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damodard29

CVC Complaint

Question

damodard29

One of my friend has complained to chief vigilance commision reg false documents submitted by one port employee to its administration for its investigation in last year.

Now. Here can I,myself file RTI to the cvc seeking information towards its investigation and report instead of my friend.

Here complained has been filed by another person and same information need to be seeked by me under RTI, is this possible.

 

Sent from my vivo 1606 using RTI INDIA mobile app

 

 

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Prasad GLN

As generally thought, CVC never jumps into action.

It performs the job of a post office.  They simply put a covering letter to concerned authority and send the same to the Authority with whom the complaint was made, and in general writes that authority need not respond back to CVC.  The covering letter gets signed by a section officer

In some cases, as eyewash a committee may find some prima facie evidence and asks for an explanation from the authorities, and depending on the influence of that dept.., official, they simply close the case on the basis of that authority's explanation.

Coming to your query on RTI you can seek information from CVO as follows.  RTI through FAA is very effective at CVC and one must appreciate that FAAs' applies their mind and respects RTI.

Information solicited:

1.Please provide me the status of Complaint No..................................filed by............................on.................................

 

Let me confirm that all these are paper tigers and never helps a common man, as the authorities are more influential.  The certain way to get such remedy is only through PLC in HC.  Even in HC it all depends on petitioner's luck in getting such honest judge.  What can a common man offer to any one when compared with influential officials?

Edited by Prasad GLN
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damodard29

Sir, here cpio has rejected my application saying information cannot be disclosed under section 8.(1)(J) without giving any details on it.. 1549085939713

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Prasad GLN

It has become a general practice of CPIO, CVO to reject any information stating 8 1 (j) without offering any justification as required.  But, believe me that FAAs are very sincere in performing their obligations and certainly delivers a favourable order.  I personally feel that because there is a chance for denial, CPIO can deny and if the appellant is persistent, he can get information through FAA orders before going for the second appeal.  This is their tactics.

Grounds for Appeal: CPIO has just denied information seeking exemption of simple quote of Sec. 8 (1) (j) when there is no personal information involved in the query.  CPIO as per law has to justify as to how it is applicable in this issue. Action taken by a public authority on a complaint from a citizen on some irregular actions of officials is not an invasion of privacy and there is larger public interest involved as the information is on Transparency and accountability of officials in dealing with citizen's complaint to the dept., that itself is concerned with such supervision and control.  Please consider the larger public interest of accountability and transparency of dealing in complaints by CVC and providing a public record is not an invasion on the privacy of any individual.  Further as per full bench decision of CIC  denial of information stating that there is no larger public interest is improper.  As the information is available on record on action taken by the responsible official on a complaint from a citizen, please direct CPIO to provide information as there is no invasion on the privacy of that complainant.

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damodard29
It has become a general practice of CPIO, CVO to reject any information stating 8 1 (j) without offering any justification as required.  But, believe me that FAAs are very sincere in performing their obligations and certainly delivers a favourable order.  I personally feel that because there is a chance for denial, CPIO can deny and if the appellant is persistent, he can get information through FAA orders before going for the second appeal.  This is their tactics.
Grounds for Appeal: CPIO has just denied information seeking exemption of simple quote of Sec. 8 (1) (j) when there is no personal information involved in the query.  CPIO as per law has to justify as to how it is applicable in this issue. Action taken by a public authority on a complaint from a citizen on some irregular actions of officials is not an invasion of privacy and there is larger public interest involved as the information is on Transparency and accountability of officials in dealing with citizen's complaint to the dept., that itself is concerned with such supervision and control.  Please consider the larger public interest of accountability and transparency of dealing in complaints by CVC and providing a public record is not an invasion on the privacy of any individual.  Further as per full bench decision of CIC  denial of information stating that there is no larger public interest is improper.  As the information is available on record on action taken by the responsible official on a complaint from a citizen, please direct CPIO to provide information as there is no invasion on the privacy of that complainant.
Here PIO says the information sought is personal nature and public interest not involved towards info seeked to the complaint as per advise recived above... Letter attached.. 1550478234648

Sent from my vivo 1606 using RTI INDIA mobile app

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damodard29

Can this matter to be put up to economic cell or CBI please advise with good draft if possible

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damodard29
Here PIO says the information sought is personal nature and public interest not involved towards info seeked to the complaint as per advise recived above... Letter attached.. 1550478234648

Sent from my vivo 1606 using RTI INDIA mobile app

Here FAA says the information sought is personal nature and public interest not involved towards info seeked to the complaint as per advise recived above... Letter attached..

Sent from my vivo 1606 using RTI INDIA mobile app

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Prasad GLN

Then the only way open to appellant is going for the second appeal and let PIO & FAA establish the personal interest of appellant or that information that amounts to invasion on the privacy of others when the issue is related to the preamble of RTI Act namely Transparency and accountability of officials in treating citizens complaint.  The other way is to let the complainant himself seek such information under the RTI Act, so that CVC may not use this section against complainant himself.

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damodard29

Sir, can this matter be taken to high court for dishonor of RTI laws being section 8 & 9 followed and simply quoting section 8(1)(j) without offering any justification as required, please advise

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Prasad GLN

If one wants to play a game, he must first learn the rules.

Under RTI, any relief/remedy is only as stated in RTI Act.

Except going for second appeal and then to CIC, there is no other way.

If second appeal decision is not satisfactory, then one may go to HC.

There are no short cuts and only one high way and you have to cross the check posts of first and second appeal.

(If only all appellants go to HC after FAA orders, HCs should have been flooded with such writs and made CIC a dummy authority)

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damodard29

Sir, please help me with the content to be written to filling Complaint about this to CIC..

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Prasad GLN

Please understand the difference between a complaint and second appeal.  Complainant is not entitled to information, and the IC may or may not penalize the PIO, unless he is convinced that rejection is deliberate and malafide  99% complaints are simply heard and closed as a ritual.  Under Sec.18, a complainant under RTI Act can only pray for reliefs and not entitled for information.  The action against PIO is in between PIO and IC, and the complainant can only pray but can not insist for information, and other remedies are at the discretion of PIO.

Under the second appeal, appellant can seek all such appeals.  Now, you are not a new entrant to RTI and became as regular and well-known member,  filed several RTI Applications to several public authorities.  It is time to improvise your skills and should be in a position to lead others.  Please study the prescribed format for second appeal in CIC website and state Grounds for Appeal and prayer as follows.

Grounds for Appeal:  Both PIO and FAA failed to state as to how action taken by CVC on a complaint filed by another citizen amounts to invasion on privacy of that complainant, as information on action taken by a public authority is connected to transparency and accountability is involved.  The rejection defeats the very objective and preamble of RTI Act and information was rejected without giving any justification and defeats the objective of RTI Act, hence this second appeal.  The appellant considers the rejection as deliberate and malafide.

PRAYER: Appellant prays for directions to CPIO for providing of the information as expeditiously as possible free of cost and further prays for penalty and recommendation for disciplinary action, treating rejection as deliberate and malafide.

Make it a point to first send the copy to CPIO, and invariably enclose the self-attested postal receipt copy with your original set of the second appeal to CIC.  Please send only one set of second appeal to CIC and self attest all copies.  Send the appeal by Regd post and track the status of delivery in indiapost website, and search in website of CIC about such numbering after one week.

 

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damodard29

Sir, I have filed a appeal to CIC in this case..

Sent from my vivo 1606 using RTI INDIA mobile app

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