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Del H.C. quashes practice of summary disposal of complaints by CIC and remanding them back


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Prasad GLN

That is what CIC has done. Complaints were directed to FAA by CIC and FAA's were asked to provide personal hearing to appellant, decide on such complaint and then appellants were asked to file second appeal if FAA's orders are not satisfactory.(To me it appears some what complicated, as CIC can not directly ask CPIO to provide information against a complaint filed with them as per SC judgment )

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samir zaveri

We need Information Commissioner like Hon'ble Shailesh Gandhi who really shown power of RTI to Public Information Officers by imposing penalties under section 20 of RTI Act,2005. who before introduction of RTI-Act enjoyed the bossy mentality & ignored the public when they were duty bound to provide certified copies of public record to citizens on request under section 76 of Indian Evidence Act,1872. JAI HIND

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Prasad GLN

But even several RTI Activists are not happy with him,he has been opposed in his own office and cases were filed against him by CIC staff. But still undoubtedly he has made a mark and most of his decisions are appellant friendly, and he is considerate and courageous. There is no second thought he made his presence felt.

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harinder dhingra
But even several RTI Activists are not happy with him,he has been opposed in his own office and cases were filed against him by CIC staff. But still undoubtedly he has made a mark and most of his decisions are appellant friendly, and he is considerate and courageous. There is no second thought he made his presence felt.

 

Learned Mr G L N Prasad,

 

On a lighter note, are all creations of God happy with HIM?.... The answer is no and if God could not make everyone happy then why do you expect a lessor mortal like Mr Sailesh Gandhi to make "several" RTI Activists happy.

 

Not only he made his presence felt but did lot of good/excellent work for the cause of RTI implementation. And you know the CIC staff and lessor said about them is better.

 

harinder dhingra

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Prasad GLN

Absolutely Right Sir. But Hon.Karira of our Forum had his own reservations on SG and as members of this forum, we have to believe his skills, personal experience, seniority and expertise in analysing persons.

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I wanted to make a "Thumbs up" for dhingra ji, but turned to unusual "down".

 

Don't know, how the visitors will take the count (at present=1, with red down)

 

However, Former IC S Gandhi was the only Non-babu in the Retired bureaucratic club.

 

He had to face all the difficulties (including dragging by court) to take decision against his own officials.

 

He was the only IC to impose maximum Penalty (though low) among the ICs.

 

He is the only IC, who vocalized openly against the indiscriminate HC stay on IC decisions.

http://www.rtiindia.org/forum/108984-s-gandhi-i-shudder-frivolity-unsubstantiated-argument-post265514.html#post265514

 

http://www.rtiindia.org/forum/96119-delhi-hc-stays-cic-order-against-its-post264638.html#post264638

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harinder dhingra

Learned Mr G L N Prasad,

 

Just because Mr C H Karira has reservations (must be bang on his views/assessment), do we have to colour our vision about another individual? This is not fair my dear learned Mr Prasad.

 

Let us give the .......its due.

 

 

harinder dhingra

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harinder dhingra
I wanted to make a "Thumbs up" for dhingra ji, but turned to unusual "down".

 

Don't know, how the visitors will take the count (at present=1, with red down)

 

However, Former IC S Gandhi was the only Non-babu in the Retired bureaucratic club.

 

He had to face all the difficulties (including dragging by court) to take decision against his own officials.

 

He was the only IC to impose maximum Penalty (though low) among the ICs.

 

He is the only IC, who vocalized openly against the indiscriminate HC stay on IC decisions.

 

Dear Hon'ble Mr R K Mishra,

 

Glad that you agree with me that Mr Sailesh Gandi did yeo man service to the cause of RTI implementation.

 

On a very lighter note ,I am very SAD about your giving me "I wanted to make a "Thumbs up" for dhingra ji, but turned to unusual "down".

I salute you for your objective appreciation on my observations.

 

 

harinder dhingra

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Prasad GLN

Definitely. But I have to respect Forum Discipline and treat that expressing personal opinions against forum organisers opinion, may not be proper. Still, I consider SG as one and only real Mard in all ICs (Man)

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harinder dhingra

Learned Mr G L N Prasad,

 

Even the Organisers would not be happy if their views are respected for the sake of courtesy ONLY.

 

Come on Sir, Even You are also the real MARD and speak up your mind/personal opinion which would make us more richer in knowledge and trust me by doing so you would make the Organisers also proud.

 

Come on Sir, We are all working for the promotion of transparency in public life.

 

I am sorry if my opinion has hurt you in any way. I apologise in advance.

 

harinder dhingra

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Prasad GLN

Sir, Some do not like to hurt or thrust their opinions over others, as it in no way helps or improves relations, and every one is entitled or deemed to have formed opinions on their own experiences and others can not judge any individual basing only on his opinions.

When I am a member in the Forum, I have to respect my seniors and well experienced including Sri Dhingra. I have got great reverence for those who have great commitment for the cause and it may be Hon.Karira, Shri Dhingra , Shri Sharat Phadke, Shri JP Shah, Shri Vidyaranya, Ms.Raveen, Digal and so many others.. They have taught us many things, and their opinions have to be respected and I can not dare to differ with them openly without any reason.

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harinder dhingra

Learned Mr G L N prasad,

 

Sir, tusi great ho....

 

but what I was trying to say but could not communicate properly because of not having enough knowledge to do so......was that you can express your views if they are different from (Quote,"They have taught us many things, and their opinions have to be respected and I can not dare to differ with them openly without any reason" UNQUOTE) Hon'ble Experts if you have the reason/s for feeling the same.

 

Hope I have made my submissions clear and having said so, would not like your energies wasted on this communication which are very badly needed for other members like the undersigned.

 

harinder dhingra

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sharadphadke

Dear Prasadji,

 

"I can not dare to differ with them openly without any reason."

 

But certainly you can express what is your views. One think you should keep in mind, clear your doubts even if they are different. This will give us some good idea for some other RTI. Many times negative thinking also helps and hence open up freely.

 

At least I will not be heart.

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  • 2 weeks later...
sharadphadke
But CIC does not care what delhi high court said. It is still a regular practice.

 

http://www.rti.india.gov.in/cic_decisions/CIC_RM_C_2013_000393_M_127714.pdf

 

Please help community.

 

Just send a legal notice to "Central Information Commission" that in spite of Hon'ble Delhi High Court clear decision, still many complaints are returned to FAA to take action.

 

I am one of the victim along with many others.

 

This amounts to be contempt of court as per COC Act.

 

Please give your explanation in 15 days, as to why a contempt of court proceeding should not be started against all IC's who have given this type of orders after the order of court. In fact you should keep a special schedule for the complainant who have approach CIC to review order or reconsider the decision.

 

Please get it draft from a friend and send it to CIC. If you want ask Advocate to state only my client than giving the name. But name will give weight.

 

Since you are the affected person you have a right to move to High Court. Also you can file your own petition to avoid expenses.

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Prasad GLN

CIC has not taken any decision by sending the same to FAA. It may also be treated as reporting to higher authority about inefficiency and inadequate functioning of PIO, and as show cause notice. Any how, without issuing show cause notice, CIC can not proceed to act against CPIO. Once it is established in FAA hearing that information was not provided, it strengthens for Action against PIO as per Sec.18. Simple forwarding to FAA seeking action taken may not amount to violation, but directing FAA to provide information after hearing appellant may pose hurdles in application of Sec.18 as directing for providing information against complaint lodged for non providing of information.

 

On the otherside of coin, the objective is to get speedier and less expensive way in getting information. If some positive can be expected, why should appellant invite wrath of CIC. (This is out of personal experience. Dy.Registrar K.L.Das once received such notice for IC, and during his tenure not even one appeal sent by that applicant was diarised, all those appeals already diarised in 2011 went missing and out of 30+appeals not even one appeal was even listed in 2011, 2012,2013 and could not be traced. Now that he is out of such registry, fresh process of filing RTI applications once again for the past commenced and appeals are diarised. CIC is not that considerate, even issuing of simple and casual notice is being treated as questioning their authority, and efforts start from each level against such appellants. Unless, appellant are more powerful, common citizens who issue notice has to suffer in silence. Ultimately it is common citizen that has to suffer, for downloading such strong worded notices with his signature and then sending it to CIC)

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sharadphadke
CIC has not taken any decision by sending the same to FAA. It may also be treated as reporting to higher authority about inefficiency and inadequate functioning of PIO, and as show cause notice. Any how, without issuing show cause notice, CIC can not proceed to act against CPIO. Once it is established in FAA hearing that information was not provided, it strengthens for Action against PIO as per Sec.18. Simple forwarding to FAA seeking action taken may not amount to violation, but directing FAA to provide information after hearing appellant may pose hurdles in application of Sec.18 as directing for providing information against complaint lodged for non providing of information.

 

Once the matter goes to FAA the file in CIC is closed. I have a RTI reply to this effect and then it can't be opened.

 

If FAA has not replied, it is his mistake and should be taken at task by CIC. There are many decisions in CIC where action on FAA is taken. For this please refer jps50's reminder to FAA.

 

Secondly CIC's logo says “If you don’t ask, you don’t get.”- Mahatma Gandhi hence you won't get any thing unless you ask CIC. All IC's are post retirement earning and not for social service.

 

As far as Dy.Registrar K.L.Das experience, he was smarter than IC and no one forced CIC to lodge Police complaint for missing record. One thing is better that any complainant can file complaint in local High Court and give direction to CIC. If you have answer for RTI query you can take action from Hyderabad.

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Prasad GLN

I have a decision with me delivered by SG, in similar matter, that appellant can come back, if FAA's non compliance as last sentence in decision, after remanding complaint to FAA. Accordingly due to non compliance a complaint was filed with CIC again and it has to come up for hearing, in the meanwhile CPIO informed that file was weeded out.

CIC rarely recommends action against FAA, and on the other hand, it has it's own systems to take them to task. I find Shri Tharunkumar's FAA decisions proper during his tenure, suddenly, he was made as CPIO (Nodal). Now, his attitude is different. Previously he used to himself give his mobile no, without asking asking appellant asking him to contact either by mail or mobile in case of difficulty during VC. Now, as CPIO (Nodal) his performance is defiant and he started giving very strange replies, and even not granting appointment, even after such request is made to him well in advance. I feel that we have really lost a very good and efficient FAA at CIC due to such politics in CIC. Even IC SG has got that kind of opposition from his subordinate registry officials.

 

Most unfortunate thing is we can not approach HC ourselves, as most of the applicants we deal are less fortunate, and the procedure at HC is less said less better and common litigants to APHC is a distant dream, as one has to manage several things and all this amounts to huge spending.

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