Right Sir, But respectfully, I draw your kind attention to the following mail available on the blog: From: Sankar Pani <sankarprasadpani@gmail.com>
Subject: Re: [HumJanenge] the Register of company acting against RTI act.
To: humjanenge@googlegroups.com
Date: Saturday, 14 May, 2011, 10:04 AM similar is my case where two applications rejected and even the CIC given the decision in same line citing a case.
The order copy of CIC in Appeal No 21/IC (A)/2006 dated 29th March 2006 in the matter of Arun Verma Vs Department of Company Affairs, Govt. of India that the CPIO has sent reads as follows "There is already provision for seeking information under the companies act. The appellant may accordingly approach the registrar of the companies, as advised by the appellate authority, to obtain the relevant information. There is no question of denial of information to him
Apart from this, how the Registrar of Companies/Min. of Company Affairs are demanding Rs. 25/- per page? This is the misuse of the liberty given to fix the charges for the documents. In which state, we pay Rs. 25/- for a photo copy for one page. You will, Sir, appreciate and agree that these tactics have been adopted to harass and dissuade the RTI applicants. U.P. SIC has made questionable rules, as we often read from the mails sent from Lucknow by some activists. Earlier, High Court fee was Rs. 500 per RTI application which was brought down after much hue and cry. Haryana Govt. charge Rs. 50/- per RTI application. Even some Departments have made its own rules which are quite at variance of the RTI Act, 2005. Jaipur Development Authority dismiss the first appeal if the applicant is not present in person, instead of taking decision on the basis of the material available on record, as per RTI Act. Such practice, I have come to know, is being adopted by some other Departments also. I agree that you have done a lot for brining transprancy especially by making the reluctant DoPT on file noting to remove of comments on the issue on its website but now, there are concrete efforts from some quarters, including from the Govt., to blunt the RTI Act. I agree that before turning down your decision given by u in your capacity of Chief IC, Shri Shailesh Gandhi should have preferred to refer the matter to the full bench of CIC for reconsideration. By doing so, he may have decimated the chances for striking down his decision by the Hon'ble Supreme or High Court. At the same time, it is hard to disagree with the logic given in the decision by him by giving options to the applicants for using any option available to him for obtaining the information. Regards and with best wishes, M K Gupta
--- On Tue, 17/5/11, wajahat <whabibullah@nic.in> wrote:
From: wajahat <whabibullah@nic.in>
Subject: Re: [HumJanenge] SC cannot deny information under RTI Act: CIC
To: humjanenge@googlegroups.com
Date: Tuesday, 17 May, 2011, 9:28 PM
The authority to make rules is prescribed under the Act. It is hardly possible that every public authority will proceed to make rules! Wajahat
----- Original Message -----
From: "M.K. Gupta" <mkgupta100@yahoo.co.in>
Date: Tuesday, May 17, 2011 8:37 pm
Subject: Re: [HumJanenge] SC cannot deny information under RTI Act: CIC
To: humjanenge@googlegroups.com
| > My dear Sarbajit Roy, > > I advise u to please read section 3 and 22 of the RTI Act on this issue. If in the past, some errenous decision has been given, it need to be corrected. > > Section 3 says, Subject to the provisions of this Act, all citizens shall have the right to information. > Section 22 averres that the RTI Act to have overriding effect over Official Secret Act and any other law for the time bieng in force. > > Though I m not a lawyer or judge, but as a layman with average knowledge of law, I think there is no complicated issues to decide in view of these provisions. > > However, I agree that Mr. Gandhi is not legally competent to override the decision of his superior but for this, activists should appreciate his zeal rather than criticizing him which has given one opportunity of churning on the issue.. > > I m sure that now the matter will go to the HC or SC again and this will be an opportunity to revisit all the aspects. > > With all the humbleness on my command and repsect for the former CCIC, I state that If we go with the decision of the former Hon'ble CCIC, Mr. Wajahat Habibullah, than many Public Authority shall claim to frame their own set of rules and regulations for giving information for showing a thumb to the RTI Act. > >
> --- On Tue, 17/5/11, Sarbajit Roy <sroy.mb@gmail.com> wrote:
>
> From: Sarbajit Roy <sroy.mb@gmail.com>
> Subject: Re: [HumJanenge] SC cannot deny information under RTI Act: CIC
> To: humjanenge@googlegroups.com
> Date: Tuesday, 17 May, 2011, 1:28 PM
>
> Dear Mr Varma (and also Mr MK Gupta) > > It seems that you gentleman (like Mr Gandhi) are not aware of the facts concerning RTI process in the Supreme Court, and you would be well advised to read again Mr Habibullahs order in Adv Manish Khanna versus Supreme Court which is exceedingly well crafted considering the ground realities alluded to therein. It is another entirely that the decision in Adv Khanna's case was drafted by Mr LCSinghvi (the then JS-Law/CIC) and not by Mr Habibullah. The case number is CIC/WB/A/2006/00940 > > Sarbajit > > On Tue, May 17, 2011 at 12:15 PM, Narayan Varma <narayanvarma2011@gmail.com> wrote: > It is no bunking. It is taking different view if one is convinced that view earlier taken by IC/CIC is incorrect. If One is to follow always what is decided earlier, there will be no development of law or progress of law or understanding different view in any matter. I believe view now expressed by IC SG is the correct view, In fact sometime before on this sight strong objection was taken in context of registrar of companies matter and decision was debunked by many members.
> Narayan Varma > > > On 16 May 2011 23:51, Shailesh Kumar Shukla <shailesh183@yahoo.co.in> wrote: > Thanks for the updates.. > Please keep it up.. > Regards....
> > > > --
> Narayan Varma
> 56B Mittal Tower,
> 210 Nariman Point
> Mumbai 400 021
> RTI PCGT helpline 09322882288
> my cell 09821096052
> |
|
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