Corruption
Sumir
(Querist) 21 May 2010
This query is : Resolved
While sec 13 of prevention of corruption act states that no public servant can allow to take advantage in money matters(to himself or other person), why does an act of not levying fine by State Information Commission on Public information officers, in case of gross violation of RTI act not corruption?
mahendrakumar
(Expert) 21 May 2010
not levying fine by SIC on PIOs for violating RTI provisions cannot be treated as corruption.
vijay
(Expert) 21 May 2010
that is a quashi judicial function.the discretion is given to that authority,in absence of material s.uggesting the ingrediens it is not coruuption
G. ARAVINTHAN
(Expert) 22 May 2010
Evidence needed for penalising
Guest
(Expert) 28 May 2010
13. Criminal misconduct by a public servant(1) A public servant is said to commit the offence of criminal misconduct,-(a) if he habitually accepts or obtains or agrees to accept or attempts to obtain from anyperson for himself or for any other person any gratification other than legal remuneration as amotive or reward such as is mentioned in section 7; or(b) if he habitually accepts or obtains or agrees to accept or attempts to obtain for himself orfor any other person, any valuable thing without consideration or for a consideration whichhe knows to be inadequate from any person whom he knows to have been, or to be, or to belikely to be concerned in any proceeding or business transacted or about to be transacted byhim, or having any connection with the official functions of himself or of any public servantto whom he is subordinate, or from any person whom he knows to be interested in or relatedto the person so concerned; or(c) if he dishonestly or fraudulently misappropriates or otherwise converts for his own useany property entrusted to him or under his control as a public servant or allows any otherperson so to do; or(d) if he,-(i) by corrupt or illegal means, obtains for himself or for any other person any valuable thingor pecuniary advantage; or(ii) by abusing his position as a public servant, obtains for himself or for any other person anyvaluable thing or pecuniary advantage; or(iii) while holding office as a public servant, obtains for any person any valuable thing orpecuniary advantage without any public interest; or(e) if he or any person on his behalf, is in possession or has, at any time during the period ofhis office, been in possession for which the public servant cannot satisfactorily account, ofpecuniary resources or property disproportionate to his known sources of income.Explanation.-For the purposes of this section, "known sources of income" means incomereceived from any lawful source and such receipt has been intimated in accordance with theprovisions of any law, rules or orders for the time being applicable to a public servant.(2) Any public servant who commits criminal misconduct shall be punishable withimprisonment for a term which shall be not less than one year but which may extend to sevenyears and shall also be liable to fine.
mens rea is very important to prove the guilt under section 13 of P C Act. The section deals with criminal misconduct.No corruption case made out.
