Thursday, 30 December 2010

RTI ACT: PETITION FILED AGAINST GOA’S AG MR SUBODH KANTAK

PANJIM: A petition has been filed today before the Goa State Information Commission by Adv. Aires Rodrigues against Advocate General of Goa Mr. Subodh Kantak for his failure to comply with the provisions of the Right to Information Act.
Adv. Aires Rodrigues had earlier this week served a legal notice on the Advocate General giving Mr. Subodh Kantak 48 hours to comply with the Right to Information Act.
In his petition before the State Information Commission today, Adv. Aires Rodrigues has stated that though the RTI act was enacted to promote transparency and accountability and became law on 15 June 2005 that the Advocate General has not complied with the provisions of the Act for over five years.
Adv. Rodrigues has stated that the Advocate General is a “Public authority” as defined in section 2 (h) of the RTI Act 2005, being a constitutional authority constituted under the Constitution of India
Adv, Rodrigues has further submitted that the Advocate General as a “public authority” was required under Section 5 of the Act to designate within 100 days Public Information Officers to provide information under the Act to persons requesting the same from the Advocate General’s office.
Adv. Rodrigues has also stated that Section 4 the act required the Advocate General to publish and make public within one hundred and twenty days various information details about the Advocate General’s office.
Adv. Rodrigues in his petition has further stated that the failure to comply with the provisions of the Act for over five years was a matter of concern given that the Advocate General was the First law officer of the State.
Adv. Rodrigues has also submitted in his petition to the State Information Commission that the Advocate General was bound to comply with all the provisions of the Right to Information Act.
Stating that not complying with the RTI Act by the Advocate General was unreasonable, malafide and without reasonable cause, Adv. Rodrigues has in his petition sought that the Advocate General Mr. Subodh Kantak be penalized in terms of section 20 of the RTI Act for not complying with the provision of the Act.

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