Saturday, December 25, 2010

Court employee fined for not providing info under RTI Act

Court employee fined for not providing info under RTI Act

TNN, Dec 25, 2010, 06.00 am IST

LUCKNOW: In an important decision, the Information Commission has slapped a fine of Rs 25,000 on Mohammed Ishtiaq, assistant registrar of the Allahabad High Court, for his failure to part with information sought under the Right to Information (RTI) Act.

A decision to this effect was given by information commissioner Virendra Saxena while hearing a petition filed by Ajay Kumar Poiya, a former MLA, with regard to corruption charges against Bhagwan Singh, additional chief judicial magistrate (IV), during his posting in Mathura.

Poiya pleaded that he had not been provided any information even after a clear-cut order issued to this effect by the commission. The commission, which had heard the matter on October 22, 2010, had directed Mohammed Ishtiaq to furnish the information sought by the petitioner within 40 days. The matter was also taken up for hearing on November 26, 2010, at the request of Mohammed Ishtiaq.

But despite seeking a date, he did not provide the requisite information even after 40 days, ending on November 2, 2010.

Taking strong exception to this, information commissioner Virendra Saxena slapped a fine of Rs 25,000 on Istiaq. While fixing the next hearing date for the matter on January 24, 2011, Saxena, in his order, observed that the order would come in force with retrospective effect from April 22, 2010, and the fine would be recovered from the salary of Mohammed Ishtiaq at the rate of Rs 250 up to a maximum of Rs 25,000.

He further said that a strong disciplinary action would be recommended against him under proceedings of the RTI Act, if he failed to submit the action-taken report to the commission on its order during the next hearing.



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The RTI Act was passed by the Lok Sabha (Lower House) on 11 May 2005, by the Raj Sabha (Upper House) on 12 May 2005 and received Presidential assent on 15 June 2005. Parts of the Act came into force upon Presidential assent, but the Act came fully into force on 12 October 2005, 120 days after Presidential assent.

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