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harindersinghrawat

Judgement of Information commission

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harindersinghrawat

Sir,

Today itself I received Rajasthan information commissions order copy regarding my RTI appeal No. 623/2018  dated 22/05/18.

I am very sad to inform you that neither I received any kind of  information from respondent side till date nor any notice regarding hearing of my appeal.

Without being heard my part Commission gave judgement against me.

I was not given any notice of hearing by Commission .whereas in my i gave my email id also but no electronic intimation sent to me regarding hearing as a result decision against me.

I don't understand how commission convinced that pio supplied information.whearas not a single letter sent to me by pio.

PIO has intentionally told lie to commission that they have supplied information in order to hide their malpractice done during land registration of khasra no. 2654 and 2658.

Please Sir help me and guide me what to do next.

I even tried to contact information commissioner on phone, but no response,

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garg0505

May I suggest you that send your complete documents through WA to Adv.Ruchita J and her WA number is 9429518514.

She is RTI expert.

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Sunil Ahya

You can file a Complaint u/s. 18(1) with the Information Commission.

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harindersinghrawat

Sir,

Today itself I received Rajasthan information commissions order copy regarding my RTI appeal No. 623/2018  dated 22/05/18.

I am very sad to inform you that neither I received any kind of  information from respondent side till date nor any notice regarding hearing of my appeal.

Without being heard my part Commission gave judgement against me.

I was not given any notice of hearing by Commission .whereas in gave my email id also but no electronic intimation sent to me regarding hearing as a result decision against me.

I don't understand how commission convinced that pio supplied information.whearas not a single letter sent to me by pio.

PIO has intentionally told lie to commission that they have supplied information in order to hide their malpractice done during land registration of khasra no. 2654 and 2658.

Please Sir help me and guide me what to do next.

I even tried to contact information commissioner on phone, but no response,

New Doc 2018-07-09_1.jpg

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Prasad GLN

Don't get disappointed, this is a game and there are smart PIOs that can convince IC with their soft manners.

Irrespective of the background, once decision is announced, though there is apparent blunder, the decision cannot be reviewed.

Explore other alternatives or if you can afford to go to HC and file writ exposing the scam.  

The other way filing another  RTI Application to same PIO and seeking information.

1.Please provide the certified copy of information provided by PIO to RTI Application dt.....in which PIO has stated correct, complete and relevant information.

Then file a complaint on the basis of this response under Sec.18 and Sec.20 for misleading Hon IC through incorrect and misleading statements.

As per my understanding, this is a fraud (Misrepresentation is also a fraud as per SC decisions, and PIO had unlawful gain), any advantage gained through fraud from any authority or forum is non est in eye of law.  This is also a criminal offense.

But so far none of the applicants exposed these kinds of fraud.  I am one victim.   My case is too serious, and the second appeal is on deemed denial, as two RTI Appeals are pending, even without studying the contents CIC disposed the appeal stating that  they have  gone through PIO information (which was never there) PIO has provided correct information.  I have followed it for six months spent around Rs.1,000/- to be finally told that the file was weeded out.  Later I came to know from one of the decision in our Hon CJK's  case, that none of the files in CIC were ever weeded out.

Depending only on RTI alone is not proper.  Develop alternatives through Plan A and Plan B etc., if information is priority and focus.

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Prasad GLN
Posted (edited)

There is no use over crying spilt milk, and IC can not review the decision.  Infact where there is error apparent on the face of it, they must review it.  Even HC in one  famous LIC Lift case suo motu  rectified  their judgment, and this can not be said to each and every other ICs.  But I have yet to see such review from SIC.

Go for writ before  High Court, if you can afford and if information is important.  Most of the citizens do not want to bring logical  end and  only take a chance through RTI.  .  It all depends on your urgency and importance of information.   If you can afford, please teach them a lesson once for all, as you can bring a valuable judgment for community as a whole.

Please continue your thread/post on one issue in that post/thread only and never post piece meal posts in every thread, as this is against discipline of the forum.

Ask a friend or relative seek same information from a distant place.  

Edited by Prasad GLN

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harindersinghrawat

Thank u sir,

Kindly tell me how to criticise their judgment and made to know them that they did wrong. So that it may beneficial for other cases of appeal.

Also suggest any good lawers if you know in rajasthan high court, jodhpur for further course of action.

Sir चुप बैठ जाऊंगा तो औरो के साथ भी ऐसा ही करेंगे।

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Prasad GLN

Before going to HC, get facts right through certified copies like filing RTI Application to SIC and asking them 

1.Information provided to appellant as per their record.  2.Written arguments or notes taken by IC on PIO submission. 3. Copy of Hearing notice sent to Appellant with such service proof (Principles of Natural Justice) 4.Exact laid down norm for sending hearing notice as per SIC rules.

Then depending on facts you can contact one of the several activists (I could not suddenly recollect the name of our member, as he stopped visiting the forum) and there may be samaritans  who can just charge actual expenses and fight for RTI cause.

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harindersinghrawat

Sir thank u

सर आज मैंने रजिस्ट्रार से बात की और बताया कि मै एक  डिफेन्स पर्सनल हु और बताया कि इस सूचना के लिए मैंने डेढ़ साल इंतेजार किया, क्यों कॉमिशन ने मुझे नोटिस नहीं भेजा! तो सर जवाब मिला हम नार्मल डाक से नोटिस भेजते है और हर Friday वेबसाइट पर अपडेट करते है और डिफेन्स पर्सनल हो तो कोई हम पे ऐसान थोड़ी कर रहे हो. बस sir, I felt very bad , I understood their mentality  and just dropped my phone after saying thank u to him. Being a constitutional agency  even after one and half years of waiting time failed to provide information from pio . फिर अपना देश कैसे बदलेगा सर!!

Very soon I will share all correspondence letter with forum.

Sir, kindly help me to manage me to get contact details of good spirit lawyer in rajasthan high court, jodhpur.  I will pay for his work and spirit

My email id :harindersinghrawat@yahoo.co.in

 

Thanking you

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Prasad GLN

Just focus on information alone.  Do not complicate the way with waste correspondence and spending amount for no purpose.  Contact the above RTI expert and come back to forum with developments.

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harindersinghrawat

Ok sir, thank u for guidence

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harindersinghrawat

I shared all documents with Adv. Ruchita J ma'am and requested for suitable time to contact her.

Sir, plz keep guiding me.

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Prasad GLN
Posted (edited)

Very fast follow up.  We are  always with you. and  with every one that fights for a cause. This is not  only your personal issue, but  it brings a good decision.  (How unfortunate, Information commissions are experiencing shortage of such commissioners,  even in those ICs if ICs continue to disappoint appellants after long wait of 2 years, it is most serious .

Also explore other remedies under CP Act, if you have paid any consideration for the services, as it is also fast and you can get compensation.  (Not on IC..against original issue)

Edited by Prasad GLN

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harindersinghrawat

Sir, I paid Rs 300 ( 10 applicant fee + 290 for photocopy charges).

Sir, does it mean that I have paid for service to get information from PIO, which was never gave to me by PIO.

Plz clarify under Consumer protection Act.

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harindersinghrawat

Will CP Act can help me to get information ??

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Prasad GLN

RTI applicant is not a consumer.

But if you have paid such service charges for copying and not been provided copies amounts to deficiency of services.

You can issue a notice to the concerned officer that demanded the copying charges demanding for such copies and then proceed as per CP Act.  Never, never say Public Information officer in the notice and state designation of such officer in Public authority.

To...............

.......................

I have paid Rs.290/- as copying fees for certain documents as demanded by you.

I have neither received such certified copies or refund of the amount till date.

Please note that I have to proceed legally if  documents are not provided or amount with compensation of Rs.10,000/- was not made within 15 days from date of this receipt of notice.

 

(...........................)

Full address.

 

I am afraid that you are not coming out with full facts.  Have you remitted that amount after receiving such demand from SPIO or on your own ?

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harindersinghrawat

I sent these amount in advance along with my RTI application ,assuming that IPO of (100×3= 300 and mentioned rs 10 for Applicant fee and remaining rs 290 for photocopy charges ) will be sufficient for photocopy.

I also wrote in rti that kindly send me information through registered post.

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harindersinghrawat

Sir, plz check these

Screenshot_2018-07-11-17-06-52-027_cn.wps.moffice_eng.png

Screenshot_2018-07-11-17-07-11-622_cn.wps.moffice_eng.png

Screenshot_2018-07-11-17-07-24-398_cn.wps.moffice_eng.png

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Prasad GLN

The fundamental mistake is that members do not care to read atleast relevant six sections in RTI Act and  assume that RTI is solutin for all remedies like Jinda Tilasmat.

RTI fee can be sent only after getting such demand with calculation from PIO and never with application.

Seek refund  atleast.  .  This is more serious.   On their own PIO should refund the amount.  It appears that even after second appeal decision, PIO has neither provided information nor refunded the amount.

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harindersinghrawat

Acknowledged sir,

Next time, I will wait till pio demands photocopy charges

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harindersinghrawat

 I sent these messages to information commissioner who passed order on his mobile.

[11/07, 21:51] °"°": महोदय, संवैधानिक  संस्था जब आम आदमी के अधिकारो की रक्षा न करे वो भी तथ्यों के होते हुए भी उनकी अनदेखी करते हुए फैसले देना स्वाभाविक ही संस्था पर से आम आदमी का विस्वास ख़त्म कर देने जैसा होता है  

 संस्था एवं उन से जुड़े लोगो आम आदमी की नजरों मे अपना महत्त्व खो देते है
[11/07, 21:55] °"°": संस्था , मेरे क़ानूनी आधिकारों की रक्षा करने मे विफल रहा , सही होते हुए भी संस्था ने मुझे न्याय दिलाने मे पूर्ण रूप से विफल रहा।
[11/07, 22:04] °"°": माननीय, सूचना आयुक्त महोदय से निवेदन है कि मुझे सूचना तो आपने नहीं दिलायी कम से कम मेरे मेहनत से कमाई धन राशि जो की 290 रूपये फोटोकॉपी शुल्क जो लोक सूचना अधिकारी को अदा किये थे वो तो वापस दिलाने का आदेश तो दे ही सकते है।
[11/07, 22:19] °"°": यहाँ तक की माननीय उच्च न्यायालय ने आपने एक महत्वपूर्ण  फैसले मे (LIC Lift case)  का स्वयं संज्ञान लेते हुए अपनी गलती सुधारते हुए फैसले मे सुधार किया था

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harindersinghrawat

Mujhe purn umid hai ki en bato ka un par koi phark nahi padata. Unhe tho aapni salary se matlab hota hai

Unhe is ka kya phark padega ki kisi ko nayay mile ya nahi.

But still see , we get response or not.

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Prasad GLN

Believe me, the subordinates will not even bring this to attention of IC,  they mention reference of Judgment and wash off their hands. 

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Prasad GLN

Try whether this decision where HC ruled that Hearing by IC is mandatory before second appeal.

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ LPA 724/2015

SHANTI PRAKASH ..... Appellant

Through: Appellant in person.

Versus

CENTRAL INFORMATION

COMMISSION & ORS ..... Respondents

Through: Mr.Anil Kr.Sangal, Adv. with

Mr.Siddharth Sangal, Adv. for SBI

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harindersinghrawat

Sir, attached order of LPA 724. Will it work for me. 

Sir, plz shares few more such judgements which may be helpfull

149411_2015.pdf

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Prasad GLN

Members can only guide but not guarantee on performance of others.

You have only attached the Delhi HC Judgment stated by me.

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    • sharmajee
      By sharmajee
      Dept of Adm Reforms, Rajasthan has by its circular dated 29.04.14, has issued directions to all PAs, that no RTI applicant should be compelled to give his identity or address or any more details (except for the reason of sending postal replies). Dept of Adm Reforms, Rajasthan has clarified if RTI applicant has given post box number than information shall be provided at post box number and no more personal details should be asked. In this they have cited directions given by calcutta high court in the case of Abhishek Goenka v/s Union of India in writ no. 33290/13, decision dated 20.11.13.
       
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