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Debashis Basu

Court Officers or Recievers in legal case are under RTI Act ?

Question

Debashis Basu

1. I do need help of fellow RTI Activists to locate the PIO name and address of Calcutta High Court.

 

2. Court appoints receiver or Administrator in different legal cases who are nothing but "Court Officers" . They are generally advocates or Legal Practitioners who are members of Bar Association.

 

3. All courts are wholly financed by Govt. Hence courts are PA and comes under RTI Act 2005 ??

 

4. All district courts come under High Court of that state. Hence PIO of High Court should be questioned for a "court officer" or receiver appointed by District court ?

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Debashis Basu

I am waiting for a reply / advice from fellow Activist.

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Abhinav Bohare

Nice query Basu ! But I would also like to ask that what is the reason for the same or say WHAT information you are trying to gather in public interest from the above query.

 

The thread is really interesting ... I would like to know ...the reason ...If You want ?

 

I would also like to add that Yes they are under the RTI Act and Yes they can be questioned ...And they are questioned...

 

 

 

Thanks

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Debashis Basu

The Public interest points are :

 

1. Such Court Officers are always appointed by court with a rider - "to submit monthly accounts with court". Please notice that there is no provision of audit by a court approved CA. Court officer (read receivers or court appointed administrator -pendalite) can submit anything as "proper accounting ". Misappropriation of fund can not be ruled out in the absence of expert scrutiny.

 

2. Judges get transferred from one state court to another state court and even their charges changes within the court. Many such court appointed officers do not submit any accounts at all or file some abra-cabra with the court clerk taking this advantage. Courts are over burdened with cases. even proper complain of mis-appropriation or impropriety by such court appointed Receiver or Administrator takes 5 years to be heard or judged.

 

3. Such Receiver / Administrators sell off litigant properties in a so called "open tender" to meet exigency (whatever it means) expenses. It is always unknown which court has allowed such sale by Receivers / Administrators.

 

4. Justice Soumitra Sen of Calcutta High Court had to return Rs 54 lac (in June 2006) under court order of Brother Judge Justice Kalyan Kumar Sen Gupta as he was court appointed receiver

in a case and the designated bank a/c under court order did not have that much of fund left. Since then Justice Soumitra sen is on leave (My last information is that.)

 

If it can happen in Calcutta High Court - I can well imagine the conditions in district courts where supervision will be of further low quality and litigants in district court are really poor (at least in West Bengal) for effective chasing or follow up.

 

5. I have a specific case example in my hand for which I want to initiate action under RTI Act.

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Debashis Basu

RTI Activists

 

What is the answer to my query -- Are court officers covered by RTI Act 2005 ?

 

Who is the PIO of Calcutta High Court ?

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Abhinav Bohare

Hope this helps you

 

In exercise of the power conferred by sub-section (1) of Section 28 read with Section 2 (e) (iii) of the

Right to Information Act, 2005, Hon’ble Chief Justice of the High Court Would implement RTI Act

 

And the PIO etc would be Joint Registrar (Establishment) State High Courts, Appeal Authority would be Registrar (Estb) and Asst PIO would be Asst Registrar (estab)

 

HOPE THIS HELPS YOU

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abhijeet

Thanks MR Bose .

I am also very much interested to have this information.What type of information we may get from the High Courts ? Who is the PIO ? what amount of fee we have to submit etc. If any body can provide--- Abhijeet

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colnrkurup

I had a similar problem with High Court of Kerala. I had adressed "State Public Information Officer of High Court of Kerala, C/O Registrar General, HighCurt of Kerala, Cochin " It was promptly responded by HighCourt giving me the information sought for. I think similar address should work in Calcutta also.

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abhijeet

The question is -what type of information we may expect from the PIO of High Court . We have few cases pending in the HC, would the concerned PIO inform the status of those cases and when these would be taken up for hearing etc?--- Abhijeet

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Debashis Basu

Dear Abhijeet

 

Information like hearing date etc of a particular court case are generally given by "Cause List" and you can get the same from Website of the court. PIO involvement is not required as this matter related to Court or Judge a separate jurisdiction all together.

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Abhinav Bohare

Dear Friends

 

Delhi High Court has got a well defined e-support for RTI Act . Even Other official sites of various High courts have categorically given the WHY WHAT HOW etc of RTI Act and High Court.

 

Delhi High Court

 

This Link would surely help you all. The have given a complete MS-Word Notification OF RTI ACT and High Courts coverages Under RTI Act. Fees structure etc . The Notification is almost same in all the high courts in India.

 

I am sure this would help you all Basu

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Abhinav Bohare

Sorry Unable To Under Stand How It Got Posted So Many Times

 

Very Sorry..i Know Some Toggle Key Mistake

 

Sorry

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Debashis Basu

There is no such notification from Calcutta High Court.

 

I am still waiting to learn whether Court appointed receivers / administrators in a legal case are covered by RTI ACT 2005 ?????

 

Is there no RTI Activist in Delhi who will challenge the unilateral fixation of application fee under RTI Act or various rules designed by Delhi High Court? I have read their "rejection" form carefully. It is the PIO (Authorized Person as per Dehi High Court) who should internally transfer the application under RTI Act to the concerned department PIO. How can he reject and return ????

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abhijeet

You may contact Sri Pabitra Roy Choudhury, who may help you in this regard. When his mail address will be available to me , I shall inform you--- Abhijeet

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Abhinav Bohare

Just a general request pl post any name or email id to any individual member through Private message system in rti portal.

 

Thanks

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Debashis Basu

Abhinav

 

Answer please on my observation of Delhi High Court framing of RTI rules.

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Abhinav Bohare

Dear Basu ,

 

Half knowledge is dangerous...

 

I am speaking with the concerned and would get back within a day about your query ...

 

And fact is brother...You always bring absolutely different and pivotal query...So it needs serious look in...

 

I would also request you to kindly find my private mail on the same

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Abhinav Bohare

So hope u have he answer Basu in the private message

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