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  • Super Moderator

This is a very bad order.

The Principal was neither the PIO nor the deemed PIO.

 

Under Sec 20, only the PIO can be penalised.

 

There can be no penalty under Sec 20(1) for not implementing Sec 4.

Where does Sec 20(1) say any such thing ?

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  • Super Moderator

Dinesh,

 

Please read the order carefully:

 

1. It was the PIO who was directed by the Commission to display all information.

2. Then the Jt. Director has issued a circular to DDE's/PIO's to display all the information as per CIC order

There is no mention whether circular was sent to the Principal or not.

3. The IC has penalised the Principal of the school. There is no mention anywhere about him being the PIO or deemed PIO.

 

The Principal has not disobeyed the IC's orders - he has disobeyed the circular issued by the Jt. Director.

 

The IC's order does not have any mention of the DoE's order designating all Prinicpals as PIO's

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vijendra singh

IC ,Shailesh Gandhi acted well as per RTI law. He set an exellent example.

It was the duty of all the heads of the public deptts/ offices to publish all the required info in public domain suo moto within 120 days from October 2005. But no public office did that in true spirit. Some completed minimum formalities just to befool the Info Commissions as well as the hapless citizens.

SG passed very good order to teach lesson to the erring govt deptts.

I congratulate him for such commonsense.

All other ICs must follow him.

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What a haste in deciding this case. :o

 

IC SG must be congratulated for his promptness in dealing with this complaint. A new Record & an award winning endeavour.

 

PCRF must be notified. :cool:

 

 

 

Complaint Received : 12 November 2009

 

Commission personally Perused the Website : Date not Known

 

Commission issued Show Cause Notice : In between

 

Hearing held & Penalty imposed: 24 November 2009

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  • 1 year later...
dr.s.malhotra

Good morning to everyone .

 

While it is urgently required that steps be taken by ICs for compliance of s.4 , yet the Order , per se , seems to be influenced by social activism . It is good that IC has started taking serious note of non-compliance of s.4 , but the decision is unlikely to stand the test if challenged .

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changethechangers

Hon'ble Sh. Shailesh Gandhi, the great RTI activist turned Central Information Commissioner is very particular in ensuring compliance of Section 4, i.e., suo-moto declarations in all public authorities (except CIC). Last year he had issued show cause notice to Food Commissioner of Delhi Government as to why suo-moto disclosures are not made at the PDS Outlets in Delhi. No one could understand how a Head of Department could be issued a show cause notice for imposition of penalty and how disclosure of information at the PDS outlets (which are not public authorities in themselves) is covered under Section 4. However, no one in the department resisted presumably because they were all of the view that the informations should be displayed at the PDS outlets for the information of PDS beneficiaries. Although no one could understand how it was covered under the RTI Act. But perhaps Hon'ble Sh. Shailesh Gandhi closes his eyes when he enters his office. Interestingly, his office is situated in the Club Building, Near Post Office, Old JNU Campus, Delhi and nowhere in the said building, is there any signboard indicating the presence of office CIC !!! And any board informfing the names of PIOs or First Appellate Authority? Question does not arise.

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  • Super Moderator
And any board informfing the names of PIOs or First Appellate Authority? Question does not arise.

 

Are you sure about this ?

Are you sure there is no name board indication PIO, etc. in the Old JNU Campus ?

 

That simply means that the PIO of CIC gave me incorrect and misleading information in response to my RTI application !

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changethechangers
Are you sure about this ?

Are you sure there is no name board indication PIO, etc. in the Old JNU Campus ?

 

That simply means that the PIO of CIC gave me incorrect and misleading information in response to my RTI application !

 

 

I thought I have posted the position at your relevant thread. If I have not, I am sorry for delay. The CIC had informed you that in August Kranti Bhawan, name board of PIO is affixed opposite the lift. Actually now it is not there. Photograph of the place where it was temporarily affixed, is given below:

 

Image006.jpgThe board is now lying inside a room. Picture of the board is given below:

 

 

Image007.jpgThe other board was informed to be outside the Block IV, Old JNU Campus office where Dak Counter of the CIC is housed. This board is still there but the name of the FAA has not been updated. The FAA has been mentioned as Mr. Tarun whereas since long, Ms. Anita Gupta has been working as FAA. The third office of the CIC is at Club Building, Near Post Office, Old JNU Campus which houses the offices of Information Commissioners Ms.Annapurna Dixit, Mr. Satyananda Mishra, Mr. Shailesh Gandhi and Ms. Sushma Singh. There is no board of CIC at this office, leave alone the name board of PIO or FAA. Also, the board outside the office at Block IV, Old JNU Campus Office indicating the existence of Dak Counter there is painted in such a way that it is very difficult to read it. Picture of this board is given below. It has been painted on an old board and the earlier writings are creeping from below so that neither you can read the old writings nor the new ones. I would also request you to kindly see the thread http://www.rtiindia.org/forum/64939-hum-janane-nahin-deynge-new-formula-central-information-commission.html to see how CIC gives replies to RTI applications giving incorrect, incomplete information.

 

Image004.jpg

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changethechangers

As per the suo-moto declarations made by CIC on its website, the complaints and appeals are taken on first come first served basis. So had Sh. Shailesh Gandhi, the Hon'ble Information Commissioner had, while hearing the complaint on 24.11.2009, cleared all the complaints/appeals received by him upto 12.11.2009!!! Or, the suo-moto information given by the CIC is incorrect and misleading?

 

What a haste in deciding this case. :o

 

IC SG must be congratulated for his promptness in dealing with this complaint. A new Record & an award winning endeavour.

 

PCRF must be notified. :cool:

 

 

 

Complaint Received : 12 November 2009

 

Commission personally Perused the Website : Date not Known

 

Commission issued Show Cause Notice : In between

 

Hearing held & Penalty imposed: 24 November 2009

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  • Super Moderator
As per the suo-moto declarations made by CIC on its website, the complaints and appeals are taken on first come first served basis.

 

This is humbug !

Any person who believes that this is true is living in a fantasy world.

Just use some ingenious and advanced (like boolean) search techniques on the CIC website (both on the "status" page and the "decisions" page) and you can find literally thousands of instances which will prove the above statement incorrect.

 

Even the recent statement by the CIC that only 1% of the appeals and complaints pending are more than 1 year old is a blatant lie. As per CICs own website, the pendancy as end of August 2010 was 14098.

1% works out to approximately 141.

I personally have more than 30 appeals/complaints pending since December 2009.

Therefore how can the total pending for more than a year be only 140 ?

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changethechangers

So how is Central Information Commission anything different from other government departments in the matter of transparency? And if the CIC itself does not give correct information to the citizens, how can we expect it to be patron of transparency? You will say that most of the Information Commissioners are retired bureaucrats and are trained in hiding information. But Hon'ble Sh. Shailesh Gandhi is not a retired bureaucrat. He has been a great RTI activist. But in last more than two years he could not see that his office does not have a sign board indicating the existence of his office in the building; nor could he know that his office does not have a nameboard of PIO. How can then we expect the CIC to be helpful in changing the system? This changer of society itself needs to be changed!!

You will agree sir, if I reach my office late and have extended lunch breaks, I cannot expect my subordinates to be punctual and sincere howsoever long lectures on moral and legal requirements of punctuality and sincerity I give to them. This is what I have been crying right since my first post. The CIC has no moral power (although it has legal power) for enforcing the RTI Act and asking other public authorities to implement Section 4.

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