Jump to content

Contentious Executive Orders by Governments


Surendera M. Bhanot
 Share

Recommended Posts

By issuing such contentious Executive Orders, The State Government is Dissuading the Authorities defined/appointed under the Right to Information Act, 2005 from performing their unbiased, impartial, and lawful quasi-judicial functions under the Act.

 

Haryana Government Office Memorandum No. 5/52/2016-1AR dated 05 January 2021 issued by the Ms. Santosh Kumari, Under Secretary, Administrative Reform Department, Government of Haryana, Chandigarh is unwarranted and felonious invade into the stipulations of the constitutional right granted to the citizenry under Article 19(1) of the Constitution of India, as well as independent and lawful functioning of various authorities defined and appointed under the Act. It can also be termed as a sort of an interference in the domain of ‘administration of law’.

Accordingly, the above Office Memorandum is unwarranted, void ab-initio and is an ‘ultra-vires’ (acting or done beyond one's legal power or authority) carries no sanctity of law. This Office Memorandum is, not only, an incursion into the power of the authorities appointed under the Act to carry out their quasi-judicial legal obligations under the Act in an unbiased and impartial manner; it is apparently an attempted invasion by ‘the state’ and/or ‘the executive’ in the legal rights of the citizen.

04 -RTIFED Letter to Haryana Govt letter dated 05Jan2021.docx 04 -RTIFED Letter to Punjab Govt letter dated 09Aug2021.docx

Link to comment
Share on other sites

If any such orders have been issued in your states too you can also ask me to write to the state government by providing  the email ID of the Chief  Secretary and the Information Commission of  your state.

Link to comment
Share on other sites

Sir,  Can you post the exact order, and whether one can stop implementing without challenging before HC.  Before other States take a clue and follow the procedure of Haryana, it is most important to get stay order for implementing that biased order.

Fortunately in Maharashtra, Delhi, Punjab and Haryana, Hyderabad we are having very good activists and it is not difficult for them to challenge such orders.

Link to comment
Share on other sites

10 minutes ago, Prasad GLN said:

Sir,  Can you post the exact order, and whether one can stop implementing without challenging before HC.  Before other States take a clue and follow the procedure of Haryana, it is most important to get stay order for implementing that biased order.

Fortunately in Maharashtra, Delhi, Punjab and Haryana, Hyderabad we are having very good activists and it is not difficult for them to challenge such orders.

The letter has been written to the Governments. A rti  

application will be filed soon (by next week) and after getting the response, further action will be  taken accordingly.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

  • Tell a friend

    Love RTI INDIA- Online RTI? Tell a friend!
  • Members

    No members to show

  • Forum Statistics

    • Total Topics
      120k
    • Total Posts
      429k
  • Recently Browsing

    • No registered users viewing this page.
×
×
  • Create New...

Important Information

By using this site, you agree to our Terms of Use & Privacy Policy