Bangalore Mirror:Friday, December 23, 2011.
While rhetoric on transparency is reaching a crescendo across India, it’s an anti-climax of sorts in the state. Accessing assets and liabilities of babus is near impossible here, even if one were to use the Right To Information (RTI) Act.
It is an anomaly which has left RTI and anti-corruption activists flummoxed. Although information on the wealth of an MLA or MP can be easily obtained through an RTI application, information on assets and liabilities of bureaucrats and top police officials continues to remain a closely-guarded secret.
A High Court of Karnataka order prevents the state government from revealing details of assets owned by bureaucrats or IPS officers without his or her consent. As a result, RTI applications, which flood the Department of Personnel and Administrative Reforms seeking information on this matter, are, on most occasions, turned down.
It is an anomaly which has left RTI and anti-corruption activists flummoxed. Although information on the wealth of an MLA or MP can be easily obtained through an RTI application, information on assets and liabilities of bureaucrats and top police officials continues to remain a closely-guarded secret.
A High Court of Karnataka order prevents the state government from revealing details of assets owned by bureaucrats or IPS officers without his or her consent. As a result, RTI applications, which flood the Department of Personnel and Administrative Reforms seeking information on this matter, are, on most occasions, turned down.
Just as politicians are required to submit details of their assets to the Lokayukta, government servants (IAS/IPS officers) are required to submit details of their movable and immovable property to the chief secretary. Every year, the home ministry and the Department of Personnel and Training publishes the immovable property returns (IPR) submitted by IAS and IPS officers across the country. But a few days ago, the home ministry revealed that as many as 48 IPS officers from Kar-nataka were yet to submit IPRs.
“Several applications either come directly to us or are forwarded by the Karnataka State Information Commission,” a senior official from Department of Personnel and Administrative Reforms (DPAR) which maintains assets details of IAS/IPS officers, told Bangalore Mirror. “But we cannot give out this information as the case is still pending before the HC.”
The Karnataka Information Commission, through an order (KIC 482 COM 2007) based on a writ petition, had directed the government to furnish assets details of all government servants. But this order was challenged by Dr K Shivaram of Banagirinagar in the high court, which ordered a stay.
“Karnataka is the only state in the country where assets and liabilities of bureaucrats can’t be disclosed without their consent,” a state government official said. “Officials often point to the court order and maintain they are not liable to give the details. How can corruption be fought when bureaucrats do not want to come under the transparency-umbrella? In fact, several top-ranking officials in the Lokayukta too have taken protection under the court order,” the official said.
Y G Muralidhar, convener, Consumer Rights Education and Awareness Trust (CREAT), urged the KIC to take the lead in getting the stay vacated.
The Karnataka Information Commission, through an order (KIC 482 COM 2007) based on a writ petition, had directed the government to furnish assets details of all government servants. But this order was challenged by Dr K Shivaram of Banagirinagar in the high court, which ordered a stay.
“Karnataka is the only state in the country where assets and liabilities of bureaucrats can’t be disclosed without their consent,” a state government official said. “Officials often point to the court order and maintain they are not liable to give the details. How can corruption be fought when bureaucrats do not want to come under the transparency-umbrella? In fact, several top-ranking officials in the Lokayukta too have taken protection under the court order,” the official said.
Y G Muralidhar, convener, Consumer Rights Education and Awareness Trust (CREAT), urged the KIC to take the lead in getting the stay vacated.
“The problem is that neither the government nor any individual is interested in getting the stay vacated,” Muralidhar said. “In the interest of the public, the KIC should move court to vacate the stay.”
JS Virupakshaiah, state chief information commissioner, claimed his hands were tied. “It’s not just IAS and IPS officers whose details cannot be provided, but of all state government officers. Unless the stay is vacated we cannot do anything in this regard.”
GR Mohan, an advocate, said, “The government is least bothered because there is no better way to protect its officers. Since the information about the stay is not public knowledge, others have not sought to implead themselves in the case. Any RTI activist or third party can implead in the case and seek for the stay to be vacated.”
JS Virupakshaiah, state chief information commissioner, claimed his hands were tied. “It’s not just IAS and IPS officers whose details cannot be provided, but of all state government officers. Unless the stay is vacated we cannot do anything in this regard.”
GR Mohan, an advocate, said, “The government is least bothered because there is no better way to protect its officers. Since the information about the stay is not public knowledge, others have not sought to implead themselves in the case. Any RTI activist or third party can implead in the case and seek for the stay to be vacated.”
.JPG)
.JPG)
