Wednesday, February 22, 2012

Re: [rti4empowerment] RTI Act - Government Circular

Dear Anand

Your post is very confusing.
I fail to see the logic of how/why Chief Secretary is a public
authority based on your facts.
Please amplify.

Sarbajit
On 2/22/12, Anand Acf <acfanand@gmail.com> wrote:
> Long before when KK Mishra earlier Chief Secretary of Karnataka and
> Ex. Chief Information Commission of Karnataka was arguing with me that
> CS is not a Public Authority.
>
> But My made an application under section 4(4) supply of the copy of
> the su-motu published as per section 4(1)(b) of the Act.
>
> Then out going CS Vatsala Vatsa issued copy of the 4(1)(b) stating
> that ACR of all IAS, IPS and IFS with them.
>
> Hence Public Authority.
>
> On 2/17/12, Sarbajit Roy <sroy.mb@gmail.com> wrote:
>> Hi
>>
>> Under 2(h) the Secretary of your CS is essentially saying that he is
>> not covered under RTI, ie. your CS is not covered under definition of
>> "public authority".
>>
>> You wanted to know if you can question "any" CS. The answer is you can
>> question "some" CSes.
>> ie. only those which ARE included within 2(h)'s 4 cases. (usually
>> 2(h)(d)).
>> There are conflicting High Court decisions on this.
>>
>> The Secretary of a CS has the right power to issue circulars TO ITS
>> MEMBERS. These are usually issued under the Societies Act / Rues and
>> can always be overturned by the General Body at a GBM if you have the
>> numbers..
>>
>> Sarbajit
>>
>> On 2/17/12, shailmala kumari <shailmala1@yahoo.co.in> wrote:
>>> Dear Members,
>>>
>>> I have one question from the members regarding the Government Circular.
>>>
>>> What is a Government Circular? Who has the authority to issue Circulars
>>> OR
>>> what is the position (designation) of the particular official issuing the
>>> Circular?
>>>
>>> If I ask question through RTI Act to any Cooperative Society, does the
>>> Secretary of the Cooperative Society has right to issue a circular and
>>> deny
>>> any
>>> information under Section 2H of the RTI Act?
>>>
>>> Any information regarding this would be highly appreciated.
>>>
>>> Thanks,
>>> Shailmala
>>>
>>
>
>
> --
> Anand S.
> Coordinator, Anti Corruption Forum
> Bangalore 560 085.
> Cell No. +91-87928-91066
>

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