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dkchhetri

The Grounds of Complaint.

Question

dkchhetri

1) I had filed a RTI Application to Labor Department ,Govt of Sikkim, asking to furnish the Utilisation of CESS (In Sikkim Labor Dept. Collects the CESS).

On reply the SPIO furnished that they have spent Rs. 50 lakhs to provide TVs to the Labors for their entertainment.

 

2) Upon getting the Reply ,i filed another RTI asking the SPIO to furnish the location and places where they have provided the TVs for labors.

This time the SPIO furnished they have not provided any TVs to labors.

 

3) Since I got two replies related for same subject i.e.

In one reply they said they have provided TVs to the labors.

And in another reply they said they have not provided TVs to labors.

 

Which I concluded the SPIO supplied contradictory information which in RTI act term could be said as MISLEADING INFORMATION.

 

Taking the two reply, I filed complaint to CIC Sikkim explaining everything. The CICI said , I have go through First Appeal.

I said ,this is not a case of appeal. The SPIO has furnished Misleading information, which is proved by comparing two RTI Application and FA has no jurisdiction to compare TWO RTI Replies.

The CIC said I should read the RTI Act on which I said ,I know the Act ,and this is a fit case to take action against SPIO for providing misleading information.

The CIC denied the plea and ordered me to go to FA. But I have no ground to go to FA.

 

Please enlighten me here, I believe the SPIO is guilty of providing misleading information here. And FA has no power to punish SPIO.

What should I do?

Whether my contention was right?

 

I hope the esteemed members will guide me here.

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7 answers to this question

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MANOJ B. PATEL

Dear member,

CIC can not convert your complaint in to appeal. CIC is bound to inquire in your complaint and to take necessary action if it is proved. You may challenge CIC's order by filling W.P. in hon'ble High Court only.

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D.T.RATHAVA

dear member,

You are absolutely correct, as far as "theory" is concerned.

but if CIC stated that by order go to FA try to go it and stay your statement if unsatisfied to FA reply complaint again to cic ground of unsatisfied FA reply

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RAVEENA_O

File two sepaate First Appeals before FAA as suggested by SIC. Grounds for appeal arise from each RTI Application. In both cases, you may submit before the FAA that the information supplied against your application dated .... is false and misleading. Use the information received in first case as evidence and proof of second case and vice versa. Pray before FAA to supply correct information.

 

Please revert back to us with the reply of FAA for further course of action.

 

In the meanwhile, please file a written compliant with Superintendnet of Police, Anti Corruption Bureau of the State with allegations of serious irregularities in utilisation of funds to the tune of Rs. ................... Attach the copies of information received in both RTI cases, as evidence. Submit complaint before SP ACB by speed post with clear address and signature of the complainant. Seek an investigation and punish the culprits.

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dkchhetri

Thank You ,

Madam Ravina_O , Please enlighten me, when a CIC will entertain a complaint. In this case, when there was evidence of supplying misleading information by the SPIO, the SIC should have taken the cognizance.

This case has two way to go:

1) Appeal to FA for getting correct information, which I will do.

2) Punishing the SPIO under RTI Act by the SIC for furnishing misleading information ,which the SIC is not doing.Which implies either SIC is incapable to read the case or the SIC is letting lose the SPIO.

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MANOJ B. PATEL

" to connive at".

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Prasad GLN

Let us not discuss over a matter which was already decided, as there is no further purpose. Still many doors are open and in Post No.4 Madam Raveena has replied so excellently, and it is the one and only way. If you have the capacity escalate it through media and file another RTI Application if the cess is not spent on TV, for what other purpose it was utilised and entire statement of account of expenditure on such cess year wise.

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jps50

It is advisable to move first appeal for both the replies of SPIO. Perhaps FAA may correct the error if any has cropped in reply of SPIO. Based on reply of FAA, you may approach SIC. If FAA reply confirms that TVs were not supplied to labourers despite having expended money, then it is a serious case of misappropriation of public fund and corruption. In that case you may file complaint with State Vigilance Commission or Lokayukta [if any] or Anti Corruption Bureau with copy to Chief Secretary of the State.

 

If no action is taken in three months by above authorities, then again move RTI with concerned agency by referring:

 

Long pending? :

http://www.rtiindia.org/forum/blogs/jps50/69-any-thing-pending-govt.html

https://app.box.com/s/hcuhkwein4m95jttabjd

https://www.box.com/s/4a226fbd926cfe793bd4

 

For State Govt information: [for format, amount and mode of payment of filing fee]

Centre/State RTI Rules and Fees - Guide

 

In case if central govt has fully or partially funded this scheme, you may also lodge complaint with Central Vigilance Commission and follow up with RTI by referring:

 

Central Govt. application:

http://www.rtiindia.org/forum/blogs/jps50/19-rti-application-central-govt-info.html

https://app.box.com/s/0fti1wo0urndonb8d7x1

 

You may supply this information to news papers and TV channels, once you have evidence that money has been misappropriated by not providing TVs after using govt money.

 

Most probably, there would be every thing ok on record, but TVs would be missing. Hence you may seek additional information through RTI to further dig out the mess:

 

1. Total number of TVs purchased with certified photocopies of bills and payment proofs.

 

2. Transport details [date, mode, transport company with address, truck number etc] of TVs purchased from vendors godown to actual location.

 

3. Make, model, size and manufacturing company of TVs

 

4. Locations where these TVs have been installed with proof of installation.

 

5. Certified photocopies of advertisements released for tendering purchase of TVs.

 

6. Certified photocopies of scheme framed by State Govt for supply of TVs to labourers.

 

7. Certified photocopies of inspections carried out by govt officers for these TVs

 

8. Certified photocopies of receipts obtained from labourers to whom TVs were supplied, with name and full address of such labourers.

 

9. Names of govt officers, their designations and present place of posting who executed this supply of TVs from tendering to actual installation.

 

10 Present status and conditions of TVs supplied to labourers and dates of inspections if any carried out in 2015.

 

11. I may be permitted inspection of entire file of this scheme and TVs at the place of installation [places of installation will be selected by me after receipt of above information]

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