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Gandhi Appointed FAA as an Assistant IC for his help.


sharadphadke

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sharadphadke

There was a hearing of my complaint against Bank of India for supply of false, incomplete and malafide information under Section 18 (1) © (e) and (f) on 30/11/2011 at 3-30PM. This was my ATM case.

I attended the hearing in person as the reasons were very important such as:

1.) My online complaint filed with all necessary documents was returned by Dy. Registrar stating there is no RTI application.

2.) I was asked to re submit the case in 2 hard copies with AA’s order if any.

3.) On submission to my luck the case came for hearing very early but the number given was having “A” in the file number where as I had filed the proper complaint to CIC with sample proof of false information.

4.) When a copy of complaint was asked it was found only one side of the page was scanned and half case made.

5.) There was no reply from IC Mr. Gandhi or from registry about corrective action. Hence I was forced to resubmit full file single page printed and as a safety Data Received on CD was also sent with the copy.

6.) Hence it was necessary to spend time & money to attend hearing in person to check if all papers are taken care of.

 

A written argument was given in the case during hearing and it was very well stressed that this is the case of enquiry under section 18. But the same was not referred in order passed. I don’t know if it is taken on record or not. Copy of this argument is attached to this post.

 

IC Mr. Gandhi showed envelop which was sent with my case papers showing there is no CD in the same.

 

During hearing IC Mr. Gandhi stressed I am not a Police to investigate the case and hence this job has to be done by someone else. [in fact according to section 18 (2) (3) & (4) of the Act he has every power to call every document for verification in front of him and that ‘NO’ information cannot be withheld under any pretext.] You can’t expect a commissioner to do Police work hence I am asking FAA to conduct this enquiry.

 

Knowing Mr. Gandhi’s favourable approach towards Bank of India based on my experience of three cases heard in September, 2011 and since my written argument was on record, I did not raised objection in the hearing as there was no point.

 

Only Mr. Gandhi, and God know why he is so afraid of this enquiry business. In one of my case heard on 28/09/2011 also he avoided enquiry stating I have passed an order on 23/09/2011 to rectify Sec. 4 (1) (b) to this PA and this subject is also same. He comfortably forgot that the subject before him was for non-compliance with affidavits and documentary proof in hand. He said even if you insist I will pass the same order and avoided enquiry in the matter.

 

Since he did not wanted to pass any order against Bank, and take the risk on the information asked in query 8 (ii) it appears, he wanted to shift responsibility for this enquiry on someone else and he appointed First Appellant Authority of the Bank itself to verify the charges on CPIO.

 

IN CIC's Order mentions FAA order: “Not Mentioned”

But in fact Index shows it was attached and is on page 23.

 

Passing the order FAA says,

 

“3. We also note that with regard to other queries in your application, the available information that are not exempted from disclosure under the provisions of the RTI Act has been furnished by the CPIO vide the said letter dated 03.06.2011. It is also noted that you have not made any specific ground as to how the information given by the CPIO is incomplete.

In the light of the provisions of the Act, your letter has been duly replied by the CPIO, Head Office and thus, there is no need for interference of the undersigned, and your appeal is disposed of accordingly.”

 

It is a well-known fact that FAA is “Guardian” of CPIO.

 

Here if FAA is to conduct enquiry in his own case or own bank's case then there is conflict of interest, which is bad in law. Enquiry has to be conducted by unconnected independent person/s. In case of RTI IC should get enquiry conducted by officer of CIC [normally Registrar or Dy. Registrar] or by himself by calling for all records at his office. Looking at the decisions on website of CIC, this is done by IC themselves. Mr. Gandhi has also done this in some cases.

 

Furthermore according to order he has appointed FAA to conduct inquiry by calling me for hearing. It is stated the report be submitted by 15/01/2012. (Sunday) There are no directions as to how the enquiry is to be conducted.

 

Now the points to be seen and discussed in this case are:

 

1.) Can he appoint FAA to inquire the matter?

2.) Can he give justification to the enquiry when he has vested interest of the Bank?

 

Full decision in this matter:

http://www.rti.india.gov.in/cic_decisions/CIC_SG_A_2011_002398_16042_M_71716.pdf

 

There are two decisions on this subject one from Delhi High Court where CIC has gone in appeal in Supreme Court and second from Punjab and Chandigarh High Court which held this type of appointment is wrong. Both of these decisions are here on our record and hence copy not posted.

 

Our learned and experienced members are requested to put some in-puts on the subject and justify the decision of IC Mr. Gandhi is correct.

 

There is a month for me to gain some points to post RTI success story (if successful) and some squirrel's or tiger's share on this subject.

Written argument.pdf

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Enquiry should have been ordered to be conducted by an officer of CIC. There is conflict of interest in advising FAA to conduct veracity check.

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