Monday, November 21, 2011

Re: [HumJanenge] Re: help regarding writ against orders of the CIC

Its not worth filing a Writ Petition on IC(SS)'s order.  It does not satisfy the prerequisites of a WP.
EVEN IF  PIO did not respond ??? You can either have your cake (sec 19) or eat it (sec 18). You ate it.
Sarbajit

On Mon, Nov 21, 2011 at 7:59 AM, sandeep kumar <drsandgupta@gmail.com> wrote:
even the PIO did not respond

On 11/21/11, sandeep kumar <drsandgupta@gmail.com> wrote:
> sir,
> please provide me the legal wording to be added to the petition.
> regards
>
> On 11/21/11, Sarbajit Roy <sroy.mb@gmail.com> wrote:
>> The order you have attached is DIFFERENT from the one I sent.
>>
>> IC(SS) has taken the correct action.
>>
>> Since a First Appeal had already been filed and no decision received, the
>> proper course would have been to file 2ND APPEAL. The CIC has weak
>> jurisdiction to tackle complaints u/s 18  against FAA for not delivering
>> decisions.
>>
>> Sarbajit
>>
>> On Sun, Nov 20, 2011 at 10:15 AM, sandeep kumar
>> <drsandgupta@gmail.com>wrote:
>>
>>> sir,
>>> thanks a lot for your critical observations. The fact is that other
>>> ICs are not emulating this order. Only SM is passing this type of
>>> orders. SS/SG/DS/AD have assigned duties to their office staff to copy
>>> paste the orders on the complaints filed. Please see the enclosed
>>> order.
>>> regards
>>> sandeep
>>>
>>>
>>> On 11/20/11, sarbajit roy <sroy.mb@gmail.com> wrote:
>>> > Dear Sandeep
>>> >
>>> > http://rti.india.gov.in/cic_decisions/CIC_SM_C_2011_001237_M_69735.pdf
>>> >
>>> > This is  perfectly good order from CIC(SM) and should be emulated by
>>> > all other ICs. I don't know why you are upset about it <smile>
>>> >
>>> > Sarbajit
>>> >
>>> > On Nov 20, 6:57 am, sandeep kumar <drsandgu...@gmail.com> wrote:
>>> >> sir,
>>> >> I want notice to be issued to PIO for not replying  and to ensure the
>>> >> rights of the complainants. as first appeal was already filed, the
>>> >> commissioner (in my opinion) erred in ordering the
>>> >> complainant/appellant to file first appeal again in response to PIO
>>> >> 's
>>> >> order (if any). Why should the complainant/appellant send second
>>> >> appeal again?
>>> >> regards
>>> >>
>>> >> On 11/19/11, Sarbajit Roy <sroy...@gmail.com> wrote:
>>> >>
>>> >>
>>> >>
>>> >> > Dear Sandeep
>>> >>
>>> >> > What do you want ?
>>> >>
>>> >> > 1) Information
>>> >> > 2) Penalty against PIO
>>> >> > 3) To ensure primacy of section 18 over 19 using Writ process
>>> >> > 4) All of the above
>>> >>
>>> >> > If your answer is 4, I suggest you review your assumptions.
>>> >>
>>> >> > Sarbajit
>>> >>
>>> >> > On 11/19/11, sandeep kumar <drsandgu...@gmail.com> wrote:
>>> >> >> Dear All,
>>> >> >> I wish to file a writ petition in Punjab and Haryana high court
>>> >> >> against a decision in my case in which instead of deciding the
>>> >> >> complaint (against no response by PIO), the CIC directed the PIO
>>> >> >> to
>>> >> >> respond to the application (without issuing of penalty notice)
>>> >> >> with
>>> >> >> intimation of details of FAA,. The complainant was asked to file
>>> first
>>> >> >> appeal against the order of the PIO if not satisfied. The
>>> >> >> complainant
>>> >> >> was asked to file second appeal again if aggrieved by orders of
>>> >> >> FAA.
>>> >> >> This is a violation of section 18 of the RTI act.
>>> >> >> I wish that the members of the group may provide legal grounds for
>>> >> >> filing this writ.
>>> >>
>>> >> >> --
>>> >> >> Dr. Sandeep Kumar Gupta
>>> >> >> 989, Sector 15-A, Opposite bishnoi Colony, Hisar-125001, INDIA
>>> >> >> Phone: 91-99929-31181
>>> >>
>>> >> --
>>> >> Dr. Sandeep Kumar Gupta
>>> >> 989, Sector 15-A, Opposite bishnoi Colony, Hisar-125001, INDIA
>>> >> Phone: 91-99929-31181
>>> >
>>>
>>>
>>> --
>>> Dr. Sandeep Kumar Gupta
>>> 989, Sector 15-A, Opposite bishnoi Colony, Hisar-125001, INDIA
>>> Phone: 91-99929-31181
>>>
>>
>
>
> --
> Dr. Sandeep Kumar Gupta
> 989, Sector 15-A, Opposite bishnoi Colony, Hisar-125001, INDIA
> Phone: 91-99929-31181
>


--
Dr. Sandeep Kumar Gupta
989, Sector 15-A, Opposite bishnoi Colony, Hisar-125001, INDIA
Phone: 91-99929-31181

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