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sunaabhsarkar

Success hmmm... ???

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sunaabhsarkar

Hi Friends,

 

Quite a while ago I had posted on this forum about RTI losing its teeth in UP. My case was against the CEO, PIO/ APIO at GNIDA [Greater Noida Industrial Development Authority] who were not only not willing to share but who have so far not shared correct relevant and certified information I had asked for. The case which came up for hearing seven times over a period of almost 18 months saw me shuttling between Delhi and Lucknow where UPSIC offices are located, two changes of Judges and one adjournment.

 

The worst was when on one occassion I had to stay away from home on my daughter's birthday to attend the court , only to know that the cases had to be adjourned on that day because the Judge was on leave. I had written in one of these threads how wasted my day had felt on that day.

 

It was quite a one sided matter with the GNIDA never bothering to defend themselves. Finally early in this month, when the case came up for hearing once again, the H'ble Judge pronounced maximum punishment permissible u/s 20[1] of RTI Act 2005 against the erring officials of GNIDA.

Every one who heard of this had a thumbsup for me... at least the case had moved one step ahead.

 

With the excitement over now.... :rolleyes: Punishment did I say??? How really does that matter anyway, for those officials sitting on a Goldmine? :eek:

 

I have a few points to clarify.... when a punishment is awarded, how is it actually executed.... is it just the salaries which are deducted? Does the mention reflect into the personal records of the govt. employee? Does it affect the promotions and perks of the Govt. employee?

 

I have been asked to appear again in December this year, which is an indication that the case is yet to be closed. The learned Judge has in his last orders in addition to pronouncing punishment, has directed the erring officials to provide the information i had asked for. I guess this means before the next hearing. What more punishment is in the cards if the PIO/ APIO and CEO do not provide me the answer before the next hearing?

 

Govt officials in citadels of corruption are least affected by monetary fines, can I pray for Demotion and reimbursement of my TA/ DA and legal expences incurred in this regard?

 

I guess the real success comes when all these are addressed.... :)

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rajub

 

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

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

The worst was when on one occassion I had to stay away from home on my daughter's birthday to attend the court , only to know that the cases had to be adjourned on that day because the Judge was on leave. I had written in one of these threads how wasted my day had felt on that day.

 

 

Dear sunaabhsarkar,

 

I understand your frustration. That is the case with most of the information seekers. Hats off to you who withstood all the hardships to see the case through.

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

 

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

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

 

I have a few points to clarify.... when a punishment is awarded, how is it actually executed.... is it just the salaries which are deducted? Does the mention reflect into the personal records of the govt. employee? Does it affect the promotions and perks of the Govt. employee?

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

 

Sec 20 (2) of the RTI Act empowers IC to recommend desciplinary action against erring PIOs.

 

Have you so far prayed for the desciplinary action ? If not please make such a prayer in writing in the next hearing.

 

The sections wordings are it shall recommend the desciplinary action. That means the IC must recommend the desciplinary action if it opines that PIO has erred. It is not upto its descrition. Please make a forceful plea in this regard. (But be calm and polite. This is important)

 

 

can I pray for Demotion and reimbursement of my TA/ DA and legal expences incurred in this regard?

 

Definitely. sec 19(8)(b) provides for compensation. In your case your actual expenses plus some amount say 10,000 as compensation for the mental and physical agony you were forced to undergo may be demanded.

 

Good Luck !

 

Our best wishes for you!

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sunaabhsarkar
Dear sunaabhsarkar,

 

Have you so far prayed for the desciplinary action ? If not please make such a prayer in writing in the next hearing.

 

Definitely. sec 19(8)(b) provides for compensation. In your case your actual expenses plus some amount say 10,000 as compensation for the mental and physical agony you were forced to undergo may be demanded.

 

Good Luck !

 

Our best wishes for you!

 

Thanks Rajendra for the information, actually I've done it in every one of my representations so far... i'll do so again...

Thanks again

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karira

Can you please post/upload or give a link to the order of the UPSIC ?

 

Keep your fingers crossed before celebrating.

 

You still need to:

 

1. Get the information you wanted in the first place

2. Ensure that the order of the UPSIC has indeed been enforced - ie penalty has been deducted. For this you need to file another RTI with the PIO asking for certified copies of any evidence showing that the salary was indeed deducted to the tune of the penalty amount.

3. Be vigilant, lest the PIO slips away with some excuse in the next hearing.

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rajub

Dear sunaabhsarkar,

 

Extremely important advice from shri karira

 

Be vigilant!

 

Doubly vigilant, I say.

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sunaabhsarkar

Thank you very much for your reply Kariraji. Actually I'm not in the possession of copies of any of the orders issued during the entire hearings so far. In a day or two, I am planning to write to the UPSIC along with the prescribed fees, for providing me with copies of the orders. I'll provide the forum will all details related to the Case as soon as I am in receipt of the copies of the orders.

Thanks again

S.S.

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sunaabhsarkar
Can you please post/upload or give a link to the order of the UPSIC ?

 

Keep your fingers crossed before celebrating.

 

You still need to:

 

1. Get the information you wanted in the first place

2. Ensure that the order of the UPSIC has indeed been enforced - ie penalty has been deducted. For this you need to file another RTI with the PIO asking for certified copies of any evidence showing that the salary was indeed deducted to the tune of the penalty amount.

3. Be vigilant, lest the PIO slips away with some excuse in the next hearing.

 

Helo Kariraji and other members of the forum. Ill health kept me away from the forum for some time.

 

In the meanwhile after lot of efforts, I managed to get a copy of the order passed in the last hearing. The Hearing scheduled on 16th of December was adjourned due to reasons beyond the control of the Commission. While I am attaching with this a copy of the order which is in Hindi, below is a near verbatim English Translation.

 

I shall be immensely grateful if you guide me on how to proceed further in this direction. What should be my next course of action now? I propose to plead for compensation too u/ 19(8)(B)along with stiffer punishment such as demotion or suspension in addition to action u/s 288, 188 and 177 under IPC but I'm not sure if the judge will listen.

 

 

A near verbatim English translation of the order:

The Appellant was present. The defendant was not present. The appellant had leveled charges that Information has not been provided. During the hearing held on 13.02.2008, the PIO/ Deputy CEO, Greater Noida Industrial Development Authority, Greater Noida, Gautambudh Nagar was directed to present himself before the Commission and show cause as to why action as stipulated u/s 20(1) of RTI ACT should not be initiated against him for not providing information. In the same order it was further mentioned that in case the order was not abided by, it would be assumed that they have nothing to say in this regard and steps for awarding punishment would be initiated against them. Despite the order, the defendants were not present in the hearing on 17.03.2008. However, in the interest of a fair justice, The Commission gave the defendants one more opportunity to defend them selves. But inspite of all these opportunities, Information was not provided. Despite repeated directions from the Commission to provide information, the defendants purposely did not provide information.

Hence, punishment u/s 20 [1] of RTI ACT, at the rate of Rs 250/- per day from the day of filing the RTI application till the day it is provided subject to a maximum of Rs 25,000/- is awarded to the PIO/ CEO Greater Noida, Gautambudh Nagar for not providing the information. The next hearing in this regard will be held on 16.12.2008

sd/

Retd. Major Sanjay Yadav.

UPSIC

11.09.08

order.pdf

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karira

sunaabhsarkar,

 

That order is in your fabour.

But at the next hearing you must also insist:

 

1. That the information you sought must be provided to you. Just imposing penalty does not get you the information.

2. Bring in the matter of compensation and state clearly:

- Why you did not mention Compensation in the initial stages of the appeal process

- Give detailed calculations and justifications of the compensation sought

- Attach proof, if any, justifying the compensation sought (like ticket copies, travel bills, etc...)

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sunaabhsarkar

Kariraji Thankyou so much for the prompt response. Actually Ive done everything you have advised, but some how the UPSIC is slow and soft on IAS PIOs and APIOs. I've always included compensation and punishment issues in all my complaint and apeals to the SIC but, every time they avoid mentioning anything about them. In the last hearing when this order was passed, the SIC had turned down every appeal for compensation raised on that day. So I had decided not to raise the issue. However I have written to the SIC afresh for compensation and punishement. This I propose as my main agenda the next hearing. Apoint I need clarification is: the order is not the final judgement I guess? Is there something more to come? If so what else... I need some help figuring out so that I can plan accordingly.

Thanx again

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karira

Probably the SIC is treating this as a Show Cause notice before levying final penalty.

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