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NGT Registrar General passed 'illegal' RTI orders as FAA: CIC

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karira

NGT Registrar General passed 'illegal' RTI orders as FAA: CIC

 

 

New Delhi: Central Information Commission has come down heavily on Registrar General ofNational Green Tribunal for issuing "illegal" orders "without application of mind" on RTI pleas, saying such actions will obstruct furnishing of information and scare away applicants.

 

While issuing a show-cause notice to Registrar General Sanjay Kumar, Information Commissioner Sridhar Acharyulu also recommended that he be replaced from the post of First Appellate Authority (FAA) under RTI matters at the Tribunal.

Kumar, the senior most officer in NGT, was directed to explain why he passed "such illegal orders, why he spent so much of time without hearing the appeal within the time prescribed by the Right to Information Act and insisted on personal presence and presentation of affidavits."

Acharyulu said as the NGT is suffering from absence of coordination within the office, the Environment Secretary should look into administrative problems of the Tribunal.

The case relates to activist Subhash Agrawal who had sought to know, through multiple RTI applications, the details of vehicles purchased and sold by NGT, rules and procedures etc on sanctioning of leave, LTC etc of the Chairman and members besides statistics about RTI applications and first appeals.

National Green Tribunal is the legal body for adjudication of environmental issues.

Not getting response in time, Agrawal approached the Commission alleging Kumar caused him serious harassment by insisting on his presence to prove originality of his RTI application, to explain about his RTI applications and prove number of envelops, postal orders and their genuineness.

Kumar also wanted him to file affidavit duly verified and attested by the competent authority mentioning all the facts.

"The Commission finds that there is substance in the complaints made by the complainant. Some of the aspects of the interim orders of the FAA are funny and strange. They will definitely impose obstructions in the process of furnishing information according to the RTI Act. It will scare away the information seekers," Acharyulu said. He said Kumar has not "applied his mind" to the facts, law and the circumstances of the case and made the hearing of the first appeal a very elaborate and unnecessary exercise on trivial matters because of which furnishing of information was totally obstructed.

"The Commission also observes that the FAA orders reflect lack of understanding of law in furnishing the information which is harmful to the public authority (NGT)," he said.

The Central Public Information Officer of NGT, sub-ordinate of FAA, who was present during the hearing said he does not want to continue to handle RTI responses as he was over burdened with work as he is also Accounts Officer of the Tribunal looking after Accounts Division.

He said he has to personally go to another section to use the computer for typing the RTI responses.

Acharyulu said, "Having heard the submissions, the Commission comes to conclusion that it is not proper to burden an Accounts Officer with RTI related work.

"The Commission recommends the Public Authority to replace the CPIO with another officer by providing necessary infrastructure including the computer operator, so that he could attend the RTI matters in a careful manner, which is desirable for an esteemed organisation like the NGT which is dealing with important matters like environment/pollution."

 

Read More: NGT Registrar General passed 'illegal' RTI orders as FAA: CIC | Zee News

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karira

Why did the IC allow the FAA a "escape route" by issuing a "show cause notice" ?

 

This one act/sentence of the IC will help the FAA escape any action !

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karira

[h=1]HC stays CIC order against NGT Registrar General[/h]

The Delhi High Court today stayed a Central Information Commission (CIC) order in which it had passed adverse remarks against Registrar General of National Green Tribunal and recommended replacing him from the post of First Appellate Authority (FAA) for RTI matters there.

 

 

Justice Rajiv Shakdher while staying the January 14 order of CIC also issued notice to the Right to Information (RTI) applicant, on whose plea the commission had passed the order, and sought his response by the next date of hearing on May 6.

 

 

CIC was removed as a respondent from the matter after Additional Solicitor General N K Kaul said the commission need not be made a party in the issue.

 

 

The court's order came on the plea of the National Green Tribunal (NGT) which has sought quashing of the January 14 order.

 

 

CIC, in its January 14 order, had made come down heavily on the tribunal's Registrar General, saying that he had issued "illegal" orders "without application of mind" on RTI pleas, and that such actions will obstruct furnishing of information and scare away applicants.

 

 

While recommending that he be replaced as FAA, CIC had said that he be removed as the tribunal's Central Public Information Officer (CPIO) since he was also an accounts officer and was overburdened with work, apart from RTI matters.

 

 

It had also asked Ministry of Environment and Forests (MoEF) to look into the administrative problems and affairs of NGT.

 

 

The order and remarks were passed on the plea of RTI applicant Subhash Chandra Aggarwal who had sought the details of vehicles purchased and sold by the tribunal, rules and procedures on sanctioning of leave, LTC of the Chairman and members, besides statistics about RTI applications and first appeals.

 

Read More: HC stays CIC order against NGT Registrar General | Business Standard News

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Prasad GLN

Is there any link available in our portal or we have to find CIC decision from CIC website ?

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karira
Is there any link available in our portal or we have to find CIC decision from CIC website ?

 

Order is attached to post No. 2 above.

 

Are you still having problems downloading from this site ?

Please call me sometime when you are in front of your computer to sort it out.

 

The link on CIC is:

 

http://rti.india.gov.in/cic_decisions/CIC_SA_C_2014_000316_M_146277.pdf

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Prasad GLN

No Problems now. I have purchased brand new lenovo desk top instead of laptop.

 

Again Hon IC SA is the focus . He is magnanimous to CPIO and to particular appellant many times but the same attitude is not being shown to equally deserving appellants in his other decisions.

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karira
He is magnanimous to CPIO and to particular appellant many times but the same attitude is not being shown to equally deserving appellants in his other decisions.

 

You have to check with Madam of IC regarding Breakfast menu on those days and how much chillies she put in the sambhar/omlette.

 

Once long back, I suggested that you do a study on ONE ICs decisions (any ONE).

Examine them from all angles for a period of 1 month (about 200 to 300 orders/decisions).

Analyse them on the basis of PA, time of hearing, who is the appellant, who is the PIO, who is the PA, whether decision was passed immediately or later, how many appeals disposed in one order, how many hearings were held, etc etc... The results will be very revealing !

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Prasad GLN

There is a very famous poem in Mahabharata Telugu version of Nannaya (First poet in Telugu)

Heart is just like fresh butter, but talk is like a Diamond pointed weapon of Indra. ( for some persons belonging to upper Caste ).

Hence those persons can take back their curses.

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Prasad GLN

Karira Saab,

Do you think that Hon.Professor law is not aware of Madras High Court Judgment (LIC LIFT case) wherein Hon. Court directed CIC to expunge the remarks against FAA ?

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karira
Karira Saab,

Do you think that Hon.Professor law is not aware of Madras High Court Judgment (LIC LIFT case) wherein Hon. Court directed CIC to expunge the remarks against FAA ?

 

He visits this portal....he could have searched for it.

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Prasad GLN

Thank God. He is confined to Delhi matters only, otherwise he should have targeted his critics also.

Some more information about other ICs' visits as we take precautions and avoid comments on their decisions.

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