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        Case ID :

        2015 (2) TMI 643 - Commission - Indian Laws

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        CPIO not penalized for providing incorrect info in RTI response despite misuse of position allegations. The Commission dismissed penal action against the CPIO despite allegations of providing incorrect information in response to an RTI application regarding ...
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                                CPIO not penalized for providing incorrect info in RTI response despite misuse of position allegations.

                                The Commission dismissed penal action against the CPIO despite allegations of providing incorrect information in response to an RTI application regarding a meeting on 20-12-2012. The Complainant accused the officer of misuse of position and making false statements to justify actions. The Commission recommended addressing the Complainant's concerns to the relevant official for further action.




                                Issues: Allegation of incorrect information provided by CPIO in response to RTI application; Discrepancy in information regarding a meeting's existence on 20-12-2012; Allegations of misuse of position and false statements by an officer.

                                Allegation of Incorrect Information:
                                The complaint involved an RTI application seeking specific information regarding a meeting on 20-12-2012. The CPIO initially responded that no records were available for the meeting but later modified the response, stating that a meeting had indeed taken place. The Complainant alleged that the modified response was incorrect and misleading, aimed at shielding an officer. The Complainant presented letters suggesting misuse of position by the officer and false statements made to justify extended stays and official meetings. The Complainant argued that the CPIO's response was factually incorrect, portraying a meeting as a formal one when it was merely a courtesy call.

                                Discrepancy in Meeting Information:
                                The Complainant contested the existence of a formal meeting on 20-12-2012, highlighting that it was a courtesy call rather than an official meeting as claimed by the CPIO and the officer. The Complainant provided evidence through letters indicating that the officer misrepresented the nature of the meeting and made false statements to justify actions. The Complainant also accused another official of protecting the officer in question. Additionally, an Office Memorandum was cited, suggesting that the officer's official travels were under scrutiny, leading to directives for prior approval of tours.

                                Misuse of Position and False Statements:
                                The Complainant alleged that the officer in question misused his position by undertaking personal journeys under the guise of official tours. Documents presented by the Complainant indicated discrepancies in the officer's statements regarding meetings and extended stays. The Complainant sought appropriate action based on the alleged misuse of position and false representations made by the officer. The CPIO maintained that the information provided was factual and correct based on records, leading to the dismissal of penal action. The Commission decided not to penalize the CPIO but recommended bringing the Complainant's concerns to the attention of the relevant official for further action.
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                                ActsIncome Tax
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