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This is an archive article published on December 15, 2009

‘Assets of IAS officers can be disclosed under RTI Act’

Information regarding assets of Punjab IAS officers is not exempt from disclosure under the RTI Act...

Information regarding assets of Punjab IAS officers is not exempt from disclosure under the RTI Act,as annual property returns submitted by the government employees are in public domain,ordered State Information Commissioner Lt Gen P K Grover (Retd).

He noted that the decision should be considered as a step to contain corruption in government offices,since such disclosures may reveal assets disproportionate to known sources of income.

The order came following a February 2009 application filed by Convener of RTI Users,H C Arora,seeking information pertaining to property returns of IAS officers of the state.

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He had filed an appeal with the first appellate authority on April 1,after his request was declined. On not getting a suitable response,he moved the State Information Commission on September 30,2009.

The respondent,PIO of the Department of Personnel (IAS Branch),Punjab Civil Secretariat,had denied the information,stating that it would adversely affect the “working and morale” of the officers,as the disclosure would lead to “unnecessary controversy”,and state’s interest would suffer. Moreover,the disclosure would serve no public interest.

The applicant said the property returns were submitted by the IAS officers under Rule 16 (2) of the All India Services (Conduct) Rules,1968,and thus,“the information being obligatory/involuntary must be disclosed in public interest”.

He also submitted a copy of the Karnataka High Court order pertaining to disclosure of assets by government servants.

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Lt Gen Grover said,“All IAS officers have to disclose their and their family members’ assets as per Rule 16 (2) of the All India Services (Conduct) Rules,1968. Therefore,such information is not exempted from disclosure.”

He directed the respondent to provide copies of property returns of the specified IAS officers by December 24,exempting those officers who have retired.

Notably,in an earlier appeal by Arora,the information commission had directed the PIO in the office of Punjab DGP to provide details of property returns of all the IPS officers serving in Punjab,except those retired or on the Central deputation. “The government is,however,seeking adjournments in the case on one pretext or the other,and the order is yet to be complied with,” said Arora.

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