[HumJanenge] LEGALITY of Video-conferencing in cases involving penalty

To:
The Chief Information Commissioner of India
Central Information Commission,
August Kranti Bhawan,
Bhikaji Cama Place
New Delhi

BY EMAIL

31-Dec-2011

Kind Attn. Mr Satyananda Mishra-*ji*

Respected Sir,

Further to me email of today appended below, I am concerned that Shri
Shailesh Gandhi is deliberately using the device of
"video-conferencing" to reduce / curtail the rights of accused persons
to personal hearing and adequate opportunity to confront one's
accusers as required by natural justice.

In the last order of Mr. Gandhi dated 8.Dec.2011 in the file I had
mentioned, it is clear as crystal that the accused "deemed" PIOs were
denied natural justice by the device of video-conferencing. The legal
position of video-conferencing in India is still unclear. The Hon'ble
Supreme Court has passed certain observations in cases like "Praful
Desai" and also "Sakshi v. UOI" but these observations in fact call
for greater safeguards when video-conferencing is utilized.

As I had the privilege of being present at the CIC's very first
videoconference and also assisting the appellant therein I am
concerned that the present system leaves sufficient scope for
manipulation by an unscrupulous Information Commissioner when acting
alone especially when he knows that recording and playback facility
(as envisaged by the Supreme Court) is not available.

In the circumstances, I am caused to request that video-conferencing
be disallowed in future proceedings in Case No CIC/SG/A/2011/002839
and that all necessary parties be issued notice to present in person
at New Delhi in "open chamber" if any decision is to be.pronounced

I am taking an interest in the instant matter as "third party" since
my mother is born in Ross Island/Port Blair/UT(A&N) pre-1942 and hence
I am entitled to opt to assume "islander" status in that UT.

Yours sincerely

Sarbajit Roy
B-59 Defence Colony
New Delhi 110024

On 12/31/11, Sarbajit Roy <sroy.mb@gmail.com> wrote:
> To:
> The Chief Information Commissioner of India
> Central Information Commissioner
> August Kranti Bhawan,
> Bhikaji Cama Place
> New Delhi
>
> BY EMAIL
>
> 31-Dec-2011
>
> Kind Attn. Mr Satyananda Mishra-*ji*
>
> Respected Sir,
>
> A few months back the Under-Secretary DoPT had requested the Secretary of
> the Commission to provide information to the DoPT concerning my public
> grievance against Mr. Shailesh Gandhi and so that a suitable reply could be
> given to me (by the DoPT). I have come to learn that the Secretary/CIC has
> failed to take requisite action on the request of the DoPT so that my
> public grievance against Mr.Gandhi continues to be unresolved, and Mr
> Gandhi escapes initiation of prosecution for contravention of the Official
> Secrets Act while he is in office.
>
> In the meantime, Mr. Shailesh Gandhi has adopted new and innovative methods
> to misuse his office now that his practice of.directing FIRs to be
> registered was stopped on my information.
>
> By way of example I am caused to now inform you of Mr Gandhi's practice of
> levying penalty on "deemed PIOs" to shield the regular PIOs and the First
> Appellates (who usually fail to pass appeal orders) and on whom the penalty
> actually devolves. It has come to my knowledge that Mr.Gandhi is assisted
> in this novel practice by certain private persons, legal interns /
> consultants, journalists and NGOs masquerading as "civil society
> representatives / organisations". It is pertinent that Mr.Gandhi uses an
> "official" email ID of the Commission "rtimonitoring@gmail.com" to carry
> out this corrupt practice. The website of the Commission "
> http://rti.india.gov.in" contains numerous orders of Mr. Gandhi where this
> email ID is used for this purpose / practice and where high penalties are
> imposed on so-called "deemed PIOs" in blatant disregard of the RTI Act's
> provisions which militate against this.
>
> As the next penalty case where Mr. Gandhi shall carry out his
> "rtimonitoring" exercise is in File: CIC/SG/A/2011/002839 where he proposes
> to penalise 2 "deemed PIOs" instead of the actual offenders - A) Mr.
> Jitendra Gupta B) The Appellate Authority c) The Administrator UT of A&N,
> I would request you to kindly ensure that Mr. Gandhi is supervised so that
> innocent officers are not penalised for defaults of their superiors.
>
> I would also request you to kindly ensure that all communications
> transiting through the gmail ID in question are impounded and form part of
> the records of the Commission and are accessible in RTI process to desirous
> citizens. I am attaching a PDF file containing an email purportedly sent by
> Mr. Gandhi concerning the creation / usage of this gmail ID and its
> identity as an email ID of the Commission for official purposes.
>
> Finally I would request that this email is placed before the Commission at
> its next meeting so that the responsibility of illegally imposing penalties
> on "deemed PIOs" in contravention of the RTI Act devolves collectively on
> the Commission as a body and not on Mr Gandhi alone.
>
> With best wishes for the New Year 2012
>
> Yours sincerely
>
> Sarbajit Roy
> B-59 Defence Colony
> New Delhi 110024
>