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Sorry state of Andhra Pradesh Information Commission


Lawyero
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Hi,

 

Wrt the current state of Andhra Pradesh Information Commission, without a State Information Commissioner or any other Information Commissioners, I would like to know the procedure that is to be followed in general to fill these vacancies, whose responsibility it is to do so and whether it can be expedited in someway - considering the fact that without time-bound responses, escalations and court appeals, the very purpose of RTI Act is defeated. Keeping it in such a comatose state might help the governments in power, with nobody to question their wrongdoings and misappropriation of public funds but not the common man or the state.

 

-Lx

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The day SC delivered Judgment, our Super Moderator discussed about the issue in a thread and there were further discussions.

 

Unless there is a writ before HC, the authorities are lethargic and it may take one more year to make APIC functional, as the organisation was not split in between the states, and remain headless in few more months.

 

There are several allegations of large scams in both states, in AP on Capital and Polavaram issue, and in Telangana Metro Land and irrigation issues that involve thousands of crores of money. This is a sensitive issue, and both the Govts are not really sincere in appointing ICS at the crucial time.

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  • 2 weeks later...

Protests have started in Vijayawada demanding the filling up of APSIC and other ICs immediately by RTI Activists. This is good news. This has to happen all over the state of Andhra Pradesh, to make the govt of AP, which claims transparency (but doesn't do much), to act in the best interest of RTI.

 

-Lx

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@lawyero

 

Please read Sec 15 of the RTI Act 2005.

 

The only solution is by way of a writ in the AP & Telangana HC

 

Last time - about 5 to 6 years ago, we had to:

 

1. First file WP to make the govt start the process

2. Then file a writ for the Govt to dislcose th papers and method of selection

3. Once selection was over, we had to file Writs for faulty selection and challenge the appointments

 

This is one of the few cases where one has to go to Court to get the Govt to do something (ie act)

Then, one has to go to the same court to get the Govt to undo what they did !!!

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Thank you @cjkarira ji for sharing your experience in dealing with this important issue.

 

It boils down to the fact that we have to spend our time and money to make the govt that we elect to work for us, to really work for us in letter and spirit. Sounds so absurd but that is the sad reality of governance in many states and center in today's India.

 

Even before point 1 you mentioned, I would like to file an RTI to CMO on their plan of action in filling up these vacancies. Does it help or not? If it does, what points do I have to specifically include in that RTI?

 

Best regards,

Lx

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  • Super Moderator

 

Even before point 1 you mentioned, I would like to file an RTI to CMO on their plan of action in filling up these vacancies. Does it help or not? If it does, what points do I have to specifically include in that RTI?

 

Best regards,

Lx

 

At least it will put some pressure.

 

They have to first constitute 2 Commissions - one for AP and another for Telangana.

 

So you have to file 2 separate RTIs - one to each State Government GAD (General Administration Department) - the nodal dept for RTI in the states.

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I am a common man.

Confused what for the enactment of RTI is made.

With basic education, and common understanding, I am too small to interpret the big sounding words "Promote transparency" and "accountability" to Citizens etc., coined by experts.

As far as I know

a)Govt officials may act negligently.

b)May Act with malafide motives to deprive an eligible citizen or to make undue favours to some citizens.

c)The officials may use the official machinery for their corrupt ends.

 

As a common man, I will always think "what is the benefit for me out of this", in what way it helps me. Why should I be bothered if a Public servant or politician crores , as I have nothing to do with their earnings, and it may also be risky to me, due to my involvement, and when particularly they have their own mechanism which worked for more than 56 years or more.

 

I assume in general, that most of the citizens think in the same way as I think, may be I am wrong, but can express my opinion.

 

So, when I am personally affected only, I use this RTI Act, as I have many of my own problems to deal with and not bothered about what Govt official does or not, as they have in building machinery for controlling and regulating their functions of such officials.

 

To sum up, unless I am affected with loss, jealousy or dislike something ,when I am a political opponent to those who derived unde benefit, then only I ask for some information from Govt., against those, whom I do not like.

Ultimately, the RTI saves Government money, and helps to book those corrupted officials, whom their system failed to identify.

The Government is on a win win situation, and what ever I get information through RTI is not a remedy, and just a bye product, whereas Government is really beneficiary.

What is the benefit for me as a Common man ?

 

I am just a "Bakra" in the entire process, used for detecting and failures in the system, which Govt. failed to find out.

 

The opposition parties must be more worried, as they have their own axe to grind with, in such appointments of Information Commission.

Yes. As a common man I am worried about my purpose, but RTI is not the ultimate remedy, even without this Act, I survived for 57 years and if it is possible and beneficial, I always use the litigation way , if I can afford.

 

As Hon CJK, the commission is no body's baby, and it is the least priority for favouring their own party persons in both states. Both ruling parties never believe strangers, when states have many scams now.

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on 21st may - sunday at VIJAYAWADA RTI activists of thirteen districts of AP have met and there was deliberations on filling SIC's and this was live telecast in which I was also one of the participants . it was decided to submit memorandum to the combined governor of AP/TS to see that two commissions have formed and both the CMs are advised to fill the chief information commissioner and 10 IO from the ten eligible, non political persons the memorandum is likely to be submitted during this week

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Respected Veterans,

In a very serious discussion I can add only one thing. In all commissions/ temporary postings the bureaucracy is always given priority. They are the best yes men. They can overlook the misdeed of GOVT. or bureaucracy. If data is collected for 5 years, the statement can be proved. Refer Section 12 (3) of the act, the appointing committee consist of PM, Leader of opposition & any cabinet minister nominated by PM. The committee has two persons of ruling party so they are masters. Further, They may or may not be persons of legal prudence.

As per 12 (5) the CIC & ICs shall be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance.

This is the area where a person must know the difference between "Personal Information" "Larger public Interest outweighs the harm to the protected interests." "Fiduciary Liability" & rejection of free flow of information & exceptions u/s 7 (9), 8, 9, 10 & 11. Furthermore, a no. of applications are rejected u/s 8 (1)(J). But a large no. of people having good knowledge of Law & the act especially, rarely counter CPIO on the ground of same section with proviso of

"Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.."

Section 4(1)(b): No one is ready to look its compliance & updation. Still Citizens are misusing the Act.

So, It is not only T.N. but every state is suffering. The difference is culture of the state.In a very serious discussion I can add only one thing. In all commissions/ temporary postings the bureaucracy is always given priority. They are the best yes men. They can overlook the misdeed of GOVT. or bureaucracy. If data is collected for 5 years, the statement can be proved.

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Mods: Please change the title of this thread to: Sorry state of Telangana & Andhra Pradesh Information Commissions.

 

Yes, it is a serious issue, and by putting pressure from all sides and by getting a positive outcome soon, we might help other states to replicate the effort. I am filing RTIs on this in a day or two.

 

-Lx

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Mods: No need to change the title since it continued to be called as Andhra Pradesh Information Commission, even after AP is bifurcated.

 

In this regard, I learnt that one Information Commission acting on behalf of two states is no where facilitated in the RTI Act, 2005. On top of that, Telangana govt passing a G.O. elevating one of the Information Commissioners as State Information Commissioner and AP Govt not saying any objection to it makes it more interesting.

 

So, after our painstaking efforts in trying to expose the corrupt, the most important question is what make all the orders passed by APIC legally valid since the bifurcation.

 

Source: State Information Commission orphaned, The Hindu

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Immediately after bifurcation our super moderators has made several efforts to bring this illegal status and If I remember well, he has asked TSCM not to pay salaries. Now it is no one's baby as every body has lost confidence on IC.

 

Senior RTI activist C.J. Karira said that the status of the commission can be absolutely legal only when both the States constitute individual information commissions.

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I am sending RTIs in the following order, to put pressure on everyone involved:

 

1. Ministry of Home, GOI (Legal Affairs PIO)

2. Governor, AP & Telangana

3. CMO, Andhra Pradesh

4. CMO, Telangana

 

Let me know if I miss anyone else. If many other also send RTIs to them, it exerts enough pressure on those who are responsible to decide and act on this.

 

-Lx

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When there is no cure, endure is the best remedy for common man. You can wake up a sleeping person, but not a person pretending sleep. Do not waste time and energy on those things which are beyond your control.

Convert the thread into opportunity, and knock the doors of HC through writ for RTC and pushkar issues. There indirectly mention defunct status of IC. Dandam dasagunam bhaveth is the proverb, unless HC passes strictures against Govt, you can not expect any move from Govt. on their own. So instead of all those attempts like copy to PM, Copy to President, hit it on the head through PIL.

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  • 2 weeks later...

with due respects to kariraji I wish to add the live discussion in SNEHA TV with activists of Vijayawada, Gunturu and other big centres and we planned to submit a memorandum to the governor with copies to both CM's which is expected to be done after mobilization of some activists. sri Mahesh one of the activists has also attended live discussion and told that he will meet Sri. Karira to chalkout further program. as you said unless WP is file , the governments will not move.

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@koteswararaonerella ji,

 

Filing a PIL has to be done by a competent HC Advocate who can stand by us till the end. Advice of karira ji, prasad ji and other senior members here who are aware of the process of taking this the legal route would definitely be helpful to us. On my part, I filed RTIs to the following on this subject so far:

 

1. Ministry of Home, GOI (Legal Affairs PIO) - Filed

2. Governor, AP & Telangana - Filed

3. CMO, Andhra Pradesh - Filed

4. CMO, Telangana - To File

Do send me a private message here if another such meeting is planned regarding filing PIL and I would be glad to attend and be part of it. Doing it collectively might add more strength to the cause.

 

-Lx

 

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  • 2 weeks later...

We are all mostly spectators that clap where as superstar is Hon. CJ Karira.

Knowing that no one cares for our correspondence using time, energy and hard earned money on such futile exercises is not wise.

How unfortunate to remind Govt. their duty ?

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Copy of the information appearing in another thread on similar issue to Reply No.19

 

The Forum for Good Governance has filed a Public interest Litigation petition before High Court of Telangana and AP praying for appointment of Information commissioners.

 

As on Apr,2017 there were more than 11,000 second appeals pending for hearing at APIC.

 

Till Apr,17 in addition to Chief Information Commissioner, there were 5 Information commissioners, out of which two commissioners completed their term and three commissioners appointments were cancelled by Apex Court. As of now there is only one Chief Information Commissioner who may also vacate after his term within few months, and as such there are no information commissioners in APIC.

 

The petitions submitted by various citizens before Hon.Governor for appointment of sufficient number of Information commissioners were gathering dust.As there is no scope for such appointments, the forum has prayed intervention of HC, considering the difficulties of thousands of appellants

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for the kind information of karira ji and other members I am to state that a PIL has been filed by sri Padmanabaiah under the banner of Forum for good governance 3-4 days back on the appointment of the SIC which my come before high court shortly.

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  • 2 weeks later...

Are you happy and satisfied with the reply and that Chief secretaries shiver for such Hon Governor's letter and immediately appoint ICs for both states ? (Remembering Kabali's dialogue of old movie rowdies )

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