Removing the official writings from a document submitted to Appeal Proceedings
2 months ago
A person submitted a RTI application to a government office.But one officer ,not the competent authority,wrote in the application to seek explanation from the applicant ,who is also an employee in the department.The matter came before the State Information Commission for grievence. The government office was asked to submit a report and relevant documents.The office filed the report and document , but the writings on the application to seek explanation was removed by whitener.Is the activity amount to an offence.Is the officer is bound to give the document as such without omitting anything.What kind of offence it makes.kindly reply.
A.Dear Client,
There is no penal provision for tampering with a document under RTI Act. So, the legal remedy lies with the Indian Penal Code. As per Section 463 and 464 IPC, whoever makes any false documents, with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud. Under Sec.471 IPC, whoever fraudulently or dishonestly uses as genuine any document or electronic record that he knows or has reason to believe to be a forged document or electronic record, shall be punished in the same manner as if he had forged such document or electronic record. In this scenario, you need to bring the criminal offense of tampering with the document by a complaint under Sec.18 of the Act to the State Information Commission. Reach out to an Advocate for guidance and steps.
There is no penal provision for tampering with a document under RTI Act. So, the legal remedy lies with the Indian Penal Code. As per Section 463 and 464 IPC, whoever makes any false documents, with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud. Under Sec.471 IPC, whoever fraudulently or dishonestly uses as genuine any document or electronic record that he knows or has reason to believe to be a forged document or electronic record, shall be punished in the same manner as if he had forged such document or electronic record. In this scenario, you need to bring the criminal offense of tampering with the document by a complaint under Sec.18 of the Act to the State Information Commission. Reach out to an Advocate for guidance and steps.
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A.Dear Client,
Tampering with an RTI application, specifically using whitener to remove or alter content, can be considered a serious matter. The Right to Information Act (RTI Act) in India is designed to promote transparency and accountability in government organizations, and any interference with the application process undermines these principles.
In the situation you described, the act of using a whitener to remove content from the RTI application is a form of tampering and can be seen as an attempt to manipulate or conceal information. This action could potentially be viewed as a violation of the principles of transparency and honesty required by the RTI Act.
The officer is expected to provide the information as it was originally submitted without any alterations. Any attempt to modify or withhold information from an RTI application may be seen as an offense under the RTI Act.
What action can be taken depends on the severity of the situation and the policies in place. If you believe this to be a serious offense, you may consider taking the following steps:
1. Bring it to the Notice of the State Information Commission:
Inform the State Information Commission about the tampering with the RTI application. They can investigate the matter and take appropriate action.
2. Lodge a Complaint:
You may consider filing a complaint with the concerned department or higher authorities against the officer involved in tampering with the RTI application.
3. Legal Action:
Depending on the gravity of the situation, legal action may be pursued. It is advisable to consult with a legal professional to understand the specific legal remedies available.
Remember, transparency and integrity are crucial in the functioning of the RTI Act, and any attempt to interfere with the process is likely to be taken seriously by the relevant authorities.
Tampering with an RTI application, specifically using whitener to remove or alter content, can be considered a serious matter. The Right to Information Act (RTI Act) in India is designed to promote transparency and accountability in government organizations, and any interference with the application process undermines these principles.
In the situation you described, the act of using a whitener to remove content from the RTI application is a form of tampering and can be seen as an attempt to manipulate or conceal information. This action could potentially be viewed as a violation of the principles of transparency and honesty required by the RTI Act.
The officer is expected to provide the information as it was originally submitted without any alterations. Any attempt to modify or withhold information from an RTI application may be seen as an offense under the RTI Act.
What action can be taken depends on the severity of the situation and the policies in place. If you believe this to be a serious offense, you may consider taking the following steps:
1. Bring it to the Notice of the State Information Commission:
Inform the State Information Commission about the tampering with the RTI application. They can investigate the matter and take appropriate action.
2. Lodge a Complaint:
You may consider filing a complaint with the concerned department or higher authorities against the officer involved in tampering with the RTI application.
3. Legal Action:
Depending on the gravity of the situation, legal action may be pursued. It is advisable to consult with a legal professional to understand the specific legal remedies available.
Remember, transparency and integrity are crucial in the functioning of the RTI Act, and any attempt to interfere with the process is likely to be taken seriously by the relevant authorities.
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