Re: [HumJanenge] For Information: First Appeal u/s 19 of RTI Act 2005

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----- Original Message -----
From: Sarbajit Roy <rti.sarbajitroy@gmail.com>
Date: Monday, November 15, 2010 10:06 am
Subject: [HumJanenge] For Information: First Appeal u/s 19 of RTI Act 2005
To: humjanenge@googlegroups.com

> To:
> Ms Anita Gupta
> First Appellate Officer/RTI
> Central Information Commission
> August Kranti Bhawan
> New Delhi
>
> BY EMAIL
>
> Date: 15-Nov-2010
>
> Dear Ms Gupta
>
> NOTICE IN LAW CONCERNING CONTEMPT OF COURT and ASSOCIATED
> VIGILANCE MATTERS.
>
> Please take notice of the following very carefully
>
> 1 That I preferred a "First Appeal" to you by email on 30.Sep.2010 u/s
> 19(1) of the RTI Act 2010.
>
> 2) That on 20.Oct.2010 you conveyed to me by email that the Central
> Information Commission had decided at its meeting not to accept
> appeals by email/online means.
>
> 3) That on the very same day I countered your email (a copy of which
> is appended inline below for your ready reference). I specifically
> objected as follows:-
>
> a) That the Commission's decision was taken during the regime of the
> erstwhile "CIC Management Regulations 2007", specifically regulations
> contained therein which required the appeals / complaints to be
> "verified" (ie. including a signature).
>
> b) That the Commission's decision was limited to the 2nd appeals only,
> because "verification" is only provided for by the DoPT's duly
> notified "CIC Appeal Procedure Rules 2005" for the 2nd appeals .
>
> c) That my First Appeal was not preferred to the Commission u/s 19(3)
> but to you u/s 19(1) of RTI Act 2005.
>
> 4) That till date you have not taken a decision in my matter nor have
> you afforded me a hearing. I am therefore caused to believe as
> follows:
>
> a) That you have corruptly decided not to process my first appeal so
> as to shield your junior officers and to enable them to destroy the
> information I had requested.
>
> b) That the Commission, by you, is seeking to implement through the
> back door the CIC Management Regulations 2007 which were struck down
> as bad in law by the Division Bench of the Delhi High Court on
> 21.May.2010 in which case I was also a party. I clearly inform you
> that the Supreme Court has not stayed the Delhi High Court's order nor
> revived the Management Regulations.
>
> 5) I therefore call upon you to IMMEDIATELY, ie, within 7 days of
> today, give me a hearing and suitable decision, failing which all
> remedies in law are open to me.
>
> 6) As I am given to understand that many other citizens are likewise
> affected, I am putting this email into the public domain.
>
> Yours faithfully
>
> Sarbajit Roy
>
> On 10/20/10, Sarbajit Roy <rti.sarbajitroy@gmail.com> wrote:
> > Dear Ms Gupta
> >
> > 1) The Commission's decision was in terms of the erstwhile CIC
> > Management Regulations 2007 regime, which have been subsequently
> > withdrawn.
> >
> > 2) The Commission's decision was in the context of "2nd Appeals"
> which> are required to be "verified" by the duly notified
> /prescribed CIC
> > Appeal Procedure Rules which are applicable to 2nd Appeals (and
> not to
> > first appeals)..
> >
> > 3) I have been filing First Appeals by email to many public
> > authorities and nobody has refused to accept / process them till
> date.>
> > 4) There is no prohibition in the RTI Act or Rules thereunder to
> file> First Appeals by emails / electronic means.
> >
> > 5) The IT Act 2000 specifically mandates that where a law
> requires a
> > document to be filed in writing the same can also be filed by
> > electronic means and is legally valid.
> >
> > As such I must respectfully decline to file a hard copy, till I
> am am
> > convinced that the same is required by law (which has not been cited
> > to me by you as yet).
> >
> > Yours faithfully
> >
> > Sarbajit Roy
> >
> > On 10/20/10, Ms. Anita Gupta <anita.gupta@nic.in> wrote:
> >> Mr. Sarabjit Roy,
> >>
> >>
> >> This is to inform you that the Commision has decided that the
> appeals>> received through e.mail cannot be registered unless a
> signed hard copy is
> >> received. Therefore, you are requested to send the signed hard
> copy of
> >> the
> >> appeal so that it is registered as first appeal.
> >>
> >> O/o Anita Gupta
> >> First Appellate Authority
> >> Central Information Commission
> >> Ph. 26162290
> >> that the Commision has decide that the appeals received
> through e.mail
> >> cannot be registered unless a signed hard copy is received.
> Therefore,>> you
> >> are requested to send the hard copy of the appeal.
> >>
> >> O/o Anita Gupta
> >> First Appellate Authority
> >> Central Information Commission
> >> Ph. 26162290
> >>
> >>
> >> u/s 19 of RTI Act 2005
> >> To: anita.gupta@nic.in, Pankaj <pkp.shreyaskar@nic.in>,
> gs.manian@nic.in,>> vijay.bhalla@nic.in
> >>
> >>> To:
> >>> Ms. Anita Gupta
> >>> Addl Secy and F.A.A of CIC
> >>>
> >>> CC:
> >>> 1) Pankaj Shreyaskar/CPIO
> >>> 2) G.S.Manian/CPIO
> >>> 3) Vijay Bhalla/CPIO
> >>>
> >>> 1.Oct.2010
> >>>
> >>> BY EMAIL:
> >>>
> >>> Sub: First Appeal.
> >>>
> >>> Dear Madam
> >>>
> >>> I am caused to appeal to you against the reply dated
> 08.Sep.2010 from
> >>> Shri M.C.Sharma, Dy Registrar and nodal CPIO with
> >>> reference File No.
> >>> CIC/CPIO/2010/1048 concerning my email request dated 12-Aug-
> 2010 (a
> >>> copy of which is appended inline below).
> >>>
> >>> The information sought by me from 3 CPIOs of CIC concerning their
> >>> assigned jurisdictions was as follows
> >>>
> >>> "1) Copy of each and every email ever sent from official email
> >>> IDs of
> >>> the Hon'ble Central Information Commissioner(s) for whom you
> are the
> >>> assigned CPIO.
> >>>
> >>> 2) Copy of each and every email ever received into official
> >>> email IDs
> >>> of the Hon'ble Central Information Commissioner(s) for whom
> you are
> >>> the assigned CPIO..
> >>>
> >>> 3) Complete particulars of each and every "2nd Appeal" decided
> >>> by the
> >>> Hon'ble Central Information Commissioner(s) for whom you are the
> >>> assigned CPIO and on which the proper fee required under the Court
> >>> Fees Act 1870 has not been paid or affixed.
> >>>
> >>> 4) Complete particulars of each and very "2nd Appeal" or
> "Complaint">>> decided by the Hon'ble Central Information
> Commissioner(s) for whom
> >>> you are the assigned CPIO and where the appellant, or
> >>> complainant as
> >>> the case may be, was situated outside the territory where the
> >>> RTI Act
> >>> 2005 extends [see sub-section 1(2) of RTI Act].
> >>>
> >>> 5) Email IDs of all persons, pertaining to the Hon'ble Central
> >>> Information Commissioner(s) for whom you are the assigned
> CPIO, who
> >>> have submitted "2nd Appeals" or "Complaints" using the online
> filing>>> facility of the Hon'ble Commission since the inception
> of the said
> >>> facility."
> >>>
> >>> The brief grounds for appeal are as follows:-
> >>>
> >>> 1) Because Mr. Vijay Bhalla /CPIO has not provided any
> >>> information at
> >>> all to Shri M.C.Sharma to provide to me.
> >>>
> >>> 2) Because Mr Pankaj Shreyaskar /CPIO has evasively stated for the
> >>> information sought by me for 4 out of 5 points that "No such
> >>> information is available". It is pertinent that at point 1 he has
> >>> further specified that "No such detailed information is
> >>> available". At
> >>> the remaining point no.2 his reply is deliberately false and
> evasive>>> and bears no relation to the information sought by me.
> It is submitted
> >>> that the entire reply of Mr Shreyaskar, as conveyed by Shri
> >>> M.C.Sharma, is a pack of lies, especially as the information
> >>> sought by
> >>> me cannot but exist in the CIC records. The fact that the
> information>>> is not available to Mr Shreyaskar is not legislated
> grounds to
> >>> deny me
> >>> the information requested. I am also concerned that the
> information>>> requested by me shall be destroyed or rendered
> inaccessible>>> after Mr
> >>> Wajahat Habibullah remits office.
> >>>
> >>> 3) Because Mr. G.S.Subramanian/CPIO has frankly expressed the
> >>> infrastructure limitations which prevent him from properly
> discharging>>> his obligations as CPIO. While appreciating his
> candour, I say
> >>> this is
> >>> indicative of a serious systemic problem which is coming in the
> >>> way of
> >>> applicants receiving information under RTI from the CIC. I
> >>> recall that
> >>> the previous FAA Mr Haleem Khan has passed a detailed order in
> >>> case of
> >>> Mr. Ravinder Balwani in CIC/AA/A/2008/188 dated 19.1.2009 on
> similar>>> issue and where I was assisting the appellant there. It
> appears that
> >>> either the order has not been complied with or the dak/ tracking
> >>> software at CIC is inadequate/non-existent and ultra-vires section
> >>> 4(1)(a) of the RTI Act. I submit that Mr Paul and other
> officers of
> >>> the NIC would have access to all the said records requested.
> >>>
> >>> Accordingly, I pray that you may kindly hear me and direct the
> 3 CPIOs
> >>> concerned to locate the records requested (in cooperation with the
> >>> NIC) and provide the information to me free of cost as provided
> >>> for in
> >>> the RTI Act due to the considerable delay..
> >>>
> >>> Yours faithfully
> >>>
> >>> Sarbajit Roy
> >>> B-59 Defece Colony
> >>> New Delhi 110024
> >>>
> >>> appended: typed copy of RTI request
> >>> to pkp.shreyaskar, gs.manian, vijay.bhalla
> >>>
> >>> To:
> >>> Central Public Information Officer
> >>> Central Information Commission
> >>> New Delhi
> >>>
> >>> Kind Attn:
> >>> a) Shri Pankaj Shreyaskar (CPIO),
> >>> b) Shri G Subramanian (CPIO),
> >>> c) Shri Vijay Bhalla (CPIO),
> >>>
> >>> BY EMAIL
> >>>
> >>> 12-August-2010
> >>>
> >>> Dear Sir
> >>>
> >>> I am given to understand that you are a CPIO of Central
> >>> Information Commission.
> >>>
> >>> Accordingly, please find below the specifics of information
> requested>>> by me under provisions of RTI Act 2005 pertaining to
> the Central
> >>> Information.Commission.
> >>>
> >>> NB: If an application fee is prescribed to accompany this email
> >>> (electronic mean) request, I am ready, able and willing to
> >>> deposit the
> >>> same (in cash or otherwise) electronically against proper
> >>> receipt, via
> >>> e-payment gateway of the Hon'ble Commission, or otherwise.
> >>>
> >>> Information sought:
> >>>
> >>> 1) Copy of each and every email ever sent from official email
> >>> IDs of
> >>> the Hon'ble Central Information Commissioner(s) for whom you
> are the
> >>> assigned CPIO.
> >>>
> >>> 2) Copy of each and every email ever received into official
> >>> email IDs
> >>> of the Hon'ble Central Information Commissioner(s) for whom
> you are
> >>> the assigned CPIO..
> >>>
> >>> 3) Complete particulars of each and every "2nd Appeal" decided
> >>> by the
> >>> Hon'ble Central Information Commissioner(s) for whom you are the
> >>> assigned CPIO and on which the proper fee required under the Court
> >>> Fees Act 1870 has not been paid or affixed.
> >>>
> >>> 4) Complete particulars of each and very "2nd Appeal" or
> "Complaint">>> decided by the Hon'ble Central Information
> Commissioner(s) for whom
> >>> you are the assigned CPIO and where the appellant, or
> >>> complainant as
> >>> the case may be, was situated outside the territory where the
> >>> RTI Act
> >>> 2005 extends [see sub-section 1(2) of RTI Act].
> >>>
> >>> 5) Email IDs of all persons, pertaining to the Hon'ble Central
> >>> Information Commissioner(s) for whom you are the assigned
> CPIO, who
> >>> have submitted "2nd Appeals" or "Complaints" using the online
> filing>>> facility of the Hon'ble Commission since the inception
> of the said
> >>> facility.
> >>>
> >>> Notes:
> >>>
> >>> a) I am not interested in being provided those emails which
> are marked
> >>> as "private" or "personal" or "confidential" by the sender.
> >>>
> >>> b) I am not interested in being provided those emails which
> are in
> >>> reply to the aforesaid marked private / personal / confidential
> >>> emails.
> >>>
> >>> c) I require this information in larger public interest, so
> that these
> >>> vital historical records of nascent RTI process in India can be
> >>> preserved for posterity.
> >>>
> >>> d) I may kindly be provided all the information requested in
> >>> electronic form at prescribed fee, such as on a CD / DVD duly
> >>> certified as being provided to me under RTI process.
> >>>
> >>>
> >>> Thanking you
> >>>
> >>> yours faithfully
> >>>
> >>> Sarbajit Roy
> >>> ( Citizen of India )
> >>>
> >>> My contact particulars are EMAIL ID "rti.sarbajitroy@gmail.com
> >>
> >
>