Re: [HumJanenge] Re: FILING APPLICATION PR REQUEST WITHOUT GIVING REASONS

This will clear the doubt of all:

The Nodal Officer,

Central Information Commission,

Old JNU Campus,

New Delhi-110067.

5.11.2011.

 

Sub: Information under RTI Act, 2005.

 

Ref:    My request dated 25.9.2011 sent on 26.9.11 by speed post to Shri Satyananda Mishra, Chief Information Commissioner.

 

Sir,

 

          In my compliant number CIC/AD/C/2010/000144, Mrs. Annapurna Dixit has out rightly rejected my application for taking action against Shri D K Das, PIO (now Retd), NSD, All India Radio for submitting false affidavits before the IC and has also registered two false FIR/NCS with the Delhi Police falsely declaring that the file has been lost and therefore, information cannot be provided.

2.       In this regard, I request you to inform furnish the following information:

i.        The status of my aforesaid request sent to the Chief IC.

          ii        If my request to make a complaint to the First Class Magistrate for the perjury committed by the CPIO has been rejected, please provide the file notings arriving at this decision.

3.       I am enclosing a copy of my aforesaid request.

4.                 I am enclosing IPO for Rs. 10/- numbering ___________ as RTI fee. 

 

 

 

FURTHER INFORMATION FOR YOU-

 

Giving False statement on oath is a crime. You can recourse to file an application and with the PA as well as with the Information Commission (with copy to the police) stating that you intend to proceed with a criminal complaint against the erring PIO (who gave false affidavit on oath) and request the PA as well as Information commission to follow their duty under law to proceed to inquire further into the matter and file a complaint with the magistrate within a reasonable time under Section 193, 196, 209, 211, 463 and 471 of Indian Penal Code read with the provisions of 340 Cr PC. PA/SIC or CIC that by not following the procedure, they are ventilation the law where a public functionary is duty bound to report the matter to the court of Magistrate of appropriate jurisdiction.

 

It may be mentioned here that the offenses mentioned in Section 195 (1)(b) Cr PC the Court cannot take cognizance except on the complaint to the said court by the aggrieved person. Section 193 IPC and various related sections of IPC like 193 to 196, 199, 200, 205 to 211 (both inclusive) and 228, 463 and related sections, the Court only takes cognizance if the aggrieved party (State or the complainant) comes forward and it is pertinent to mention herein that the Court (read here the Commission too) in whose proceedings a false claim or false document has been submitted does not take any action suo-moto, so the aggrieved person has to show and come forward to prove that the other party has in fact stated false facts and has in fact given or submitted false evidence in relation to Court Proceedings. It is also pointed out that if you choose to file a criminal complaint, you have to be present in the court on all the hearings. You absence even in a single hearing will dismiss the case. So, it is always better that the State/Police may file the complaint.

 

It is most respectfully submitted that under Section 340 clause 1 sub clause (a) to (e) prescribes a procedure wherein the Court after a preliminary inquiry forwards the complaint to the Magistrate. Herein preliminary inquiry means that the concerned court hears both the parties i.e. the complainant/aggrieved party and the party who is purported to have stated false facts and may either dismiss the complaint under Section 340 Cr PC or may record a finding to that effect and forward it to the magistrate:

 

a) Record a finding to that effect;

(b) Make a complaint thereof in writing;

(c) Send it to a Magistrate of the first class having jurisdiction;

If u want, I may send the copy of my aforesaid complaint dated 25.9.11 to CCIC.

Thanks, Sarbajit ji.

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Dear Guptaji

I am very confused

1) You filed a REQUEST (??) to the "Chief Information" (??)

2) The Information you sought concerns rejection of your
"complaint" (for perjury) to the First Class Magistrate. So why should
CIC have it ???

3) What "Competent Authority" do you refer to ?

4) Why should CIC take a decision on your complaint to a Magistrate ?

Sarbajit

On Dec 4, 7:45 pm, "M.K. Gupta" <mkgupta...@yahoo.co.in> wrote:
> I
> submitted an RTIapplication to the Central Information Commission for
> giving information on the status of my request sent to the Chief Information
> and (ii) if my request has been rejected, to provide the file notings arriving
> at that decision.
>
> In
> reply to the above, I received a reply from Shri Dhirendra Kumar, CPIO stating
> (i) your request has been filed and (ii) the nothing relating to the rejection
> of your complaint to the First Class Magistrate for the perjury is not
> available in our record.
>
> I am curious
> to know whether any request should be filed without any making noting and taking
> informed decision to file the same silently.   The statement that "the notings relating to the rejection to your
> complaint to the first class Magistrate for the perjury is not available in our
> record" means no noting or noting may be in the record of some other
> unit/deptt.
>
> Can a
> request or application should be just filed by the subordinate staff without
> taking a decision or written direction by the Competent Authority?  Even if the Competent Authority has just
> written "file" on the application, should it not be informed and copy be
> provided to the applicant?
>
> Whether
> something further can be done in the case to know the reason of inaction on my application.  In such a case, whether first appeal
> should be filed and if so, what should be the grounds?
>
> I shall be grateful for your
> valuable guidance.