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What will you do if you are Information Commissioner


dr.s.malhotra

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harinder dhingra

[h=2]What will you do if you are Information Commissioner[/h]I would try to emulate Mr Shailesh Gandhi if I were ever given a chance to become Information Commissioner because he is one Information Commissioner who has

a) an office which is possibly the first paperless government office in the country. If one visits Mr Gandhi's scanning room and watch the speed with which large bundles of paper were scanned and turned into digital documents and I never thought a completely paperless office was possible, this is yeoman service for the cause of saving trees & environment;

b) because he has raised the bar to an extent that second appeals on an average took 2-3 months to dispose of against one year being taken by other Commissioners of CIC/SIC;

c) because he has put the fear of penalization in PIO/s to the extent that information generally flows before the second appeal is listed before his bench

d) because he is the first one to raise a voice for RTI Activists safety by ordering to put the information sought by "harmed" RTI applicant on PA/s website which makes the business of harming RTI applicant "useless"

Today he is retiring from the CIC after successful completion of his tenure with maximum disposal of second appeals done by any Information Commissioner in the country.I salute him.

GOD BLESS HIM.

thanks

harinder dhingra

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dr.s.malhotra

dear Harinder ji,

How would you manage your office :

1. to increase the disposal rate in routine and satisfy the volume of Applicants

2. to make yourself accessible to the Applicants and Complainants [ apart from hearing the cases ]

3. If you are Chief IC , would you like to introduce something new out of the provisions of the Act [ to remove difficulties etc. ] to make system of Appeals / Complaints more efficient [ quick and satisfactory ] . Would you like to experiment with some provision of the Act to introduce something new ?

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jatin Sharma

Simple obey RTI Act 2005,if the provision says the information can be given to appellant ,I'll order to give it with a penalty to PIO , even if appellant has not demanded for wasting public time, money & intelligence with me in most unprofesional manner . If the legislation says it can't be disclose by any it's provisions ,I can't help it.

For speedy disposal-Give penalty one time , next time either PIO will quit or give the information before reaching to me.

To remove difficulties, I must read other laws and bye laws to compel courts to put pressure on Govt other than me by putting stay on my orders.Make the way for people by strictly adhering & let people believe that they are tools of movement.

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sharmajee

Ceaser's wife should be above suspicion. So I will first and foremost ensure that section 4 disclosures are made and regularly updated on website and on paper on daily basis in my august office.

 

Than each decision of mine will carry an essential following remarks:

1. direction for updation of section 4 (1(a),)(b) disclosure for all PA's, especially mandating index of records and catalog of documents.

2. seeking compliance of orders from PIOs in a specified time.

 

I will be objective not subjective on my verdict.

 

I will work with a presumption that ordinary citizen is lesser equipped with vocabulary of law than govt. babus, therefore I will decide on spirit of RTI act than words. I will not reject contention of appellant(whether citizen or PIO) just because he has made a petty error in used legal vocabulary.

 

I will not base my decisions on presumptions rather they will be backed by "facts apparent" put before me.

 

Definite quantity of my time will be spent on making significant qualitative efforts to impart education and training to PIO's and masses by utilising various innovative means of public and govt resources to create a positive climate about transparency and removing facade of secrecy in this dynamic world/ society.

 

My decisions would be real tough for those who try to bluff/ obstruct/ willfully try to delay the information, thus majority will get a message that in case of doubt their judgment must tilt towards transparency.

 

My office shall have a small team who will be devoted to follow and confirm that directions given are complied with for example if FIR, penalty or report of compliance from PIO's/ PAs on decisions.

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aslamkhan

@sharmajee"My decisions would be real tough for those who try to bluff/ obstruct/ willfully try to delay the information, thus majority will get a message that in case of doubt their judgment must tilt towards transparency."

 

but where are teeth given to IC in RTI act?? he/she can only talk tough or fine Rs.25000/- that's it . IC must have powers to launch FIR on PIO/FAA.

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sharmajee

I will use existing provisions of time bound administrative action, disciplinary action (besides penalty provisions) through controlling officer of errant PIO.

 

Simply adding a line in decision that PIO to report compliance of order to IC with in 15 days can be of great help.

 

Understand need is to give clear message, law is equal for all. Today PIO knows, pardon by IC is a norm and penalty is exception. A small apology by a clerk on behalf of PIO is accepted by IC, resulting in great injustice to appellant who had waited for months/ year to get the justice.

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karira
@sharmajee"My decisions would be real tough for those who try to bluff/ obstruct/ willfully try to delay the information, thus majority will get a message that in case of doubt their judgment must tilt towards transparency."

 

but where are teeth given to IC in RTI act?? he/she can only talk tough or fine Rs.25000/- that's it . IC must have powers to launch FIR on PIO/FAA.

 

There are enough teeth in the RTI Act for the IC to bite so that it really hurts.

 

What is the big point in asking for 32 more teeth when you are not even using the existing 32 teeth that you have ?

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dr.s.malhotra

dear Harinder ji ,

I like your reply . You are getting nearer the spirit of this thread / topic .

It is easy to say : I will bring down the pendency , I will pass good Orders , I will penalize ..and so on . But the question is HOW , HOW WILL YOU USE THE AVAILABLE RESOURCES TO ACCOMPLISH IT .

You are getting nearer .

 

The purpose of the thread is to bring out clearly as to how much a good IC can do and how he should do it - we are to formulate the basic working of his office and the Judgment delivery .

There are 2 parts to it :

1. Pre-hearing stage - receipt of Appeal / Complaint , scrutinizing it , noting defects , communicating to Appellant / Complaint at the earliest to remove the defects so that he is not caught unawares after 9 months , using e-mail / sms for this purpose (or even the face-book) , and to present the case to IC when it is free of all technical snags - a la High Court Model perhaps .

2. Stage of Hearing [ Model of Courts need not be followed here because we all know that has failed miserably to deliver justice in time to majority of litigants . We need to device a better Model ]

Currently RTI Users are having problems at both levels [ if we see CIC ]

Good IC will be concerned with both parts .

 

So give ideas on both parts plz , analyzing thread bare each point where we face difficulties .

whether frequent RTI Users / Activists can be put to some good use by the Information Commissions ?

ICs are getting feed-back , perhaps this forum is one source !

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harinder dhingra

Dear Dr Malhotra,

 

There are 2 parts to it :

1. Pre-hearing stage - receipt of Appeal / Complaint , scrutinizing it , noting defects , communicating to Appellant / Complaint at the earliest to remove the defects so that he is not caught unawares after 9 months , using e-mail / sms for this purpose (or even the face-book) , and to present the case to IC when it is free of all technical snags - a la High Court Model perhaps .

2. Stage of Hearing [ Model of Courts need not be followed here because we all know that has failed miserably to deliver justice in time to majority of litigants . We need to device a better Model ]

Currently RTI Users are having problems at both levels [ if we see CIC ]

Good IC will be concerned with both parts .

 

To answer your question in the form it is asked let me say:

 

1) Pre hearing Stage: This is very important stage where the expertise and energies of youth (to be appointed as research fellows from my salary) would be used to see the application "thoroughly" and notifying and getting the defects removed with the help of communication technology so that appeal is ready for hearing in seven working days no matter what the backlog or pressure of fresh appeals;

 

2) Hearing can be done on phone if possible otherwise following Hon'ble CIC of SIC Haryana method of visiting far flung areas to reach out and thus distance in yards and mindset between Commission & "Aam Admi".

 

The undersigned was offered a chance to be member of Haryana SIC yesterday by the powers to be but declined due to limited knowledge of undersigned in RTI matters as I have to go long way to be close to be SIC.

 

harinder dhingra

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sarbajit

Dear Mr. Dhingra

 

I have been reading your comments on this thread with considerable amusement. Obviously you have been brainwashed into being impressed by Mr.Shailesh Gandhi's methods. Possibly because of the high decibel publicity methods he uses (on and off this forum) to promote himself.

 

I have been using RTI processes since 2002, starting with "Delhi RTI Act". In Delhi RTI Act the application fee was Rs.25, Rs.5 per page, and Rs.50 as First Appeal fee. There was no provision for any penalty and the Act had no "teeth" as you want. And yet, I got complete information in each and every case / appeal of mine which went up before the Appellate Authority (who was the former Chief Secretary of Delhi).

 

Over the years I have only encountered 2 kinds of ICs - honest ones and dishonest ones. They can be further categorised as competent and incompetent.

 

A honest IC AND competent IC will generally only take up a few effective cases each day (say 8 or 10) and give reasoned speaking orders in almost every such case. Such ICs will look at the "face" of the appellants and decide if it is "worth" the time and effort to give detailed / reasoned orders so that the appellant is capable of doing something good (ie. "larger public interest") with the information - ie. supply ammunition for the appellant to use ELSEWHERE. Such ICs take great pains to track and and identify the defaulting officers within the PAs and isolate their corrupt actions and incorporate these in their orders. The QUALITY orders of such ICs are rarely challenged in High Courts or get overturned there.

 

A dishonest and incompetent IC on the other hand will simply do a babus job (which any LDC - lower division clerk) can do and pass 50 "cyclostyled" orders each day which are bereft of any reasoning or application of mind whatsover. All he will be interested in is completing some self imposed daily target to clear a notional backlog. In other words QUALITY is sacrificed for QUANTITY. Such ICs have a very poor record when their bakwaas orders reach the High Court in large numbers

 

Honest&Competent ICs are hardly ever appreciated by the masses. In return such ICs are perceived (rightly) to be "arrogant" and "high handed" against ordinary applicants. However, I have generally observed that such ICs go out of their way to help "one-off" (ie. occasional) RTI applicants to achieve their result. The problems arise with habitual RTI applicants / RTI misusers / RTI professionals / RTI activists (who insist on teaching RTI to ICs) and very often adverse orders ensue.

 

As is very well known, I consider persons like Mr. A.N.Tiwari and Mr. M.L.Sharma as honest and competent ICs. Their orders speak for themselves. We had an open vote on this a few years back in another RTI forum and these 2 ICs came in as #2 and #1 respectively.

 

Sarbajit

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harinder dhingra

Dear Sarabjit,

 

Thanks for your valued comments. I am a novice as compared to you as far as RTI Act is concerned. You are torch bearers of this movement along with names like Anna Hazare, Arvind Jejriwal, Shekhar Singh, Aruna Roy, C J Karira, H C Arora, Dr S Malhotra, P P Kapoor and many more who I am forgetting at the moment as my memory is very fragile & weak.

 

Without joining issues but to put record straight, I have my views and am entitled to have them. I still think that Mr. Shialesh Gandhi is the best thing which could have happened to RTI movement. To me Mr. Shialesh Gandhi orders are just, reasonable and stood the test in HC barring few cases considering the numbers of orders passed/delivered by him in approx four years of his stint as IC in CIC. I salute him for that. He is my hero so is you and Anna Hazare, Arvind Jejriwal, Shekhar Singh, Aruna Roy, C J Karira, H C Arora, Dr S Malhotra, P P Kapoor and many more who have done yeoman service for implementation of RTI Act.

 

 

Yes Mr M L Sharma & Mr. A N Tiwari also stand out who are honest & competent ICs as pointed out by you. There is no doubt about it.

 

Thanking you once again.

 

harinder dhingra

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sarbajit

Dear Harinder

 

I am quite offended to be clubbed along with Anna Hazare, Arvind Kejriwal, Aruna Roy, Shekhar Singh etc. I have nothing to do with them. They are all foreign financed vested interests out to destroy the RTI process in India by combining it with their other special interests / lobbying activities.

 

I am yet to see any QUALITY & reasoned order emanating from Mr.Shailesh Gandhi. I have publicly asked his well wishers to provide me an example or 2 (without any luck so far). At the moment Mr.Gandhi and I are in indirect communication concerning certain matters (we are each accusing the other of lying), so I would not like to comment on this except to say that I find Mr.Gandhi to be the worst IC ever in the CIC.

 

OTH, I have read today many decisions in your matters in CIC. I have observed that you have 2 kinds of appeals there - what seems to be your personal matters (Export Credit Guarantee etc) being heard by IC(SS) and "RTI Activist" type matters being heard by IC(SG). Cases before IC(SS) have not being going well for you -whereas IC(SG) has even awarded (illegally by not quantifying the loss/damages you actually suffered) Rs.2,000 as "compensation". Your RTI against Corporation Bank was quite irresponsible (and had you come up against say IC-ANT you would not have got away so lightly).

 

PS: I have so far found IC(SS) to be a competent IC. You really must improve the quality of your RTI queries if you are to succeed before her.

 

Sarbajit

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harinder dhingra

Dear Mr.Sarabjit,

 

 

I am quite offended to be clubbed along with Anna Hazare, Arvind Kejriwal, Aruna Roy, Shekhar Singh etc. I have nothing to do with them. They are all foreign financed vested interests out to destroy the RTI process in India by combining it with their other special interests / lobbying activities.

 

I am sorry for clubbing you with Anna Hazare, Arvind Kejriwal, Aruna Roy, Shekhar Singh etc. I offer my apoligies.

I have special regards for Anna Hazare, Arvind Kejriwal, Aruna Roy, Shekhar Singh, S C Agarwal, Prashant Bhushan, Mr. KARIRA, DR MALHOTRA, P C BALI, H C ARORA, S M BHANOT, P P KAPOOR AND MANY MORE which can not be cost/expense of others.

 

I am yet to see any QUALITY & reasoned order emanating from Mr.Shailesh Gandhi. I have publicly asked his well wishers to provide me an example or 2 (without any luck so far). At the moment Mr.Gandhi and I are in indirect communication concerning certain matters (we are each accusing the other of lying), so I would not like to comment on this except to say that I find Mr.Gandhi to be the worst IC ever in the CIC.

 

I would only request you to go through the orders passed/given by Mr. Shailesh Gandhi regarding disclosure by RBI about inspection reports of Banks and then you would understand what I am stating.

 

OTH, I have read today many decisions in your matters in CIC. I have observed that you have 2 kinds of appeals there - what seems to be your personal matters (Export Credit Guarantee etc) being heard by IC(SS) and "RTI Activist" type matters being heard by IC(SG). Cases before IC(SS) have not being going well for you -whereas IC(SG) has even awarded (illegally by not quantifying the loss/damages you actually suffered) Rs.2,000 as "compensation". Your RTI against Corporation Bank was quite irresponsible (and had you come up against say IC-ANT you would not have got away so lightly).

 

I really do not understand how many of undersigned appeals before IC (SS) you have seen and how many of them were relegated to CPIO & FAA for providing information or in fact starting all over again the process of those applications. Only 30 % appeals before Hon'ble IC Ms SS had personal matter and rest of them had as you put it " RTI Activist" type. There was Rs 465 crore scam at ECGC I Ltd & MMTC Kolkata and papers/documents concerning the scam were disallowed by Hon'ble IC SS but were allowed by Hon'ble IC Mr M L Sharma. Kindly go through the number of second appeals relegated to CPIO or and FAA for considerations by Hon'ble SS thus putting the clock back by at least one year. About Corporation Bank, there are many and I do not know which you one you are talking? In fact, the MoEF has acknowledged that undersigned RTI applications has helped the Ministry to streamline the RTI implementation. No Sir, I have not taken any compensation of a rupee neither from MoEF or any other public authority.

 

IN ANY CASE I AM NOT HERE TO TELL YOU THAT I AM PERFECT Whereas THE MATTER OF FACT IS THAT I AM A LATE STARTER AND COULD ACHIEVE VERY LITTLE AND THAT TOO WITH THE ASSISTANCE OF Mr. KARIRA, DR MALHOTRA, P C BALI, H C ARORA, S M BHANOT, P P KAPOOR AND MANY MORE.And of course reading and learning from your inputs on INTERNET.

 

There is minimum Rs 100 Crore Scam happening in trans border sale of Diesel of District Rewari in District Alwar(Rajasthan)which was taken cognizance by Hon'ble IC Mr M L Sharma on undersigned second appeals & issued notices to Directors of all the three Oil Marketing Companies for 6th August 2012. Mind you there are five and now six FIRs lodged with active follow up of undersigned.

 

I also shall be sending you undersigned expose of Rs 39 crore in PNB, New Delhi once the PE is registered by CBI. With the help of RTI and Hon'ble IC Ms S S decision in Custom case, a scam of Rs 27 crore in Duty draw back is exposed and Preventive in Mumbai has taken cognizance of it.

 

The Hon'ble SIC Haryana is in final stage of declaring M/s Medanta Hospital a public authority under Section 2(h) of RTI Act 2005 as it has proved conclusively in undersigned complaint/appeal that the 800 bed is substantially financed and the same is the case of Artemis Hospital.Gurgaon

 

The Hon'ble SIC, Haryana has declared Haryana Wakf Board a public authority under RTI Act 2005 on undersiogned Complaint under Section 18 after a prolonged battle on 08th February 2012 and now the information coming out would shock many in the establishment of Government of Haryana.

 

PS: I have so far found IC(SS) to be a competent IC. You really must improve the quality of your RTI queries if you are to succeed before her.

 

Yes Mr. Sarabjit Roy, I have to improve the quality of my RTI and there is no doubt about it as I came yesterday and you have been there since ages and in fact has seen the birth of RTI Act 2005 and as such there can be no comparison but MOST RESPECTFULLY I am to differ with you about the competency of Hon'ble IC (SS) and am entitled to have my opinion.

 

Before parting, shall seek your criticism/advice/way to improve my so called "RTI Activism" but will not respond to your criticism of other luminaries of RTI field as my inputs about others can not match your inputs about these luminaries.

 

thanks for your time

 

harinder dhingra

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ranjitchona1

the above quote by Harinder ji "There is nothing wrong with the road (read RTI Act 2005), only the movement of horse and the cart lack synchronicity. There is nothing wrong with Section 20, its provisions are mandatory, of course subject to principles of natural justice, equal and adequate representation. If the PIO is unable to explain the delay and denial satisfactorily, he needs to be penalized. Unfortunately the approach of most of the appellate authorities is like a traffic policeman standing in middle of road moving his hands haphazardly without real intention to control the traffic" is very much correct. now coming to post no. 10. I) we must acknowledge that correspondence to CIC/SIC/FAA takes a lot from applicant as he required each time cost of drafting and speed post where as the other side enjoy the government shelter. so each the emphasis must be on the giving due respect to applicant claim and removing barricade such as "tharikh pe tharikh" attitude. II) as sooner possible the government must start using electronic mode of correspondence. for example project "JANKARI" of bihar. III) denying information or delaying information must be invite serious departmental action and in addition CIC/SIC must compulsory penalize PIO. IV) SIC must have visiting bench in different parts of state.

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sarbajit

Dear Harinder

 

May I suggest that you read and carefully understand what other people are trying to convey instead of shooting from the hip.

 

FYI, please distinguish between "facts" and "opinions". It is your opinion that Anna Hazare, Aruna Roy, Shekhar Singh etc are luminaries of RTI. It is my opinion that they are massively foreign financed h*****s. Accordingly I have every reason to object to being PUBLICLY lumped along with them concerning RTI.

 

FYI, In my OPINION, Mr. Shailesh Gandhi's RBI disclosure report (Ashwini Dixit) is a bakwaas decision. As the RBI has already obtained stay orders on most of his decisions I surmise that this one too would have been stayed by now. I have read it carefully, once again it ignores (on trivial reasoning) a contrary Full Bench Order of CIC on exactly the same issue. Mr. Gandhi has already been chastised for his arrogance by the Delhi High Court. If you read Mr. Gandhi's dissenting orders carefully, they are all based on flawed premises such as "RTI Act over-rides other laws", Judgment of Delhi High Court in Bhagat Singh, Judgment of Supreme Court in Raj Narain matter, Justice Mathews observations, "S.P.Mukharji etc etc. His decisions are drafted by legal interns who have just passed out of law school / final year and are working for "peanuts" and are wet behind the ears.

 

FYI if you want to read much better CIC decisions, read A.N Tiwari's decision in "VINOD SURANA versus Life Insurance Corporation Chennai" dated 24.Oct.2008 " File no.CIC/AT/2007/015h02 on website of CIC. (NB: This group does not allow links / attachments). Kindly let me have your frank assessment of ANT's decision I have cited versus SG's. After that you can compare ANT's decision in K.Lall versus Ministry of Corporate Affairs versus Shailesh Gandhi's version (ANT's was upheld by Delhi High Court whereas Shailesh's bakwaas logic was shot down in flames there).

 

From CIC website it seems that you are often having problems against IC(SS). In my OPINION she is an extremely competent and independently minded IC and I have never faced problems before her - so there must be something wrong in your pleadings / method.

 

The 9 April 2012 decision of IC(SG) clearly awards Rs. 2,000 to you as compensation. It is another matter that you have perhaps not "taken" it. [CIC/SG/A/2012/000506]

 

Insofar as Medanta and Artemis Hospital are concerned they ought to get a stay order easily. Especially if you had not taken the precaution of impleading them as 3rd parties before the SIC(Haryana) ???

 

Insofar as SS's competence is concerned it is unchallenged (she is good at her job). You will note that I have not had the opportunity to form an independent opinion on her "honesty" as yet (and nothing is to be read into this statement). She has always, however, been "fair" in conducting her hearings in which I was party / assisting somebody and not passed hurried or rushed orders. She is also fairly efficient when it comes to clearing the backlog.

 

Sarbajit

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harinder dhingra

Dear Mr Sarabjit,

 

 

May I suggest that you read and carefully understand what other people are trying to convey instead of shooting from the hip.

 

It is your opinion Mr. Sarabjit and I have nothing add but only introspect which I promise, i shall do it. The words like shotting from hip are not done and would request you not to use these kind of language with me, as my wave length and understanding of Queen's language is not as good as yours.

 

FYI, please distinguish between "facts" and "opinions". It is your opinion that Anna Hazare, Aruna Roy, Shekhar Singh etc are luminaries of RTI. It is my opinion that they are massively foreign financed h*****s. Accordingly I have every reason to object to being PUBLICLY lumped along with them concerning RTI.

 

Your above statements naming (calling names) stalwarts have to backed by proof other wise they remain "opinions". None of your statement as far as above is concerned has the backing of proof to be treated as " facts" and as such the above statements are only " your opinions" against " my opinions" and I do not change opinions on merely hearsay.

 

FYI, In my OPINION, Mr. Shailesh Gandhi's RBI disclosure report (Ashwini Dixit) is a bakwaas decision. As the RBI has already obtained stay orders on most of his decisions I surmise that this one too would have been stayed by now. I have read it carefully, once again it ignores (on trivial reasoning) a contrary Full Bench Order of CIC on exactly the same issue. Mr. Gandhi has already been chastised for his arrogance by the Delhi High Court. If you read Mr. Gandhi's dissenting orders carefully, they are all based on flawed premises such as "RTI Act over-rides other laws", Judgment of Delhi High Court in Bhagat Singh, Judgment of Supreme Court in Raj Narain matter, Justice Mathews observations, "S.P.Mukharji etc etc. His decisions are drafted by legal interns who have just passed out of law school / final year and are working for "peanuts" and are wet behind the ears.

 

How a decision is called "Bakwaas"? Number of decisions of Hon'ble IC Ms S Singh which relegate the second appeals to CPIO & in stray cases to FAA for decisions although the same have not been decided by respective learned CPIO & Hon'ble FAA/s in mandatory 30 days & 45 days respectively resulting in putting the clock back by 12-18 months and adding to harassment to RTI applicant, are are not "Bakwaas"?

 

I am not holding brief for anyone here but regarding the Hon'ble Delhi High Court remarks on Hon'ble Mr S G in one case, let us wait for the final order please before jumping to conclusions. There are number of cases where stays are granted by Hon'ble HC on other IC/s decision and that is normal practice then why single out Mr. Shailesh Gandhi? Whether Mr SG judgments are based on flawed premises has to be decided by Hon'ble HC or Hon'ble Supreme Court of India and not by you and me as then the criticism becomes "opinion" and not "facts". Mt dear friend, cool down, suggest that personal enmity or bias should not be allowed intellectuals like you to color their opinions.

Let us give credit to "legal interns" as you call them who assisted Mr SG in discharge of their duties and need applauding from senior like you for doing the job nicely if they did what you attribute them to be doing it. And in our part of the country, that is Haryana, there is a saying that whose back of the ears are wet are sometimes better than those who have dry back of the ears.

 

FYI if you want to read much better CIC decisions, read A.N Tiwari's decision in "VINOD SURANA versus Life Insurance Corporation Chennai" dated 24.Oct.2008 " File no.CIC/AT/2007/015h02 on website of CIC. (NB: This group does not allow links / attachments). Kindly let me have your frank assessment of ANT's decision I have cited versus SG's. After that you can compare ANT's decision in K.Lall versus Ministry of Corporate Affairs versus Shailesh Gandhi's version (ANT's was upheld by Delhi High Court whereas Shailesh's bakwaas logic was shot down in flames there).

 

Mr Sarabjit, I have read the above mentioned orders and it is an excellent decision and I find decisions of Hon'ble IC MR ANT decisions as very good as pointed out. Where is the doubt. I am looking for Hon'ble IC Mr ANT's decision in K.Lall versus Ministry of Corporate Affairs versus Hon'ble Mr.Shailesh Gandhi's decision and shall comment on it once I an through both the decisions. Trust me, I will give my frank opinion.

 

From CIC website it seems that you are often having problems against IC(SS). In my OPINION she is an extremely competent and independently minded IC and I have never faced problems before her - so there must be something wrong in your pleadings / method
.

 

Sir, you can have your opinion about her and I respect you for that but to me I have stated what I had to do about her and main problem with her is relegating second appeals to CPIO and or FAA even if CPIO or and FAA have given decisions. Regarding my ECGC I Ltd personal matters, it is through RTI (which includes CPIO of ECGC, FAA of ECGC and ofcourse Hon'ble IC Ms SS), I got the required papers to file writ and our writ has been allowed by Hon'ble High Court & upheld by Hon'ble Supreme Court of India and there is nothing left in that part of the story.

 

If my pleadings are erred and for this purpose I look for advice from Experts like Mr. KARIRA, DR MALHOTRA, P C BALI, H C ARORA, S M BHANOT, P P KAPOOR AND MANY MORE.And of course reading and learning from your inputs on INTERNET and believe me I have to learn a lot to even reach 1% of above named stalwarts.

The 9 April 2012 decision of IC(SG) clearly awards Rs. 2,000 to you as compensation. It is another matter that you have perhaps not "taken" it. [CIC/SG/A/2012/000506]

Mr Sarabjit, It is my policy not to accept any compensation from anyone be it SIC or CIC otherwise it becomes "bemani" (dishonesty to the cause) and it is my policy and I may be wrong also.

Insofar as Medanta and Artemis Hospital are concerned they ought to get a stay order easily. Especially if you had not taken the precaution of impleading them as 3rd parties before the SIC(Haryana) ???

 

Yes Sir, I have noted your advice and they are party to proceedings.

 

Insofar as SS's competence is concerned it is unchallenged (she is good at her job). You will note that I have not had the opportunity to form an independent opinion on her "honesty" as yet (and nothing is to be read into this statement). She has always, however, been "fair" in conducting her hearings in which I was party / assisting somebody and not passed hurried or rushed orders. She is also fairly efficient when it comes to clearing the backlog.

 

Mr. Sarabjit, the above is your opinion. It is your opinion. if you call her(Hon'ble IC Ms SS) competent to be Information Commissioner then it can only be at best your "opinion" and about "honesty" I am sorry I never ever comment on anyone/s honesty as no one is more dishonest than me than who I am to call others dishonest? Regarding clearing the backlog, I have only to say that by seeing the number of decisions of Hon'ble IC Ms S Singh which relegate the second appeals to CPIO & in stray cases to FAA for decisions although the same have not been decided by respective learned CPIO & Hon'ble FAA/s in mandatory 30 days & 45 days respectively resulting in putting the clock back by 12-18 months and adding to harassment to RTI applicant, is by no imagination "effecient" to clear the backlog. This is my opinion. I may be wrong also.

 

Mr. Sarabjit Roy, I am sorry for being lengthy and using your valuable time.

 

I once thank you for wonderful perspective of yours regarding various issues concerning RTI.

 

Thanks a lot

 

harinder dhingra

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karira

Gentlemen,

 

Please stick to the topic/subject of the thread.......

 

Any more deviations and discussions about matters not directly related to the subject and I will have to close the thread.

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sarbajit

Dear Harinder

 

As requested by Karira I am not proceeding further into this thread - except to say that it is trivial to establish that the persons I mentioned are all foreign financed people. Their h*****i-pan is evident from their actions.

 

BTW, IC(SS) has just published your shipping bills order on CIC website. She has "rogered" (this is a shippie term which means to screw over) you very neatly using K.Lall. Incidentally the Delhi High Court single judge (Justice Sanghi) has already upheld with approval ANT's K.Lall decision while trashing SG's differing order - so unless somebody appeals it, it becomes Final. SG should appeal it and get the remarks against him expunged - perhaps some rtiindia team member Raveena_O can convey this to him in Mumbai.

 

Sarbajit

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harinder dhingra

Thanks Mr Sarabjit Roy,

 

yes I am also in deference to Mr Karira's wish not proceeding on this thread.

 

I do not what is screw over but watch this space to see this order reversed from the appropriate forum "very shortly".

Sarabjit Roy, all the best to you and best regards & wishes,

 

 

harinder dhingra

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sarbajit

Dear Harinder

 

As your well wisher, I dont know what you mean by "appropriate forum" to challenge her order.

 

In my opinion, the best place to first challenge it is within the CIC itself since there is a fatal flaw in her order (not very obvious) which requires a Full Bench.

 

Sarbajit

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harinder dhingra

Dear Mr. Sarabjit,

 

I am indeed debited to you for being my well wisher. It is indeed a honour.

 

Thank you so much for your valuable advice.

 

MAY GOD ALWAYS BLESS YOU.

 

With Regards & Best Wishes

 

harinder dhingra

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