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harinder dhingra

Game Changer Order of Haryana State Information Commission

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harinder dhingra

Dear All,

 

In a revolutionery step taken by Hon'ble SIC by using its powers under Section 25(5) of RTI Act 2005 has directed Chief Administrator HUDA to nominate Estate Officer (who happens to be HCS officer) as SPIO as used to be the case earlier.

The CA HUDA had under pressure from HCS lobby had deputed/appointed class III officers (Deputy Superintendent) as SPIO who could not perform in providing information as they were too meek to get the the information from SDOs/Estate Officer(HCS/s) /Administrators (IAS/s) and thus RTI Act 2005 was losing its relevance.

With this daring step of Hon'ble SIC, the situation will drasticly change in HUDA as far as RTI Act 2005 is concerned and this order which is first of its kind gives hopes to Crores of RTI applicants in India who too can demand the same from their respective government.

A Very revolutionery step indeed. A game changer order of Hon'ble SIC.

 

Yes, Your truly has campaigned, convassed and argued for this order.

 

harinder dhingra

EO of HUDA to be SPIO---revolutionery order.pdf

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Prasad GLN

Shri Harinder Dhingra,

It is a good leap forward. In state of Andhra Pradesh, in District Legal Services Authority, the junior most clerk is designated as PIO, when there are several seniors. Unfortunately APIC has not taken any action. HC has appointed a counsel for every Court case with APIC, and a junior represents any court in AP and almost stays there in APIC. No PIO is bothered and states , we need not go to APIC at Hyderabad, our counsel is there to argue. As you know through previous posts, not even one decision was given against Courts by IC, and reasons were explained by Hon.Karira in those posts.

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harinder dhingra

Learned Mr G L N Prasad,

 

Thank You.

 

All the more reason that this judgment would be of immense help for the cases mentioned by you. Kindly use this judgment for getting the desired results for the offices you mentioned in the above post.

 

Grateful for appreciation.

 

harinder dhingra

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GirijaSiva

Harinder Dhingraji,

 

This is quite an achievement. The result of your efforts will benefit many.

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harinder dhingra

Thank You GirijaSivaji,

 

Need your good wishes to continue follow the path of learning about implementation of RTI implementation.

 

hd

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advocate rajesh

an eye opener for haryana govt......sarpanches have also designated SPIO wrongly only to save BDO. earlier BDO were spio............sarkaar ki dhinga masti...........not taking rti seriously

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harinder dhingra

Agreed with you Sharma Sir,

 

Let us work to get BDO/s appointed as SPIO as was the case earlier.

 

hd

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harinder dhingra

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harinder dhingra

Dear Members of this August Forum,

After the directions of Hon'ble Commission to HUDA to appoint Estate Officer (HCS Officer) as SPIO & Administrator (generally IAS officer) as FAA, the HUDA did not do it.

The undersigned filed the Complaint with Hon'ble SIC Haryana along with RTI application seeking the status of Hon'ble Commissions directions to HUDA.

From the information provided by HUDA under RTI, the HUDA filed review petition on 6th June 2014 before Hon'ble SIC Haryana to review its decision which was rejected by Hon'ble Commission in 24th August 2014 but neither the HUDA filed Civil Writ Petition before Hon'ble High Court challenging the order nor implemented the order.

 

 

The undersigned filed non compliance of its order on 6th Sep 2014 and Hon'ble Commission was pleased to direct the Learned CA of HUDA to do the same.

After great follow up & persuasion, the HUDA has finally appointed E O & Administrator as SPIO & FAA in all its offices in Haryana.

This would felicitate the free flow of the information to RTI applicants as Class Three Employees appointed as SPIO/s were not able to gather the information (Because the files are generally with the EO & above and they are hesitant to even ask for the file because of lot of difference in hierarchy) to provide under RTI Act 2005.

I would be failing in my duty if I do not applaud the efforts made by Hon'ble Sh. Naresh Gulati (Retired IAS), Chief Information Commis

sioner of Haryana who took keen interest in implementing its decision (unlike the Hon'ble CIC which threw in towel in implementing its decision on political parties)to see that RTI Act is alive and kicking in Haryana.

I am also grateful to Hon'ble Chief Minister of Haryana Sh. Manohar Lal Ji Khattar who took personal initiative to see that RTI Act is taken seriously in the state of Haryana.

Thanks for your time,

Yours

Harinder Dhingra

 

List of FAAs, SPIOs and ASPIOs under the RTI Act, 2005.pdf

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harinder dhingra

Dear Friends,

 

You can contact me at harinder@hdingra on twitter.

 

 

hd

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MANOJ B. PATEL

R/sir, congratulation and best wishes. May God bless you.

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harinder dhingra

Thanks a lot Learned Mr. Manoj B Patel Sir. Sab aap se sikha hain Sir, Following your advice and Steps.

 

 

hd

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Prasad GLN

Appointing IAS officers has it's own merits and disadvantages also. It is only nominal, though the head is different, always the RTI work is being attended by clerical level staff only, and some PIOs may take interest. But while coming up for second appeal hearing, most IAS officers are reluctant to appear before ICs who are below their rank, and some even despise ICs as just journalists and use insulting language. Let us hope that it is different in Haryana, and wait for further developments for good.

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karira

Did the Commission pass this order in a second appeal under Sec 19(3) or a Complaint under Sec 18 ?

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harinder dhingra

Learned Mr. G L N Prasad Sir,

 

The issue here was that deputy Superintendent who is class three official was made SPIO in Haryana Urban Development Authority (HUDA) who was unable to even ask Estate Officer (HCS officer) for files leave alone Administrator (who is IAS) and as such information was delayed to the tune 6-8 months in HUDA.

Now, the HCS is PIO and IAS is FAA and HSIC is tough body and as such the officers would think ten times before delaying the information. Now the delay part is taken care of by this order.

 

The Hon'ble CIC of HSIC had to speak to Hon'ble CM to get this implemented. It speaks volumes about the commitment of Hon'ble CIC to the cause (By the way he is the same officer whose wife (Ex chief Secretary) is also SIC in Haryana and some dear friends call it "family affair". On this I will write at appropriate forum so let us leave at that.

 

Thanks for your time,

 

harinder dhingra

 

 

Learned Mr. Karira Sir,

 

The order of 29th April 2014 was issued in appeal of Mr. Gupta (argued by me) and non implementation of this order was moved under Section 18 by undersigned. The directions were given in 29th April 2014 order and follow up was done through D O letters written by Hon'ble CIC of HSIC to Chief Secretary Haryana & Chief Administrator HUDA. The undersigned spoke to Hon'ble CM who was gracious enough to direct the CS to honour the orders of Hon'ble HSIC.

 

Thanks for your time

 

harinder dhingra

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harinder dhingra

Dear All,

Kindly enclosed herewith find copy of news item appearing in Hindustan Times English dated 19th June 2015 on the subject mentioned in trailing mail "HUDA directed to appoint Estate Officer as SPIO under RTI Act 2005--A major step".

Thanks for your time

 

Harinder Dhingra

RTI & Human Rights Activist

 

attachment.php?attachmentid=13015&stc=1

Hindustan_Times_HUDA0001.jpg

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koteswararaonerella

you are not leaving any PIO/ CPIO in Haryana of public utility services and also is not aborting in the middle and persuing till its logical end. so people like Mr. Harinder Dhingra are needed to make the RTI more powerful than simple tool of getting information .

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harinder dhingra

Thanks a lot Learned Mr. Koteswararaonerella Sir for the nice words and encouragement.

 

hd

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harryg

Sir

Quite useful information, can you give case details e.g. case number and year or link of cic judgement so i can download from website of cicharyana.gov.in , will be greateful to you. Also can you confirm FAA or HOD of department can appoint class III officer such as Asstt of Department as SPIO or not if there is Deputy Suptd. Already working in the Deptt. Any judgement/instructions you can provide in this matter would be helpful.

Thx

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karira
Sir

Quite useful information, can you give case details e.g. case number and year or link of cic judgement so i can download from website of cicharyana.gov.in , will be greateful to you. Also can you confirm FAA or HOD of department can appoint class III officer such as Asstt of Department as SPIO or not if there is Deputy Suptd. Already working in the Deptt. Any judgement/instructions you can provide in this matter would be helpful.

Thx

 

The order is available as an attachment to one of the posts. Please download it.

 

At present the RTI Act does not specify the "level" of the officers in a public authority who can be designated as PIO.

 

But, if a low level officer is designated as a PIO, he will be ineffective in procuring information from officers who will be senior to him.

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Prasad GLN

Sir,

In AP Government, lower division clerk who is Junior in the office is being designated as Public Information officers.

Infact, Courts have shown the way, as Legal Services Authority, PIO is junior most clerk.

When the Act stipulates appointment of officer, it is definitely not a rank of clerk.

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