediately after his retirement as chief secretary of Karnataka.

A local NGO, Ella Kannada Vedike International (E-KAVI), called upon the state Governor to suspend Misra immediately and initiate the process of his removal from office.

Reason: Barely four months ago, the Karnataka High Court passed strictures on Misra in the PIL related to the Rs 2,250 crore Bangalore-Mysore Infrastructure Corridor Project.

The irony is, in its judgment delivered on May 3, the High Court directed that a complaint of perjury be filed against Misra for “knowingly withholding important facts and documents from the Hon’ble High Court of Karnataka and making false statements in the affidavits filed in this Court.”

___________________________________
All of this shows that SIC K K Mishra is a person without CHARACTER and INTEGRITY.
HENCE, EKAVI had written to Governor of Karnataka State in 2005.

Demand For Removal of Shri.KK Misra, Karnataka State Chief Information Commissioner under Section 17 (3) (b) & 17 (3) (e) of the Right To Information Act-2005.

Demand For Removal of Shri.KK Misra, Karnataka State Chief Information Commissioner under Section 17 (3) (b) & 17 (3) (e) of the Right To Information Act-2005

Sunday, September 18, 2005

To,

The Hon’ble Governor,

Karnataka.

Sub: Demand For Removal of Shri.KK Misra, Karnataka State Chief Information Commissioner under Section 17 (3) (b) & 17 (3) (e) of the Right To Information Act-2005

Sir,

We wish to bring following acts of omissions during implementation of the Right To Information Act-2005 by Government Of Karnataka:

1. Section 15 of the Right To Information Act-2005 stipulates a minimum qualification for a candidate who shall be appointed as State Chief Information Commissioner, which are as under:

” The State Chief Information Commissioner and the State Information Commissioners shall be Persons Of Eminence In Public Life with wide knowledge and experience in Law, Science And Technology, Social Service, Management, Journalism, Mass Media Or Administration And Governance.”

2. We understand that that Mr.KK Misra who has been appointed as State Chief Information Commissioner vide notification number DPAR 77 RTI 2005 Bangalore Dated 30th July 2005, does not have the required qualifications for appointment as State Chief Information Commissioner.

3. The basic qualification required is of “Eminence In Public Life”. Government of Karnataka has been directed by Hon’ble High Court of Karnataka to File criminal cases against Shri.KK Misra and prosecute him as under:

ž Under Sec. 340 of Cr.PC for “Knowingly Withholding Important Facts And Documents from the Hon’ble High Court of Karnataka and Making False Statements In The Affidavits Filed In This Court” in the Rs 2,250 Crores Bangalore Mysore Infrastructure Corridor Project Case.

ž On charges of ” Perjury And Withholding “ documents in the Rs 2,250 Crores Bangalore Mysore Infrastructure Corridor Project Case. Hon’ble High Court of Karnataka also directed the Registrar General to file a complaint in this regard under section 388 Cr.PC.

4. A person who Lies And Cheats to Hon’ble High Court of Karnataka as above cannot be called as a Person Of Eminence In Public Life.

5. Shri.KK Misra’s appointment seems to have been made fraudulently violating the stipulated norms as laid down under section 15 of the Right To Information Act-2005, which are as follows:

ž There is no documentary proof in public knowledge that, a meeting of the committee formed for the appointment of State Chief Information Commissioner was held. Hence it seems only minutes were drawn

ž In view of the circumstantial evidence in above Para it can be deduced that List of eligible candidates for appointment as State Chief Information Commissioner was never prepared.

ž Speaker of the Karnataka Legislative Assembly and Chairman of the Karnataka Legislative Council were never consulted while appointing Shri.KK Misra as State Chief Information Commissioner, which is the normal practice in any appointments made by government to important positions.

6. It appears that Shri.KK Misra has appointed himself as State Chief Information Commissioner by abusing his position of Chief Secretary to Government of Karnataka. It is very brazen attempt to misuse his official capacity as he retired on 31st July 2005 and Appointed as State Chief Information Commissioner on the same day i.e. 31st July 2005

7. A bureaucrat who presided over the state govt administration till recently cannot be considered independent enough to be the final apex appellate authority under the Right To Information Act. There would be disputes regarding requisitioning of information elicited from government functionaries when he was the chief secretary. He cannot legally/morally decide these disputes now as the information commissioner.

8. This principle is followed scrupulously by the judiciary. Judges do not hear cases where any person who was their client while their practicing law figures in, or if there is anyone closely related, closely connected etc involved. The matter is passed on to other judges.

9. Here we have only one chief information commissioner. Even if we presume that such matters will be passed on to the information commissioners, it must be noted that they are subordinate to the chief info commissioner who continues to be the boss and final arbitrator of the decision being dished out by the commission. So we cannot have such a person as State Chief Information Commissioner.

10. His continuation in the post will seriously jeopardize / violate people’s fundamental right to information which has been upheld as an integral part of article 13 (1) of the constitution of India.

11. From all above submissions it becomes clear that Shri.KK Misra is prima facie held to be involved in an offence involving moral turpitude, that too by Hon’ble High Court of Karnataka. This as good as conviction, for an institution as important as State Chief Information Commissioner, whose duty is to set up practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority.

12. From all above submissions it also becomes clear that Shri.KK Misra has developed Other interest as is likely to affect prejudicially his functions as the State Chief Information Commissioner or a State Information Commissioner.

13. Now it is very clear that Shri.KK Misra is:

ž Not a person having Eminence In Public Life, hence not qualified to the office of the State Chief Information Commissioner.

ž Prima facie held to be involved in an offence involving moral turpitude, by Hon’ble High Court of Karnataka, which as good as conviction.

ž Has acquired such financial or other interest as is likely to affect prejudicially his functions as the State Chief Information Commissioner or a State Information Commissioner.

14. Hence we request you utilise the powers vested in your office and your discretion to act under following Sections of the Right To Information Act-2005 and REMOVE KK MISRA FROM THE POSITION OF STATE CHIEF INFORMATION COMMISSIONER IMEADIATLY To Save Sanctity Of New Born Right To Information Act-2005 for charges summarized in Para number 13:

Section 17 (3): Notwithstanding anything contained in sub-section (1), the Governor may by order remove from office the State Chief Information Commissioner or a State Information Commissioner if a State Chief Information Commissioner or a State Information Commissioner, as the case may be,—
Section 17 (3) (b): Has been convicted of an offence which, in the opinion of the Governor, involves moral turpitude; or
Section 17 (3) (e): Has acquired such financial or other interest as is likely to affect prejudicially his functions as the State Chief Information Commissioner or a State Information Commissioner.15. The whole nation is anxiously awaiting your action in this regard. The success or failure of the Right To Information Act-2005 depends upon your quick and rightful action.

Yours Truly,

Copy to:

1. The Hon’ble President of India.

2. The Hon’ble Prime Minister of India.

3. The Hon’ble Chief Minister Of Karnataka.

4. The Hon’ble Dy Chief Minister Of Karnataka.

5. Smt.Sonia Gandhi ji, The Chairperson United Progressive Alliance, The Chairperson National Advisory Council, and President, Indian National Congress, New Delhi.

6. Shri.H.D.Devegowda, Former Prime Minister, National President Janata Dal (Secular) & Member of Parliament.

7. Shri.Prakash Karat, General Secretary, CPI (M).

8. Shri.A.B.Bardhan, General Secretary, CPI (I).

9. Shri.L.K.Advani, Leader of Opposition, Loka Sabha.

10. Shri.Jaswant Singh, Leader of Opposition, Rajya Sabha.

11. The Central Vigilance Commissioner, New Delhi.

12. The Loka Ayukta, Karnataka.

__________________________________________________________________________

Posted in Karnataka RTI | 1 Comment »

CAUVERY ROW: LAWYERS POCKET RS. 22 CR.RESULT: BIG ZERO !

Posted by rtiact2005 on June 26, 2007

CAUVERY ROW: LAWYERS POCKET RS. 22 CR.RESULT: BIG ZERO !

CAUVERY ROW: LAWYERS POCKET RS. 22 CR.RESULT: BIG ZERO !

http://www.starofmysore.com/main.asp?type=news&item=13497

* Govt. furnishes incomplete info on Cauvery Tribunal expenditure.

* Full information on Sept. 27.

It may be recalled that Star of Mysore had written twice earlier in the column Abracadabra about the indifferent and even scandalous manner in which Karnataka’s case was handled and also presented at the Tribunal by a set of advocates who seemed to have focused more on their “personal interest” than on the case. We will be reproducing those Abracadabras shortly. —Ed

* Anil Dewan alone got Rs. 9.66 cr. !

* Javali and Katharki together claimed Rs. 6.5 cr.

* Then comes Nariman with Rs. 2 cr.

Dharwad, June 26 (TRD)- An application filed by an activist under the Right To Information (RTI) Act has exposed may vital information regarding the Cauvery Water Dispute.

The Founder-President of Puraskara Forum, Krishna Joshi, had asked the Chief Secretary of the State to furnish him all the details regarding the delegations sent to represent the State; the lawyers’ fees and the total expenditure incurred by the State Government since the formation of the Cauvery Tribunal.

Later a complaint was lodged with the Information Commission on Apr. 12 as the officers had failed to furnish the information within the deadline to Joshi.

In this background, an enquiry was held on June 21 and the Commission has expressed its displeasure as incomplete information was furnished by the Department of Water Resources. It has called for a final enquiry on Sept. 27.

Lawyers’ fee startling

Out of the many questions raised by Krishna Joshi, the junior officers of the Department of Water Resources, on behalf of the Chief Secretary, have given answers for only two questions. Out of these two, one remains to be incomplete.

As per the information furnished by these officers, in the period since 1990-91 to 28.2.2007, the 10 Advocate Generals, who appeared be fore the Tribunal, claimed Rs. 1.34 crore as fees.

During the same period, fees for the 18 lawyers who appeared for the State is Rs. 22.10 crore.

Out of the 18 lawyers, advocate Anil B. Dewan was paid the highest fee of Rs. 9.66 crore and the lowest in the list was Advocate Ashok Mathur, who was paid Rs. 3,000 only.

The fee for the famous advocate Fali S. Nariman, who argued for the State since the beginning, was paid Rs. 2.08 crore.

Similarly the advocates, who represented the State since the formation of the Tribunal, S.S. Javali and Mohan V. Katharki, are paid Rs. 3.77 crore and Rs. 2.75 crore respectively.

The lawyers’ fee paid by the State Government during 2005-06 is Rs. 5.19 crore and this is the highest payment made in a single financial year.

Visits to Bangalore

The number of visits made by the advocates to Bangalore to hold discussions are also available. The details are as follows:

Mohan V. Katharki has visited Bangalore 193 times, S.S. Javali 158 times, Shambhuprasad Singh 138 times, Anil B. Dewan 46 times, Sayyed Naqvi 26 times, Fali S. Nariman 19 times, Brijesh Kalappa 18 times, Ranvir Singh 14 times and Sanjay R. Heggade 7 times.

“The expenditure incurred on lawyers is startling. In spite of this huge expenditure, I feel the Government has utterly fail0ed in presenting its arguments effectively. My concern is that all the details regarding the dispute be made available to the public,” says Krishna Joshi. “I will continue to fight till all the information is available,” he declared.

Having won his case to make the entire proceedings of the Information Commission to be conducted in Kannada, he insists that the Cauvery Tribunal should publish its verdict in Kannada and there should be clarity in the details.

Posted in Karnataka RTI | 5 Comments »

IAS officer’s wife e-attacks ‘corrupt’ bureaucracy

Posted by rtiact2005 on June 26, 2007

IAS officer’s wife e-attacks ‘corrupt’ bureaucracy
Bhargavi Kerur
Tuesday, June 26, 2007 08:17 IST

http://www.dnaindia.com/report.asp?NewsID=1105996

Woman uses website to take on Karnataka babudom after her husband is moved 6 times in 6 months

BANGALORE: A website launched by an IAS officer’s wife in Karnataka that claims to crusade against corrupt bureaucrats has shaken the state’s babudom. JN Jayashree’s site, www.fightcorruption.wikidot.com, details her attempts to secure information through the Right to Information Act (RTI).

Jayashree took recourse to RTI after her husband MN Vijayakumar, who is the managing director of the state-owned Mysore Lamps, was transferred six times between September 2006 and February 2007. Some of his postings lasted only three days. Jayashree said she wanted to unearth the reasons for the ‘harassment’.
Read latest news at DNA

“Failing to get appropriate information, I decided to go public with my campaign,” Jayashree said. She has filed 12 applications under the RTI Act, seeking facts related to the state government’s alleged ‘shielding’ of corrupt officials. “I want to assist people who have knowledge of corrupt practices but are afraid to take these up for various reasons,” Jayashree said.

For his part, Vijayakumar has lodged a compliant against state Chief Secretary PB Mahishi with the state’s anti-corruption ombudsman. Vijayakumar has accused Mahishi of shielding corrupt officers. The ombudsman has ordered Mahishi to respond to the charges by June 27.

When DNA contacted Mahishi, he refused to comment either on the site or on Vijayakumar’s complaint.

Vijayakumar, whose petition is pending, is not talking to the media either.

Although Mahishi has hinted at legal action if the website is not shut down, Jayashree remains unrelenting. “I have launched it as an independent citizen of India,” she said. She has complained to the State Women’s Commission that Mahishi is trying to infringe on her “fundamental right.”

The commission has asked Mahishi to appear before it on July 10. The three-month-old site has drawn appreciation from activists and whistleblowers from across the world. It has even attracted some support from babudom. “If we had more Jayshrees, the system would have been better,” a woman IAS officer has said on the site’s forum.

Posted in Karnataka RTI | 6 Comments »

After politicos, babus put on notice now:Lokayukta, it comes under RTI Act

Posted by rtiact2005 on April 15, 2007

After politicos, babus put on notice now
 
By Bala Chauhan, DH News Service, Bangalore:
Lokayukta says that it is not just the elected representatives but also the bureaucrats who are duty-bound to declare their assets.
 

After going full blast against politicians who have failed to give timely or complete information on their assets and liabilities, the Lokayukta has trained its guns on the babus.

Lokayukta Justice Santosh Hegde told Deccan Herald that it is not just the elected representatives but also the bureaucrats, who are duty-bound to declare their assets.

“After assuming charge in August last year, I met the bureaucrats at Vidhana Soudha and asked them to file their assets and liabilities (A&L) before their heads of department, since this information can no longer be considered ‘private’ under the Right to Information Act,” said Justice Hegde.

“But only three officers — Jamdar, Anup Pujari and V P Baligar — have submitted the details. There’s a provision under their service rules that they need to file details of their A&L. I’ll have to check how many of them have done it so far,” he said.

Regarding serving ‘reminders’ on defaulting politicians, Justice Hegde said he thought it was “advisable to issue reminder notices to them on filing complete forms rather than give an ultimatum.”

‘Grace period’

“These were not statutory notices. We sent reminders to those politicians who had not filed a complete statement of assets and liabilities under Section 22 of the Lokayukta Act.

“As per this section, the elected representatives must also file A&L details pertaining to their dependent family members, in the prescribed format of Form Number 4, by June 30. They’ve been given a grace period of 60 days after which they can be prosecuted under Section 176, IPC,” Justice Hegde said.

Mens rea

“I could have chargesheeted them but Section 176 also stipulates that we ascertain mens rea (intention to commit an offence). Therefore, I thought it advisable to issue a reminder to them. We’ve given them time till April 21 to submit complete forms after which I’ll proceed against them.” he said.

Meanwhile, Chief Minister H D Kumaraswamy has said he will not interfere if the Lokayukta takes action against defaulting politicians.

http://www.deccanherald.com/deccanherald/apr152007/state2335442007414.asp

Posted in Karnataka RTI | 1 Comment »

POWER POINT PRESENTATION ON RTI FOR TRAINING

Posted by rtiact2005 on October 1, 2006

 Sri. C.N. Kumar  & Self  had given a presentation on RTI to the students of  Bangalore University, I  herewith attach the Power Point Presentaion prepared for training on RTI for the benefit of all RTI Activists.

This is a public document. If our enlightened members of the board can modify in a more presentable manner, pl. go ahead and post  the same for the benefit of all.

Thanking you,

With regards,

Anil

RTI_TRG_PPP.ppt RTI_TRG_PPP.ppt (422k) Scan and Save to Computer Save to Yahoo! Briefcase

Posted in Karnataka RTI | 1 Comment »

Mother of All Scams, Union Minister Shri Arjun Singh involved in SCIC KKM

Posted by rtiact2005 on September 11, 2006

Date:     Sat, 1 Oct 2005 05:13:47 -0700 (PDT)
From:    “Venkatappa Kumaraswamy” <vmkumaraswamy@yahoo.com>  View Contact Details View Contact Details   Add Mobile Alert
Subject:    Mother of All Scams, Union Minister Shri Arjun Singh involved in SCIC KKM

To:    maja@humanrightsinitiative.org, majadhun@vsnl.com, charmaine@humanrightsinitiative.org, venkatesh@humanrightsinitiative.org, tapasi@humanrightsinitiative.org, sohini@humanrightsinitiative.org, creatorg@sify.com, chriall@nda.vsnl.net.in, ygm_cic@rediffmail.com, charmaine99@hotmail.com, mandakini@humanrightsinitiative.org, kandreaasyan@osieurope.org, manisha@humanrightinitiative.org, jeet@humanrightsinitiative.org

CC:    “eKaviUdyoga Samithi” <bhujanga@sancharnet.in>, VMKumaraswamy@yahoo.com

 

 

Mother of All Scams:

Union Minister Shri Arjun Singh involved

 In appointment of Shri. K. K. Misra,

the Tainted Bureaucrat

As The Karnataka Chief Information Commissioner

An Extract From “AGNI” Kannada Weekly Dated 11th August 2005 From Bangalore

 

1.     Shri.KK Misra has bagged the appointment as Karnataka State Chief Information Commissioner due to a DEAL arranged by FATHER IN LAW.

2.     Shri.KK Misra a native of Uttar Pradesh is married to the daughter of Ex Minister of Uttar Pradesh and Congress Member.

3.     Shri.KK Misra’s Father in Law is a close friend of Union Minister Shri.Arjun Singh.

4.     Union Minister Shri. Arjun Singh has pressurized Shri. Dhram Singh, Chief Minister of Karnataka to appoint Shri. K . K. Misra as Karnataka State Chief Information Commissioner.

  1. There is no evidence of KKM doing any meaningful service to Karnataka.
  2. Nor there is any evidence that he used his wisdom for saving Karnataka from many of the crisis it faced.
  3. Forget about any service to Karnataka KKM has only given embarrassment to GOK.
  4. Getting High Court directive for his prosecution for Filing of false affidavit to High court is the only his crowning blunder.

END OF REPORT

Posted in Karnataka RTI | 1 Comment »

KIC: Babus denying info even to information panel

Posted by rtiact2005 on August 22, 2006

Babus denying info even to information panel
By Mathang Seshagiri/TNN


Bangalore: Forget the public, babus in the state are denying information even to the Karnataka Information Commission (KIC)!
   In gross violations of provisions of the Right to Information Act 2005, several departments including the chief minister’s secretariat and governor’s secretariat have not sent reports to the commission on the implementation of the Act and amount collected by each public authority under their control.


   Though state chief information commissioner K K Misra sent separate letters to 51 secretaries in various departments on June 6 to give details on the number of applications received, the amount collected from the public and particulars of disciplinary action against officers under the RTI, just two departments — planning and statistics and public grievances — furnished the necessary details.


   With the babus reluctant to disclose information, the public will never know how many state departments have implemented the Act, number of applications received by public authorities and what action has been taken against officials denying information under the Act.
   As per section 25 of the RTI Act 2005, the Karnataka Information Commission wrote letters to all departments asking them to send monthly reports. After several secretaries wrote back saying that monitoring and reporting was a time-consuming task, the commission directed the departments to send quarterly reports. But ten months after the Act has come into effect, just two departments have supplied information.


“At this rate, it would be almost impossible to come out with the annual report. It is the duty of every department to collect information from all public authorities under their jurisdiction and send us a report. Some like the co-operation department, have posed own problems saying that it was difficult for them to collate information from over one lakh cooperative societies in the state,” Misra told The Times of India. The problem is similar with the education department where every primary and secondary school is declared as public authority. Ditto with RDPR, which has to first collect the information from every gram panchayat (there are over 5,600 GPs) and then send a consolidated report to the KIC.


Meanwhile, the Centre for Civil Society has taken up the task of preparing the annual report of the Central Information Commission to be tabled in Parliament.

What public authority has to report
—————————————————–

* Number of applications received

* Number of decisions where applicants were not entitled for information

* Number of appeals referred to the CIC or KIC 

* Details of disciplinary action taken against any officer in respect of the administration of the Act

*  Amount collected from the applicants 

* Recommendations for reforms in the RTI Act

Posted in Karnataka RTI | Leave a Comment »

e-GOVERNANCE:: alongside the public grievance module, an ‘E-gov RTI’ module

Posted by rtiact2005 on August 15, 2006

e-GOVERNANCE
BMP’s revamped website launched
 
DH News Service Banagalore:

http://www.deccanherald.com/deccanherald/aug152006/city2043292006814.asp

The Bangalore Mahanagara Palike’s all-new website is here, on time, as promised. The revamped website was uplinked on Monday evening and is accessible at www.bmponline.org

The new look is the work of the eGovernments Foundation – a not-for-profit trust working on municipal e-governance. The BMP has called for the general public’s responses to the revamped site.

The citizens will may also look forward to the much hyped public grievance module promising real-time monitoring of complaints from the public. It is slated to be uplinked on September 15. The revamped site has provided easy access to all the forms and applications of the BMP. Be it forms and applications of the tender process or birth certificates all of them are being made available in PDF format which may be downloaded or printed by the general public.

It is learnt that alongside the public grievance module, an ‘E-gov RTI’ module (for forms and applications regarding Right to Information Act) is also being worked out. The applications and responses to information sought under RTI Act can also be monitored on a real-time basis, sources said.

Posted in Karnataka RTI | 1 Comment »

 
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