Jump to content
News Ticker
  • NPAs under PM Modi's Mudra scheme jumped 126% in FY19
  • shows RTI
  • RTI query reveals banking frauds of ₹ 2.05 Trillion reported in the last 11 years
  • 509 per cent rise in cases under child labour law: Study
  • The Central Information Commission has allowed disclosure of file notings on the mercy petition of a rape and murder convict, rejecting the government's contention that the records cannot be disclosed as these are privileged documents under Article 74(2) of the Constitution.
  • Electoral bonds worth over ₹5,800 crore were bought by donors to fund political parties between March 1, 2018 and May 10, 2019, a Right to Information reply has said.
  • Don't pay 500/- for answer sheet now- Supreme Court says if Answer sheet is asked under RTI, RTI Fees will be governed
sharmajee

Raj High court set aside order of Raj SIC

Recommended Posts

sharmajee

Friends,

 

Happy to inform I had filed a case (shared in this forum than) against illogical decision of SIC, Raj in 2012. Ultimately yesterday final hearing was done and case was decided in my favour with cost on PIO (Chief Engineer PHED) to be recovered from his salary.

 

Brief Summary of my case

 

RTI application made to Chief Engineer PHED with IPO.

PIO returned my application with IPO saying that apply to another PIO.....

Filed complaint to SIC Raj u/s 18 for refusal to accept and/or transfer of my RTI u/s 6(3)....

 

SIC directed me while disposing my complaint, to approach PIO again with in 7 days and also observed that there was no error done by me while submitting my RTI request.

 

Ground taken by me in court:

1. SIC cannot order other than penalty on my complaint (cited Manipur case)

2. Cited 2 similar cases of same SIC, where in application with fee was returned by PIO to applicant and SIC had noted in his decision that there is no provision in RTI act to return the fee/application, hence PIO was directed to provide information (hence discrimination with me).

3. Cited Namit sharma case, which bounds SIC and similar tribunals to abide by laws of precedence set by High courts and SC.

 

All the points well accepted by learned justice of Raj HC. Soon I will upload copy of judgment as soon as I get it from court.

 

Last but not least, I must thank this forum and many stalwarts of this forum who motivated me by their learnings, experiences and their quest for fight for justice.

Share this post


Link to post
Share on other sites
Prasad GLN

At least, some members are trying to get things straight through such judgments even on simple matters, without ignoring such SIC violations. Certainly, it helps common man.

After going through judgment, one has to see it's affect on some CIC decisions, wherein IC decided that applicant has to file application with relevant PIO of that Public Authority only.

Share this post


Link to post
Share on other sites
sharmajee

Attaching newspapers reports on my judgment.

 

Awaiting my copy of judgment.

Patrika 28 Aug.jpg

Bhaskar_28-08-16.pdf

Share this post


Link to post
Share on other sites
sharmajee

Please find enclosed scanned copy of order.

 

Can anybody help rotating this order and save correctly.

Share this post


Link to post
Share on other sites
sharmajee

find attachment..... unable to attach judgmentm (pdf)......need help

Share this post


Link to post
Share on other sites
sharmajee

Find attachment of Judgment in my writ 17123/2012, in the matter of M K Sharma v/s Chief Engineer PHED, Jaipur & Anr

Share this post


Link to post
Share on other sites
RAVEENA_O

Here is the Synopsis of the case:

 

[ATTACH=CONFIG]14559[/ATTACH]

[ATTACH=CONFIG]14560[/ATTACH]

Share this post


Link to post
Share on other sites
Deepak Dang

One more success energize us to fight the corruption/ callous attitude & discriminations by authorities.

Share this post


Link to post
Share on other sites
Prasad GLN

As discussed in many times, neither it gives any encouragement nor prevents the callous attitude of PIOs and discrimination by authorities.

It is like a surgeon doing bye pass surgery of heart, when the patient complains of abdominal pain due to gall bladder stones.

Wherever appellant is powerful, have perseverance, financially sound, knows HC system and knows to present the case as party in person, most of CIC./SIC decisions can be certainly reversed. Unfortunately appellants lack all these qualities.

When ICs are having a right attitude, then PIOs must frighten if any one goes for second appeal.

A time should come when PIOs fear if appellant goes for second appeal, now they challenge us go for second appeal and openly state yes. we know that we are not correct. What is the value of that information after two years, God only knows.

If the cat is blind, the mouses show it their tail.

We can only pray God for appointment of those ICs that can make difference and bring a change.

You may not be knowing, ask our Hon CJK, whether there is discrimination and lenient attitude towards RTI appellants in HC or not.

Finally back to Karma Siddanta, and luck.

Whenever there is larger public interest involving funds of more than one crore of Govt, there should be a green channel for settling the case within a month after collecting fees of Rs.10,000/- from appellant, and in case if the decision is in appellant's favour, costs of minimum Rs.25,000/- should be provided through recovery from PIO and the Government can immediately recover the financial loss.

Share this post


Link to post
Share on other sites
Prasad GLN

Please read another thread opened to day. Excerpts provided below.

 

"Former information commissioner Shailesh Gandhi believes the Supreme Court’s stance towards RTI has changed in the past few years.

 

If I look at the Supreme Court judgments on transparency and Right to Information before the Act came in 2005 and after the Act, it looks like these are two different countries, two different courts,” he said. Gandhi said he had earlier come out with another report which showed how out of 17 orders of the SC on RTI, in only two it ordered information to be given.

Judiciary Does Not Want Any Accountability or Transparency, Allege RTI Activists

Share this post


Link to post
Share on other sites
Deepak Dang

From the status explained by Ex-IC Mr. Gandhi in his book at google, it is clear that public, having faith in judiciary may realize that the fundamental rights are for books only, Courts are guard only with library closed board. It needs hammering regularly with the help of good senior lawyers,

Share this post


Link to post
Share on other sites
sharmajee

Despite High court orders in August'16, in my writ 17123/12, neither than PIO PHED to whom I applied for information(who retired) nor current PIO paid Rs 25K cost to me. As an alternate measure I filed a contempt petition before High Court, Jaipur.

 

Friends I am happy to share during yesterdays hearing PHED's advocate confirmed sending me a DD of Rs 25 K, which I have recd today by post. This sum of Rs 25 K was collected by dept from than(retd) PIO and than sent tome.

Share this post


Link to post
Share on other sites
Prasad GLN

CONGRATULATIONS.

Please inform whether it is compensation or paying costs.

Share this post


Link to post
Share on other sites
sharmajee

It is cost

Share this post


Link to post
Share on other sites
Prasad GLN

So even for payment of costs awarded by courts, are the officials following the same delaying tactics ?

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Restore formatting

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.


  • Similar Content

    • rpbaranwal
      By rpbaranwal
      Freinds... I need help... Having heard about RTI, I thought if I can use this too. I have a peculiar situation here. A court case is supposed to be listed. Now ordinarily the case should be listed every week, however every week, the listing date is postponed for another week. Now my question is how RTI can be helpful for me to get this case listed.
      And I did some inital searches and found that high courts does provide RTI facility specially if matter is administrative. And here since I just want the case to be listed and heard by a learned judge.
      On further searches and analysis, I learned that all this is hppenign because some employees of computer department at high court (responsible for creating list of cases to be heard on a day) and 'Peshkar' or (Orderly whosoever) are being paid by opposite party just to keep the case from appearing in to the list.
      If any of you have come across with such situation and share your expereince, I would be thankful.
    • gocam
      By gocam
      I had downloaded a judgment from either the Delhi High Court or the Madras high Court ruling that a transfer of a RTI application under section 6(3) is valid only between one public authority to another and not internally.
       
      Does anyone have the copy of the judgment? or where can I find it?
       
      Thank you.
×
×
  • Create New...

Important Information

By using this site, you agree to our Terms of Use & Privacy Policy