I could not understand how this can be sustainable unless the IAS
Officer want to scare Dr.Shivram. Following is extract of Section 17
of the All India Services (Conduct5)Rules 1968:
x x x
17. Vindication of acts and character of members of the Service:
No member of the Service shall, except with the previous
sanction of the Government have recourse to any court or to the press
for the vindication of official act which has been the subject matter
of adverse criticism or attach of a defamatory character.
"Provided that if no such sanction is conveyed to by the
Government within 12 weeks from the date of receipt of the request,
the member of the Service shall be free to assume that the sanction
sought for has been granted to him.
Explanation:- Nothing in this rule shall be deemed to prohibit a
member of the Service from vindicating his private character or any
act done by him in his private capacity. Provided that he shall
submit a report to the Government regarding such action.
X x x
If Dr.Shivram is smart enough the IAS Officer has caught a
tartar. There are innumerable provisions in the Conduct Rules by
which the IAS Officer can also be booked easily. Let us watch
--- In [email protected], Vikram Simha <[EMAIL PROTECTED]>
wrote:
>
> The Chief Secretary GOK in an Unprecedentend Move and without Much
Thoughts Has Permitted a Proposal of an IAS officer Mr D S Ashwath
Presently the Commissioner AH & Veterinary Services Bangalore To
Prosecute One Dr. K shivaram Retd Asst director of AH &VS from
Bangalore to file a defamation Suit against him Under Rule 17 of IAS
Conduct Rules in his Letter No DPAR183 SAS 2006 dated 06/05/2008 .
> The Only Thing that Dr K shivaram did was to make an Request for
information for Certified Copies under RTI Act seeking infromation
(1) Services Particulars &(2) Assets &Liabilities Statements for the
year 1996 & 2006 Submitted and Held by the Govt .
> The IAS officer whose APRs and Service particulars Sought by the
citizen have been objected to by the IAS officer it is not in Public
Interest , at it is only in Private Interest and with an intention to
tarnish the personal image and reputation . The IAS officer has also
requested that the Information should not be furnished to citizen
vide his letter of 23.04.2008
> Further the Chief Secrretary GOK in his reply dt 12.5.08to KIC Case
No 515/com/2008 has confirmed this fact of his permitting the IAS
officer to file a defamation suit against the Information seeker for
making False allegations , as the Citizen has not substantiated the
public purpose being srved in disclosing the third party information
sought .
> This is virtually an Intimidation and a clever move to Undermine
the RTI Act through which Citizens seeking Transpearncy and
Accoubtability seek the APRs of Officers and employees of the Govt to
Know , analyse , study and audit how certain Govt servants have
ammassed wealth disproprtinate to their Known Sources of Income .
> Our Mahithi Hakku Adayayana Kendra denouces this Grant of
Permission by the CS to GOK as also this Trend of Senior IAS officer
to Checkmate Citizens Fundamental Rights , without Goining to the
Actual Facts whether a citizen has committed such acts which
constitue Defamation by merely seeking APRs and Service Records under
his Right to Information .
> We also are demanding that the CS has to Substantiate Action how he
arrived that an act of Tarnishing Image has been Committed by the
citizen bY seeking Records from Govt .
> It will also be not out of context to inform that the Process
Enumarated under Sec 11 of RTI Act has not been carried out by the
PIO & FAA and there is no Material record that impunged False
allegations are made .
>
> N vikramsimha , KRIA Katte & Trustee MHAK, #12 Sumeru Sir M N
Krishna Rao Road , Basvangudi < Bangalore 560004.
>
>
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>
