Friday, December 24, 2010

[HumJanenge] COMMENTS / OBJECTIONS / SUGGESTIONS : ref:PN/DoPT/OM/2010/RTI/AAA-0000-015

To:
The Government of India, by
Shri R.K.Girdhar
Under-Secretary/RTI
Department of Personnel and Training, North Block
New Delhi 110011

1) CONFIDENTIAL,
2) SECRET,
3) My Intellectual property,
4) Not to be disclosed to any unauthorised person,
5) Not to be disclosed to any private person whatsoever,
6) Not to be disclosed to Prime Minister or his office,
7) Not to be disclosed to National Advisory Council,
8) Not to be disclosed under Right to Information except to myself,

BY EMAIL:


Date:  21-December-2010
Your Ref: OM dated 10.12.2010 in File No.1/35/2008-IR (draft RTI Rules)
Our Ref:  PN/DoPT/OM/2010/RTI/AAA-0000-015
Subject
Objections and/or Suggestions to the amendments proposed

Sir,

I refer to the above citations and your subject OM. I am caused to submit the following objection(s) and/or suggestion(s) to the same.
This is separate, distinct and without prejudice to other objections I may submit from time to time within the period allowed..

http://persmin.gov.in/WriteReadData/RTI/RTI_rules_01122010-1.pdf

I OBJECT as follows:-

1) That the DoPT (as a public authority) was required in law (section 4(1)(b) of RTI Act 2005) by 13 October 2005 to publish the following information

a) Acts, Rules & Regulations held by or used by the public authority.. The RTI Act 2005 and Rules thereunder do not fall in the list published by you as on 10.Dec.2010. This issue is also the subject of my RTI request and pending First Appeal to which I have yet to receive any information / decision.

b) "Consultation by Members of Public" facilities and procedure thereof. The information as published is by DoPT is "The information desired by you is being compiled and at present not available. It will be available at this site very soon." This issue is also the subject of my RTI request and pending First Appeal to which I have yet to receive any information / decision.

c) "Accessible for Public" The information accessible to the public. The information as published is by DoPT is "The information desired by you is being compiled and at present not available. It will be available at this site very soon." This issue is also the subject of my RTI request and pending First Appeal to which I have yet to receive any information / decision.

d) "Information in Electronic Forms" The information as published is by DoPT is "The information desired by you is being compiled and at present not available. It will be available at this site very soon." This issue is also the subject of my RTI request and pending First Appeal to which I have yet to receive any information / decision.

2)  No reasonable member of the public can be expected to file comments / objections / suggestions to an arbitrary and RTI non-compliant public authority like the DoPT.  I am concerned  that the Hon'ble Prime Minister has nominated some well known touts to collect and submit all the objections from NGOs and civil societies for sole consideration via the National Advisory Council. I am given to understand that these touts are making money hand over fist for submitting comments to these RTI Rules and shall make hay in the information vacuum which reigns at DoPT to faciliate these touts who have the free run of DoPT offices which citizens are prevented from entering under various pretexts.

I therefore SUGGEST that the proposal to invite comments on the draft RTI Rules from members of the PUBLIC be withdrawn immediately in view of the present status as highlighted above, and that no comment from members of the public be entertained / considered.

NB:  As the legal questions involved for these Rules are complex, I am formally requesting an opportunity of personal hearing for this before the competent authority. I am also  formally requesting that the opinion of the Law Department.Ministry be obtained on my various objections / suggestions.

Submitted in my individual capacity by

Er. Sarbajit Roy
B-59 Defence Colony
New Delhi 110024
Tel : 09311448069
email ID: "sroy.mb@gmail.com"

Chief Patron: "HumJanenge RTI group" mailing list of over 2,500 RTI stakeholders
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CC: to: (for suitable action and direction)
presidentofindia@rb.nic.in
mos-pp@nic.in
secy_mop@nic.in
sarkardk@nic.in
jsata@nic.in
dirrti-dopt@nic.in
diradmn@nic.in
osdrti-dopt@nic.in
usrti-dopt@nic.in
sroy1947@gmail.com



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