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


The Hon’ble Governor,



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



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.


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


    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.


    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:

  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.

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