Right2Information

Right to Information – Master key to good governance

“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.

______________________________ ___________________________


3 Responses to ““SMS CAMPAIGN – RULE 14” and SAVE RTI Act in INDIA.”

  1. LegalTechie said

    Blogged it:
    http://legaltechie.wordpress.com/2008/04/23/sms-campaign-rule-14-and-save-rti-act-in-india/

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