As pointed out by the representative of CHRI, New Delhi, a penalty of Rs.200/- per day has been provided in the Orissa Draft Bill ( 9 b) on account of delay only. There is no penalty specifically provided for intentional withholding of the information or for providing misleading information, which should be there in the Draft Bill.
The Draft Bill says that the concerned person shall be tried as per the Service Rules applicable to him on account of his intentional supply of false or misleading information. But the Orissa Public Service Conduct Rules 1959 in its Section 11 prohibits the very disclosure of information to the public on the part of a Public Servant. And the corresponding provision of the Central Service Conduct Rules speaks the same thing. So virtually there shall be no action initiated against a Public Servant for his failure to provide genuine, necessary and timely information to the public on demand, if we rely on existing Orissa Public Servants Conduct Rules.
As Sri Rai Charan Das, former Addl. Secy., Dept. of Revenue, Govt. Of Orissa suggested, in stead of referring to the Service Cnduct Rules, the Orissa Draft Bill should say that the existing provisions under Sections 167 and 217 of IPC may be applicable for punishing the public servants guilty of providing false or misleading information.