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Maharashtra CIC orders enquiry under Commission of Enquiries Act for false information

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jps50

On 09-07-2014, CIC of Maharashtra State Information Commission has ordered enquiry under Commission of Enquiries Act for supplying false information and destroying information. This appears to be first of its kind of enquiry ordered under RTI Act. The case relates to RTI filed by wife of ACP Ashok Kamte, who was killed in 26/11 attack in Mumbai.

 

Please visit Information panel asks Maharashtra government to probe false info on police officer Ashok Kamte?s death - The Economic Times

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callcenjobs

Please see attached a copy of the order given by the honorable state information commissioner.

 

This order is truly a landmark order in many regards.

 

Most of it is in the marathi language however several parts are in english.

???. ?????-2014_??????-44_02 -Final-HQ-Comp.pdf

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akhilesh yadav

[h=1]Govt to challenge CIC order against Mumbai top cop[/h]

[h=1][/h]CIC does not have any powers to order a judicial probe: Govt.

The state government has decided to challenge Chief Information Commissioner Ratnakar Gaikwad's order earlier this month to institute a judicial probe against Police Commissioner Rakesh Maria for providing misleading information to the widow of a police officer gunned down by Pakistani terrorists in the November 2008 attacks.

 

Read at: Govt to challenge CIC order against Mumbai top cop - Mumbai Mirror

 

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callcenjobs

Dear Members,

 

The rti act is very clear about the powers of Information Commissioner.

 

Powers and functions of the Information Commissions, appeal and penalties

 

18 (1) Subject to the provisions of this Act, it shall be the duty of the Central Information Commission or State Information Commission, as the case may be, to receive and inquire into a complaint from any person,—

(a) who has been unable to submit a request to a Central Public Information Officer or State Public Information Officer, as the case may be, either by reason that no such officer has been appointed under this Act, or because the Central Assistant Public Information Officer or State Assistant Public Information Officer, as the case may be, has refused to accept his or her application for information or appeal under this Act for forwarding the same to the Central Public Information Officer or State Public Information Officer or senior officer specified in sub-section (1) of section 19 or the Central Information Commission or the State Information Commission, as the case may be;

(b) who has been refused access to any information requested under this Act;

© who has not been given a response to a request for information or access to information within the time limit specified under this Act;

(d) who has been required to pay an amount of fee which he or she considers unreasonable;

(e) who believes that he or she has been given incomplete, misleading or false information under this Act; and

 

(f) in respect of any other matter relating to requesting or obtaining access to records under this Act.

(2)

Where the Central Information Commission or State Information Commission, as the case may be, is satisfied that there are reasonable grounds to inquire into the matter, it may initiate an inquiry in respect thereof.

 

(3) The Central Information Commission or State Information Commission, as the case may be, shall, while inquiring into any matter under this section, have the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely:—

(a)

summoning and enforcing the attendance of persons and compel them to give oral or written evidence on oath and to produce the documents or things;

 

(b) requiring the discovery and inspection of documents;

© receiving evidence on affidavit;

(d) requisitioning any public record or copies thereof from any court or office;

(e)

issuing summons for examination of witnesses or documents; and

 

(f) any other matter which may be prescribed.

 

 

 

 

AND WHEREAS.

Section 167 in The Indian Penal Code

167. Public servant framing an incorrect document with intent to cause injury.—Whoever, being a public servant, and being, as 1[such public servant, charged with the preparation or translation of any document or electronic record, frames, prepares or translates that document or electronic record] in a manner which he knows or believes to be incorrect, intending thereby to cause or knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

 

 

 

It is important to understand that section 167 is very clear and unambiguous.

 

there were three versions of the same call records that were documented. hence the honorable SIC was well within his limits as a commissioner having the powers of a civil court to order an inquiry as per the commission of inquiries act. it is a very brave move for an information commissioner.

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MANOJ B. PATEL

MUMBAI: On a Maharashtra Government plea, the Bombay High Court has stayed an order of Chief Information Commissioner asking the state to hold an inquiry into the call data records of telephonic talks between police control room and wireless set of slain IPS officer Ashok Kamte during the 26/11 terror attacks.

 

Read more at:

High Court stays order on probe into 26/11 call records of slain cop - The Economic Times

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