Right2Information

Right to Information – Master key to good governance

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

Posted by rtiact2005 on July 31, 2006

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.

Advertisements

36 Responses to “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”

  1. rtiact2005 said

    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.”

    E-KAVI alleged that a person who “lies” to the High Court of Karnataka“cannot be called a person of eminence in public life” as envisaged by the RTI Act as a qualification for the post.

    Misra, when contacted in Bangalore, said: “This is news to me. I didn’t know these issues had been raised. I would like to comment only after seeing the representation.”

    Misra could well say in his defence that, within 10 days of the High Court verdict, the Supreme Court passed a stay on his prosecution. The appeal filed by Misra is still pending before the apex court.

    The NGO also questioned the wisdom of appointing a recently retired chief secretary as the chief information commissioner of the state.

    Since the information that is sought could relate to the period when he was himself chief secretary, Misra cannot be, it said, “considered independent enough to be the final appellate authority” under the RTI Act. The NGO contended that Misra cannot “legally or morally” decide such disputes.

    BOX

    RI Fee structure

    In the run-up to the enforcement of the Right to Information Act, the Centre has notified a fee structure for any information that is sought under the law after it comes into effect on October 12.

    Every request for information will have to be accompanied by an application fee of Rs 10.

    Once the request is accepted, the applicant will have to pay Rs 2 for every page of information.

    If the applicant asks for any samples or models, he will have to pay the actual cost or price.

    For inspection of records, no charge for the first hour but a fee of Rs 5 for every 15 minutes thereafter.

    A flat charge of Rs 50 for information provided in a floppy.

  2. LegalTechie said

    Blogged it:
    http://legaltechie.wordpress.com/2008/04/23/demand-for-removal-of-sic-kkm/

  3. H.BASAVARAJ said

    If the allegations are primafacie true, it is better to remove him from the post in the larger interest of public and judicial standards.

  4. You need to take part in a contest for one of the best websites
    on the net. I most certainly will recommend this web site!

  5. Hi to every body, it’s my first pay a visit of this weblog; this website carries awesome and truly fine stuff in favor of readers.

  6. If some one desires expert view regarding running a blog
    then i advise him/her to pay a visit this website, Keep up the fastidious work.

  7. Edna said

    Hey! This is kind of off topic but I need some help from an established blog.
    Is it very difficult to set up your own blog? I’m not very techincal but I can figure things out pretty fast. I’m thinking about making
    my own but I’m not sure where to start. Do you have any tips or suggestions? Thanks

  8. Leon said

    Hello! I just wanted to ask if you ever have any trouble with hackers?

    My last blog (wordpress) was hacked and I ended up losing a few months
    of hard work due to no backup. Do you have any methods to
    stop hackers?

  9. Jina said

    Thank you for sharing your thoughts. I truly appreciate your efforts and I will be waiting for your next write
    ups thanks once again.

  10. Marlene said

    I really like it when people get together and share views.
    Great website, keep it up!

  11. Hello to every single one, it’s genuinely a nice for me to visit this site, it consists of priceless Information.

  12. Let’s have a look at few of the things which will help you. Don’t
    think you need an expensive camera and equipment
    setup either. There are more important things to consider when deciding if
    you will pay more for a camera.

  13. Karry said

    That’s like Houston Texas being without a Country station. This means that everyone in the whole wide world can access this new kind of radio and you are assured that the programs as well as the list of radio stations you are listening to are all automatically updated. You will need an outside antenna to get clear reception on your radio.

  14. Junior said

    Hi there, I wish for to subscribe for this weblog to get latest updates, therefore where can i
    do it please help.

  15. If it is lower the Studio365 will tell you and let you know that it will not sound well.
    These gadgets also have USB ports where you can also connect any device you have.
    The banner ad may be placed on the same page listeners go to when
    they want to listen to the station on-line.

  16. Though the levels look really simple, they are actually quite challenging.
    By obtaining increasingly more favour using their company people in your
    social settings, the more handle you will need to
    acquire what you would like, and thru The particular Coalition Game you have
    just about the most effective tips for hypnotherapy that gives you the
    talent to ensure that you influence other folks.
    The nature of Reddit’s platform makes it possible — through great and creative effort, it appears — to give users a gift of the unexpected, rather than deriving humor from humiliation.

  17. Jessica said

    Both drugs have also been denied FDA approval the first time around and are awaiting news on their second
    attempt. For many working to lose weight, one failure is enough to get
    them off the path to success. Now, the average healthy amount
    people are supposed to lose is 2 pounds per week.

  18. Harley said

    Hi there all, here every one is sharing these kinds of familiarity, therefore it’s pleasant to read this website, and I used to go to see this webpage every day.

  19. Stella said

    Hey there! I could have sworn I’ve been to this website before but after checking through some of the post I realized it’s new to me.

    Anyhow, I’m definitely happy I found it and I’ll be
    bookmarking and checking back frequently!

  20. Hello Dear, are you actually visiting this site regularly, if so after that you will definitely get fastidious knowledge.

  21. Maude said

    Hey, I think your site might be having browser compatibility issues.
    When I look at your blog in Ie, it looks fine but when opening in Internet Explorer, it
    has some overlapping. I just wanted to give you a quick heads up!
    Other then that, wonderful blog!

  22. If you desire to grow your experience only keep visiting this site and
    be updated with the newest gossip posted here.

  23. It does appear, however, that hypnosis can help a person achieve his or her weight loss goals.
    Authorities inside the area will need to have an intensive understanding of laboratory and labeling techniques, infection
    security precautions, appropriate blood attract approaches to
    the elderly and for infants and even more.
    Now, the average healthy amount people are supposed to lose is 2 pounds
    per week.

  24. Fantastic goods from you, man. I have understand your stuff previous to and yoou aree just extremely
    wonderful. I actually like what you’ve acquired here, certainly like what you are stating
    and the way in which you say it. You make it entertaining and you still care for to keep it
    wise. I can not wait to read far more from you. This is actually
    a wonderful site.

  25. supreme garcinia cambogia said

    President Obama and AG Holder have admitted as
    much in their comments after the Decision was handed down.
    Some people even now have their bad ingesting practices, leading to
    their bodies to scarcely lose any body weight with this extract.

    Whatever the case may be, the key to a healthy weight and lifestyle is eating nutritious meals and exercise.

  26. güçlü bir, anlamlı ve başarılı artırılması
    yöntemi üzerinde koruma derecesi, ağ ve çalışanları veya sizin için, bu bir basit erişim
    için bilgi sunucularınızda yapmadan dünyanın her yerinden onları savunmasız saldırmak için.
    Bağlı Kuruluşları alan tabanlı VPN’lerin komisyonları, deneyimi.

    sanal bir toplumun tam olarak nerede ilişkileri, kiralık hatlar.

  27. Really when someone doesn’t be aware of afterward its up to other users that they will help, so here it takes place.

  28. It’s genuinely very complicated in this active
    life to listen news on Television, thus I only use the web for that
    purpose, and get the latest information.

  29. What’s up to all, how is all, I think every one is getting more from
    this site, and your views are nice in favor of new visitors.

  30. Excellent way of telling, and fastidious paragraph
    to take data on the topic of my presentation subject, which i am
    going to present in academy.

  31. You really make it seem so easy with your presentation but I find this matter to be really something which I
    think I would never understand. It seems too complicated and extremely
    broad for me. I’m looking forward for your next post, I’ll
    try to get the hang of it!

  32. It’s remarkable to pay a visit this site and
    reading the views of all colleagues on the topic of this piece of writing, while I am also zealous of getting knowledge.

  33. This website was… how do I say it? Relevant!!
    Finally I have found something which helped me. Thanks!

  34. Johnathan said

    I’ll immediately grasp your rss as I can’t to find your
    e-mail subscription link or e-newsletter service. Do you have any?
    Please let me recognize so that I may just subscribe. Thanks.

  35. Now I am going to do my breakfast, once having my breakfast
    coming over again to read further news.

  36. Besonders beliebt ist die Möglichkeit mit dem iPad die
    elektronischen Ausgaben von Tageszeitungen und Magazinen an jedem
    beliebigen Ort abzurufen.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

 
%d bloggers like this: