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Guest pcbali

The District & Sessions Judge, Amritsar replies is strange against my appeal to him as FAA

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Guest pcbali

I have asked some information from the PIO of District & Sessions Judge, Amritsar as follows

 

a) Email Ids of Hon’ble District & Sessions Judge, Amritsar as well as all the various courts under your jurisdiction.

b) Web address of office of The District & Sessions Judge for finding the information put on it as desired by RTI Act 2005

 

On no receipt of reply I preferred 1st Appeal to the D&S Judge as he is FAA. Instead of adopting the appeal procedure, he has sent me a strange letter which is as follows

 

True copy of the letter from The O/o The District & Sessions Judge, Amritsar

Against my 1st Appeal to him as FAA

 

 

No. 3742

 

From

 

The District & Session Judge,

Amritsar.

 

To

 

Sh. Parbodh Chander Bali

S/o Gian Chand Bali

R/o 16-Shiv Nagar, Batala Road,

Amritsar.

 

Dated, Amritsar the 4-5-/2010

 

Subject: Supply of information under RTI Act, 2005

 

Ref. : Your request dated 11.3.2010

 

MEMO

 

 

You are hereby directed to send the details of your identity and also for what purpose, you have made request to supply the information regarding e-mail IDs of Judicial Officers & web-site address of this Sessions Division.

 

 

Sd/-

District & Session Judge,

Amritsar

 

 

Just comment, how one can get justice when such is the response from such an office of high esteem. Is it legal? Just send your opinion that what should I do, should I reply or file direct complaint to SIC?:(

2 Appeal to FAA.doc

1 RTI FORM A.doc

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karira

You should thank your stars that the Hon'ble judge did not threaten you for contempt of court and for demeaning the judiciary !:D

 

You have already filed first appeal.

 

Now file Second Appeal to the SIC.

 

The grounds will be:

 

1. Sec 6(2) of the RTI Act only mandates that the applicant has to give his address for communication purposes only. No identity proof is required.

 

2. Under the RTI Act no reason or purpose needs to be given for seeking information.

 

3. The FAA has not addressed your main issue in the First Appeal - non provision of information.

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Guest pcbali

Haha, let him do it too, we will have to present ourselves to the atrocities of the anti RTI elements for making a smooth path for our clean contry's next generation.

Any how I have prepared the reply to the D&S JUdge. I infect want to give him full time of 30 days atleast out of whcih 15 day have passed already. he may call me for appeal proceedings and let me see what does he say. See the letter and let the community comment

 

Date: May 8, 2010

 

 

Parbodh Chander Bali,

16-Shiv Nagar, Batala Road,

Amritsar (143001)

 

Phone +91XXXXXXXXX

Mobile: +91XXXXXXXXX,

email: XXXX@YYYYY

 

 

To

 

Hon’ble District & Sessions Judge,

Amritsar

 

 

 

REG: My application for information under RTI Act 2005.

REF: Your office letter no.3742 dated 04/05/2010 delivered today at my address by your messenger.

.

 

My Lord,

 

 

I am in receipt of your letter and most respectfully submit

 

 

 

1) That u/s 6 (2) of RTI Act 2005, it is laid that “An applicant making request for information shall not be required to give any reason for requesting the information or any personal details except those that may be necessary for contacting him”

 

2) That u/s 7 (1), any reply to the RTI Application must be from the PIO himself and under his own signatures and designation.

 

3) That u/s 19 (6), you being the First Appellate Authority, is to decide my 1st appeal definitely with in time slot as laid in act.

 

 

 

 

Thanking you.

 

Yours faithfully

 

 

Parbodh Bali (Mobile No. XXXXXXXXX)

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Guest pcbali

In his letter, the D&S Judge has not taken the note of PB & Harya HC rules which say that applicant should paste Rs.50/- court fee on application. What is your idea sir, can he take this ple now in SIc, if he has replied me and not taken the objection, the opurtunity is gone.

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karira

Yes, he might.

If he does that, then in the SIC you reply that what were the PIO and FAA doing till then - sleeping or what ?

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Guest pcbali

All true activists from Punjab & Haryana, must start with their respective D&S Judge, asking the disclosures under Sec 4. If courts ones start adhering to RTI mandates, I hope the system will speed up to gear up the desired scenario. Ones the Judicial Officer start respecting RTI Act; I hope that they will also incline towards imparting better decisions/ Justice in future in RTI appeals. Ones Judicial Officer start loving RTI and voluntarily respecting the RTI Act, the effect will be very deep. Ultimately, HC & SC will be chaired by them later on. Please make efforts to needful. Make them habitual of RTI.

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Ketan Modi

Dear Bali Sir,

 

I suggest that you file another application u/s 6(1) and this time ask for the reasons of the FAA in terms of Section 4(1)(d) of the Act, as in his role as FAA under RTI, he is a quasi judicial authority, for directing an applicant/appellant to furnish information/s that are not provided for in the statute. Also request for 'information on the authority/provision under which his office has been empowered to 'use provisions of the statute to some whims and fancies.' I think you can use these two words as even Supreme Court has used it in one of its order hence it is perfectly parliamentary. Give him a headache that starts at the bottom and by the time it reaches top his head should be in smithereens. Happy information seeking.

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Guest pcbali

I am obliged; I am going to file SA as the time is due. Regarding your suggestion to file a fresh application to the D&DJ, can you please draft the application roughly so that I may understand it better?

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Sajib Nandi

pcbali,

 

Will it be possible to post draft of your SA here?

 

Regards.

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Guest pcbali
pcbali,

 

Will it be possible to post draft of your SA here?

 

Regards.

 

Oblige me by sending as attached file and send me as private message or even the rough application can be sent on with this thread too.

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premeet01245

just chili

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Guest pcbali

The PIO has replied after 75 days on 27/05/2010 as follows

 

As per rule 4(b) of the Punjab Subordinate Courts (Right of Information Act) Rules 2007, enacted by the Honorable High Courts, vide its correction slip no. 142 Rules II D.4, dated 14/08/2007, “the information which is unwarranted invasion of privacy of the individual has been exempted from the disclosure of information”

 

I immediately sent this information to FAA (District Session Judge) that PIO has replied me, about which I am not satisfied and I had already send you an appeal on 21/04/2010, so you are to decide it by 08/06/2010 maximum or otherwise I will file 2nd appeal.

 

I have received today on 5/6/10 a summon from The O/o the D&S Judge to appear before him on 7/6/10.

 

On safe side, I have prepared my written arguments.

 

Forum members please comment and suggest any addition or deletion.

 

BEFORE THE LD. DISTRICT & SESSIONS JUDGE

AMRITSAR

 

Written Arguments of Appellant

 

Appeal dated 21/04/2010 under RTI Act 2005

Fixed For hearing on Date 07/06/2010

 

 

Parbodh Chander Bali

16-Shiv Nagar, Batala Road, AMRITSAR- 143001 Appellant

Tel: 0183-2273428, Mob: 9417010035

Email: pcbali@rediffmail.com

 

V/s

 

The Superintendent,

O/o District & Sessions Judge, Amritsar Respondent

 

Sir,

 

 

It is respectfully submitted that the above appeal is fixed for 07/06/2010 (as per letter no. 4468 dated 05/06/2010 from The Superintendent, O/o District & Sessions Judge, Amritsar

 

With due honour, I submit my arguments as under.

 

1) The PIO has erred in interpreting and applying the Rule 4(b) of the Punjab Subordinates Courts (RTI Act) Rules 2007 (further will be called as “Rules”) to my application for information. It is submitted that I have asked for emails ids of Ld. District & sessions Judge Amritsar as well as all the various courts under his jurisdiction. The language is very clear that I have not sought for PERSONAL email ids of the judicial officers rather I have asked for OFFICIAL email ids of the courts. The official email ids are neither confidential nor secrete. The reason of denial by PIO “the information which is unwarranted invasion of privacy of the individuals has been exempted from the disclosure on information” is incorrectly imposed as follows.

i) The enquiry made by me is not about “Individuals” but it is in general with respect to designation and related with the officers in capacity of their designation which may be occupied by any judicial officer by orders of competent authority, throughout the times to come.

ii) If the prudent examination of the Rule 4 (b) is made, it is expressively putting stress on the third party Individuals. The rules have not meant it for the Judicial Officers; rather it is impliedly for any other individuals from general public. Otherwise the Rules could contain the words “Judicial Officers” instead of “Individuals”. The PIO has bent it tactically for his own department.

iii) The larger public interest of the applicant has also not been observed, analyzed or mentioned in the reply of PIO in negative which is the equating part of this rule. A letter No. 3742 dated 4/5/10 was issued from O/o District & Sessions Judge asking me the reasons for asking information which was replied by me on date 8/5/2010 by speed post. The larger public interest and other reasons for the need of information were well informed at the concluding Para of my letter. The PIO has not mentioned, accepted or refuted my letter and had replied me in negative. This is not justified on his part.

iv) The website domain and email ids of District & Sessions Judge are mandatory under the Rules No. 3-Para-2 as an applicant can make the request through “Electronic Form”. The request by electronic form can be made only and only if official email id or website are available which must be public and well known to citizens of India

v) The Form B,C,D & E as appended with the Rules do have entries of “E-Mail, Web-site and telephone number” at the end of the form which are to be filled by the PIO and FAA while making written communications as per the subject of the Forms appended with Rules with the applicant. This mandates the availability and imparting information of their email ids and website domain from the PIO and FAA.

vi) The notification no.326 Rules/II D.4 dated 16/08/2007 of Punjab & Haryana High Courts, have designated the APIOs, PIOs and FAAs of the subordinated courts and D&S Judges, CJs, CJMs, Sr. most Judicial Officers and Judges - courts of small cause all have been designated as Appellate Authorities while the concerned staff has been designated as PIOs or APIOs. AS per Rule 3 Para 2, the application in electronic form can be sent to APIOs or PIOs. As such all such officers designated as APIOs or PIOs are designated Quasi Judicial officers, separately under RTI Acts apart from their routine designation of Judicial or Non judicial officer under Punjab & Haryana Judicial services. As it is mandatory and statutory, they all need individual email ids and a comprehensive website domain for applications and exchange of the information and speedy communication which RTI act demands being a time bound activity.

vii) The Rules have no where claimed that the provisions and mandatory requirements of RTI Act are not to be obeyed, observed and respected by the Subordinate courts. The mandatory Proactive Disclosure under sec 4 of RTI Act is must and time bound as per act. Rules have also not empowered and authorized the Subordinate Courts to disobey the RTI Act as a whole. Rules have made only necessary amendments to some issues which are as explained in Rules. The rest of provisions of RTI Act are still mandatory on Subordinate courts. My application is well with in the ambit of the RTI Act and nothing objectionable or deniable has been sought from the PIO.

 

The reply of PIO is as such rebutted strongly being neither as per RTI act nor as per Rules in letters and spirit.

 

2) As per Rule 6 (ii), (iv) the reply to my application was desired maximum with in 30 days from the PIO while he has replied me on 27/05/2010 against my application received with him on 12/03/2010. There is gap of 75 days and reply is late by 45 days which attracts penalties under Rule 9 (i) & (ii)

 

3 That the reply of PIO is also defective on not giving the Form D in order as desired in rules. He has neither given email id, website and telephone number at the end of form.

 

Relief Sought.

 

1) The information be provided by PIO to me with undertaking from PIO that the information is up to date & complete

2) Penalty to PIO @ 50/- per day for not supplying me correct information till this date.

3) Any other relief which the honorable commission finds fit.

 

Thanking you,

Yours faithfully,

 

Parbodh C Bali

Appellant Place: Amritsar Date: 07/06/2010

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smbhappy

D&S Judge is also a Public Authority all by himself. He is also playing the role of FAA.

 

Judges are there to enforce the rule of law. This D&SJ himself is flouting the provisions of the law. Section 4, 5, 6. 7. 19 of the RTI Act. It is a miscarriage of the Justice at the hand of a Judicial Officer, who will soon be elevated to the bench. A copy of the appeal should also be addressed to the Inspecting P&H High Court Judge or the Chief Justice (along with all enclosures to take a suo moto notice of the same and to initiate some sort of departmental action.

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Guest pcbali

I appeared sharp at 10 Am at O/o D&S Judge. I was called in chamber at 10.25 Am. The most strange and illegal was that no PIO was present and I was being questioned and argued by FAA himself. It was felt that no PIO had not been summoned to argue. I did not object for some reason I will make this issue in 2nd appeal). The FAA cum D&S Judge was continually rejecting my request on pretext that heavens are going to fall if the ids of Judges are made public. He further added that some may make email that so and so Judge has demanded Rs.5 Lacs as bribe and in this way the email ids will create a very bad scene. I was very amused of his short knowledge. I told him that it is only a new mode of communication of modern time. Some can make any charges in writing by post also, if he likes. Similarly if some one make some communication electronically, it is rather safer. As the postal address of the sender on a letter may be wrong and the sender can be untraceable. While in email, the IP address of the sender is recorded and the sender can easily be traced. I informed him that the email id of the Prime minister office is available in public, the Police officers, district administration, all have email ids and they have never complained like this. Rather the Judicial officers have in some way dual charge of a RTI officer as well as judicial officer under judicial services. So email id of a RTI officer is must to send him applications on electronic format. The email ids as judicial officers are also required under sec 4 of RTI act.

 

No orders were passed orally and I was direct to leave.

 

PIO has not attanded the appeal proceedings, no arguments were made by PIO.

 

FAA himself argued the matter and objected the application.

 

See the height of illegalities from the judicial officers of this rank, what we expect as Justice from them in civil and criminal matters. And shortly these judicial officers will rise to the rank of HC Justice. What will be the position of out judicial system, just imagine.

 

Har shaakh pe…… bethen hain, anjame gulistan kia hoga?

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smbhappy

Now you have a good case with your efforts and presence of mind. This DSJ will be in trouble if the matter is took up properly at all the levels. His duty as FAA authority was to remove the impediment of supply of information. Rather he created impediments. I do not think that he will pass any order, as the order will be illegal, and he knew it very well. So, what for he called you, if no order was to be made. Lets see what he does!!

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Ketan Modi

Dear Bali Sir,

 

I suggest that you lodge a written complaint with the Administrative Judge of the Punjab and Haryana High Court narratting the entire incident and inform him how a D&S Judge in his role of FAA had been arbitrary and unilateral in RTI matters pertaining to administration of justice and how it amounted to, as SMB Sir mentioned, miscarriage of the Justice at the hand of a Judicial Officer. While lodging a complaint against judicial misbehaviour, also insist that you be made a party to the inquiry instituted, if any. We had tried it in Mumbai against one of the Additional Chief Metropolitan Magistrate who was about to be promoted as Chief Metropolitan Magistrate and was lilkely to be elevated to D&S Judge. On our complaint, the High Court was constrained to institute an inquiry and the Addl CMM had to resign abruptly. I think this would serve your purpose. Happy information seeking.

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smbhappy

I have already suggested you on the lines which Mr. Modi subscribed inmy post #12 above

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karira

Good job pcbali !

Now just wait for his order before deciding the next step.

 

Problem is that with people like this they have a very narrow mind and refuse to accept/acknowledge new technology and its benefits.

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Guest pcbali
Good job pcbali !

Now just wait for his order before deciding the next step.

QUOTE]

 

Thanks, Mr. Karira, I will definitely wait for his orders so not to leave any excuse with him. On 8/6/10, he is crossing the limit of 45 days from date of institution of appeal. I will still wait for two days more. If the orders do not reach to me, I will file the 2nd appeal. I will wait till orders are passed by SIC, which I hope would definitely be in my favour. As soon as the orders are passed from SCI, I will lodge complaint with CJ-HC PB.& HR and will make the DSJ to realize the cost of his over cleverness. I will also see that at SIC that what reason he recorded for delaying the appeal till 45 days in stead of deciding it with in 30 days. And why he has not summoned the PIO and why he him self started arguing. I have not made these objections to DSJ. These all issues I have kept reserved for making arguments at SCI otherwise he will do all the formalities at his end in advance. See, how I teach him RTI Act.

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Guest pcbali
Dear Bali Sir,

 

I suggest that you lodge a written complaint with the Administrative Judge of the Punjab and Haryana High Court

 

Thanks, Mr. Modi, what you mean by administrative judge of HC? Do you mean Chief Justice or Inspecting Judge?

But this is sure that I will lodge a strong complaint definitely. But I just want to wait for orders from him. If the order is satisfactory, I will spare him. If he does not pass any order or order for denying information, I will sure make 2nd appeal. I think the actual strength comes to me if my 2nd appeal is decided in my favour. It is sure that PIO and FAA will be grilled at SIC, if I have good luck. This will be enough for FAA as his first installment. And if the SIC order for making website and also impose some sort of penalty, my 100% job is done. He is automatically trapped with his seniors. And in the mean time I will also strike with full fledges Complaint in which I will be having upper hand as the SIC would have decided in my favour.

 

What is you opinion?

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Guest pcbali
I have already suggested you on the lines which Mr. Modi subscribed inmy post #12 above

 

Sure, smb, I am coming to SIC tommorow at 10 AM in chamber of IC Mr. DS Kahlon for my one appeal agaisnt MC Amritsar. Do come there to discuss this issue.

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smbhappy

Under the RTI act FAA has no onus. All the burnt will be on PIO. So the D&SJ may go Scot Free at the hands of SIC.

 

For the conduct of FAA, you will have to take the action of reporting the matter to Inspecting P&H High Court Judge now for the profession misconduct and violation of the law by the D&SJ and miscarriage of the Justice at the hand of a Judicial Officer. This you may do in a confidential cover to the Chief Justice/Inspecting Judge of the P&HHC with a copy to the Chief Justice of India.

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Guest pcbali

OK, smb, agreed, I do.

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smbhappy
Sure, smb, I am coming to SIC tommorow at 10 AM in chamber of IC Mr. DS Kahlon for my one appeal agaisnt MC Amritsar. Do come there to discuss this issue.

 

What is the address. I will be there.

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Guest pcbali

Many thanks to smb and rmadhok who were at SIC Punjab to join me on 8/6/10 at 10 AM. The issue was discussed in detail. Thanks again to smb who gave many a good suggestions, exchanged his success stories, discussed a lot on RTI and general public welfare issues. He is really a man of very good nature with high intlect. It was decided that we should wait to give time to DSJ for the order and then to make strategy.

Thanks smb for sparing much time for half a day at a stretch and a good cup of coffee, conveyance and droping me off at ISBT-Chandigarh

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