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2015 (9) TMI 1129 - HC - Indian LawsRTI - Missing public records - The case in hand is a classic example, as to how the Government officers for protecting their fellow officers tend to frustrate the basic intention of the legislature behind the enactment of the Right to Information Act, 2005. Section 9 of the Maharashtra Public Records Act clearly mandates that whoever contravenes the provisions of Section 4 or Section 8 of the said Act shall be punishable with imprisonment for a term which may extend to five years or with fine which may extend to ten thousand rupees or with both. Taking into consideration the directions given by the State Information Commission, it was mandatory firstly for Mr. Suresh Kakani and secondly for Mr. S.K. Salimath to set criminal law in motion and leave it to the investigating agency to find out the culprits. In view of the clear direction issued by the Second Appellate Authority, they were bound to set criminal law in motion as the documents could not be traced within the stipulated time. State directed to pay cost of ₹ 15,000/- to the Petitioner.
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