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karira

Penalty frauds in CIC - Penalty of 70 lakhs still to be recovered - 600 unregistered appeals of 2011-2012 and 2013 found lying in CIC

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Prasad GLN

But Sir,

That is not in the hands of a common man/citizen.

With due respects, in all departments including judiciary the system is functioning like that. Ignoring responsibilities, and agitating over rights is usual phenomena at every level. On top of this, egoism in each and every person without exception (I am a Government official, How dare are you ask me ? type). We submit everything to unknown force God.

But how to get remedy.

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jps50

I would be emailing and mailing by post attachment to all concerned. I am realizing that failure to recover penalties by CIC has strong vigilance angle. I am cogitating to file a complaint with Central Vigilance Commission on this score also.

CIC IMPROV ADDEN 020514.pdf

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jps50

Dear Mishraji

 

I have perused your post No. 24 and thank you for the same. We must accept that all PIOs/PAs are not so indifferent. Large number pay on issue of orders by ICs, and CIC/SIC are not required to follow them, except monitoring recovery. There are few PIOs who need reminders/strongly worded notices from ICs to pay penalties. Then there are third type of PIOs for whom CIC/SIC needs to approach head of public authority [e.g. Chairman in case of bank/insurance companies or Chief Secretary of Ministry or State Dept etc] with copy to PIO. Then there are very strong and well politically or administratively connected PIOs, who may be summoned by ICs along with salary disbursing officer. Only marginal number of PIOs may run the risk of jail with its resultant consequences on his service. I believe that in each and every case IC need not order arrest or jail for recovery of petty amount not exceeding Rs.25000/-. Only foolish PIO would run risk of his career, service by not paying penalty after all these steps.

 

The problem is with CIC -lack of commitment to recover. I do not think since 2005 CIC would have approached head of PA for non-payment or non-recovery from salary of CPIO even in one case. CIC has confessed that it has no data to effectively follow up. There is no administrative mechanism within CIC for recovery of penalties. CIC should have spared one officer and a clerk exclusively for recovery or made Asstt/Dy Registrars responsible for recovery for their respective registries. I doubt if this issue was ever seriously raised in meetings of ICs at CIC or monitored by Chief IC with Secretary.

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Prasad GLN

Shah saab,

Before complaining to CVC, first go through in how many CIC decisions, Chief Information Commissioner has decided against CVC inspite of glaring irregularities. Has at any time CPIO of CVC was penalised ?

They are mutually dependent on each other.

Now that you have suspected Vigilance angle (must be 100% true), can you please provide as to the procedure to know whether a particular decision was given by Hon IC himself, or taking the absence of both the parties, any Dy.Registrar has signing decision as though it has come from IC himself ? (The reasons ?)

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skmishra1970

Yes I am also agree with Mr. Prasad. Specially State Information Commission has a track record of Non penalising of any CPIO / SPIO of Police Department or any District Court or High Court, they can use his power of penalty only on powerless PIO i.e. from the Dept. of Education, Health, Sanitation Transport or so.

 

for more details click the link below :-

 

à¤*ारत में सूचना की आजादी मिलना अà¤*ी बाकी

Right to Information.pdf

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Prasad GLN

The point to be weighed is the important that PIO can get things done,if case of future necessity.

Particularly in Maharashtra the victims of penalties are poor panchayat clerks as they can in no way help others out of their village.(I agree that there may be stray incidents but that PIO is less powerful than appellant)

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jps50

I was dealing with non-recovery of penalties imposed by ICs and hence my averment that there could be vigilance angle also for not recovering. Non-imposition of penalty by ICs even in most deserving cases is altogether a different episode.

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koteswararaonerella

Returning APPEAL is easier than its disposal and as members opinied it is easy to remove one or two pages and make it DEFECTIVE AND RETURN IT AND IF THE MEMBER IS NOT SERIOUS HE MAY NOT SEND IT BACK URGENTLY.SO QUICK DISPOSAL.

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sharadphadke
Shah saab,

Before complaining to CVC, first go through in how many CIC decisions, Chief Information Commissioner has decided against CVC inspite of glaring irregularities. Has at any time CPIO of CVC was penalised ?

They are mutually dependent on each other.

Now that you have suspected Vigilance angle (must be 100% true), can you please provide as to the procedure to know whether a particular decision was given by Hon IC himself, or taking the absence of both the parties, any Dy.Registrar has signing decision as though it has come from IC himself ? (The reasons ?)

 

Can Hon. G.L.N. Prasad give few cases disposed by Dy. Registrar? I am interested in this type of cases. I have filed a RTI for complain made to CIC for this type of disposal and surprisingly most of the queries are dodged as "No information available" or some evasive reply.

I wish to take this matter to end if there is a permission from god to do this.

 

Any member who has received his appeal/complaint disposed by Dy. Registrar is welcome by me. Please attach order in this post.

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Prasad GLN

Shri Phadke

 

I have asked for such information in my post. Normally appellant will not be coming to know of such decisions as hearing might have taken place in his absence. This is a suspicion, and how to verify such decision is a question mark.

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sharadphadke
Shri Phadke

I have asked for such information in my post. Normally appellant will not be coming to know of such decisions as hearing might have taken place in his absence. This is a suspicion, and how to verify such decision is a question mark.

 

Very interesting. May I know how you suspect such disposal when you have not gone through?

 

I have one case like this and to dig this only recently I have sent one RTI to know what action has been taken by then CIC Shri Mishra against disposal of case by Dy. Registrar. Reply was with Duranto or to Japanese super fast speed. Within a week so to say.

 

With the help of Shri J. P. Shah, we tried to re considered with larger bench also. I sent email to IC Gandhi on his personal as well as CIC's address but all efforts were in vain. May be IC Gandhi's lips were stitched that time. I will find out when he comes to Pune for some lecture.

 

Now few weeks back IC Gandhi has confirmed that he used to signed all the copies of decisions including office copy and hence I am trying second time to dig. I think if my age permits, I will nail these corrupt officers and I have 75% chances. I know FA and Second appeal will be a most time taking business but we will the RTI India will find the way.

 

By the way which minister is looking at DoPT? It is better to know in this matter.

Complaint against Dy Registrar Dhirendra Kumar of CIC_SM email copy.pdf

CIC_Reply to RTI for Dhirajkumar disposal.pdf

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karira

Members,

 

Dont go only after the respective Dpty Registrars of the IC.

Also go after the "Legal Retainers" of each IC.

It is the legal retainer who drafts the order and the Dpty registrar who signs it.

The IC is never ever involved.

 

If you read some of those orders, and KNOW and HAVE MET the Depty Registrars personally, you will easily understand that they are incapable of drafting/writing any such order.

 

============

 

Be prepared for a long long fight....it took R K Jain from Delhi 6 months, 473 RTI applications to various PAs, countless first appeals (just check FAA orders on CIC website..and see how many belong to R K Jain)- to expose ex Director/Jt Registrar P K P S Shreyaskar for fraud and corruption. There were some days when he was filing 22 RTIs with CIC on one single day.Only then, he could get him removed from CIC. And remember, that R K Jain, never went to court and is based in Delhi. So a little bit easier for him. So, dont think it is easy. Some of you should meet this person. I think same age as our member shradphadke but really admire his fighting spirit.

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karira

Also read the "Manual of Office Procedure" - Does it say anything about signing of office copies ?

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Prasad GLN

Mr.Phadke

 

In one case pending before CVC on a fraud perpetrated with forgery., CPIO has not provided any information at all. FAA ignored first appeal. As this is a clear case of "deemed denial" brief written arguments were filed with Hon.IC well in advance.

Even after CIC decision, no information was provided by CPIO and CVC has closed complaint stating that entire information was provided.

Appellant has filed RTI application seeking information from CPIO, CIC for a copy of that information which was stated to have been provided to applicant and with such service proof. As usual there is no reply from CPIO, CIC. First Appeal was filed for seeking such copy. A letter from CPIO which is in no way relevant or mentions any thing about such RTI Application was provided to appellant. Appellant sought personal inspection of the file and found no such information provided by CPIO as stated in CIC decision. Second appeal was filed before SG as complaint. TO substantiate the complaint, entire documents relating to such CIC decision was sought from CPIO. CPIO as usual remained silent. Through Audio conference FAA heard argument and sought time to trace the record. After one month, FAA informed that file has been weeded out.

A reply provided to Hon.Karira and uploaded by him stated that none of the files were destructed. On the basis of such information another RTI Application was filed, with copy of such information to CPIO now a very strange reply was provided by CPIO.

Now first appeal has to be filed. To close a CVC complaint, even without providing information, CPIO of a PA has got the entire appeal closed and neither that CPIO nor CIC CPIO is producing such information. CPIO, CIC when contacted personally advised appellant to go to court.

Now, I have to see as to how can I justify appellant.(Appellant has misplaced CPIO information and still searching for his reply)

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