Goa RTI panel summons Governor SS Sidhu
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Goa RTI panel summons Governor SS Sidhu

Last Updated: Thursday, December 23, 2010, 13:49     A- A A+
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Goa RTI panel summons Governor SS Sidhu Panaji: In an unparalleled order, Goa Governor SS Sidhu has been summoned by the state Information Commission after his office refused to give information to a social activist under the Right to Information Act.

Sidhu has been asked to personally appear before the state Chief Information Commissioner on January 4 at 1030 hours, official sources said today.

Social activist Aires Rodrigues had filed a complaint with the state information commission pointing out that the Governor had refused to give him details pertaining to advocate General Subodh Kantak.

The notice, signed by Information Commissioner Motilal Keny said yesterday, "You are required to appear before this commission in person and not to depart hence without leave of the commission and you are hereby warned that if shall, without just excuse, neglect or refuse to appear on the aforesaid date and time, failing which the complaint will be decided in your absence."

Rodrigues, by an application on November 29, had sought from Raj Bhavan under the Right to Information Act details of action taken on the complaints made by him to the Governor of Goa against the Advocate General of Goa.

Rodrigues had also sought copies of noting sheets and correspondence pertaining to the processing of his complaints against the Advocate General, they said.

Special Secretary to Governor, N Radhakrishnan declined to furnish the information, stating that information under RTI Act could not be furnished as the Governor of Goa is not a Public Authority and that an affidavit to this effect has been filed before the Bombay High Court.

PTI

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First Published: Thursday, December 23, 2010, 13:49

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Prof.T.Devidas - Bangalore
Art.361 of the Constitution of India is clear that the President/Governor enjoys immunity ONLY ``for exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties``. His powers and duties are indicated in Article 159 as ``to preserve, protect and defend the Constitution and the law`` and ``to devote...
to the service and well-being of the people of the State``. This is a provision of the Constitution which is the fundamental law of superior obligation and so deserving the highest
obedience. Acting in disregard of the directions of any law as to the manner in which the public servant is to act, will amount to an offence under Sec.166IPC where it violates any legal right of anyone. This aspect of the law is not receiving attention at all despite all the noise that is made about removing corruption. This one provision will suffice if read with Articles 14,256,257, 355,356 and Art.39(b)of the Constitution and personal liability of the officer who failed to ensure compliance with applicable law.
It will be good if Zee News were to highlight this legal position. Art.361 does not grant any immunity for the offence under Sec.166 IPC already standing committed.
Sincerely,
T.Devidas.
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