Basic flaw in the decision cited by the LD CPIO.
Kindly read Company Act/ MCA official instead of Supreme Court Rules etc.
I. CIC Decisions by implication , accepted that SCI Rule 1966 can override the RTI, Act , 2005.By accepting SCI Rule 1966 as an exemption clause. This is explained above in detail impact and implication of above acceptance.
II. If there is two systems of getting same thing, it is the choice of taker/ requestor to decide which option suits its requirement. By this CIC decision cited , it is rich which is effected less and live of poor is destroyed completely.
III. CIC has taken , a wrong stand that, SCI Rules, 1966 is special Act for dissemination of information and The RTI Act is general act for dissemination of information .
IV. Kindly note, there is only two page for dissemination of information in SCI Rules (there are 164 pages in rules dealing with other matter) because mainly it deals other matter more like Court procedure. Whereas RTI Act is completed devoted to dissemination of information and had certain special sections related to Supreme Court of India also. Chief Justice of India by 'not notifying' the relevant SCI rules as rules under the RTI Act made a decision that RTI act and its rule will prevail over SCI rule..
V. Secondly it ignore the second condition also of two condition that is RTI Act, 2005 is latter law than the SCI Rules, 1966.Even one condition is fulfilled , even then RTI act, 2005 prevail. It is admitted by the CPIO the SCI rules are of 1966 origin.
VI. Most of the Public Authority has their respective Rules for dissemination of information, much before the RTI act. By this logic / CIC orders cited RTI act is not applicable to all those Public Authority.
VII. There contrary decisions of CIC cited by me in the Appeal.
Advantage to Supreme Court of India./ Implication of denial of information under the RTI Act.
1. Thousands of pages which are already scan / Soft copy can easily give in soft form which cost Rs 10/= . Kindly note, Supreme Court had already allowed E filing and scanning the old records. But Citizen is force to take copies in hard certified paper form(which cost Thousands of Rupees).
a. Rich can afford any amount (including fair as well unfair means obtained by money power by hiring Top Advocate ) , but for poor it is denial of justice /fundamental right completely. Create two kind of Citizen, Rich , who have fundamental right of information and poor , who has to beg –information.
b. It is anti environment act.-killing of tree, when it can be avoided easily by giving soft copy.
c. It is anti national. Any deliberate act, which increase cost of service / production makes country anti competitive is anti national. An action which can be done in Rs 10/= is forced by this type of action in Rs 10000/=. That is there is clear wastage of Rs 9,990/= without any benefits, therefore it is anti national..
d. It reduces check and balances in the system to fight corruption.
e. Removal of all the three penal provision(like compensation, penalty on the officer for delay and information is provided free ) increase corruption and inefficiencies.
f. Citizen is forced to collect information separately (and individually) again and again. (Proactive information disclosure).
g. Kindly see the status of pending case in the Supreme Court of India. This table shows, disposal of the cases is less than the half of the cases registered.
THE MONTHLY STATEMENT OF PENDING CASES FOR THE MONTH OF JUNE, 2010
Pending from the Previous Month
Registered during the month
Disposed of during the month
Pending at the end of the month
Regular Hearing Matters
Therefore, each denial of information means an appeal to Supreme Court of India , which easily take more than 20 month as per above disposal. Whereas first appeal under RTI act, should be decided in one month.
h. In short practical regime provided (for getting fundamental right of information) by the RTI act is destroyed by this interpretation.
B. The argument by the CPIO that Public can obtain the information free of cost through another Public Authority Legal Aid is absurd and similar to , there is law that basic education is provided free, when Public Authority charges fee claiming that Citizen can obtain Scholarship from another Public authority. Each new additional action by Citizen add to his cost and delay in delivery of service / ( getting information in Supreme Court case, lost of education for years in another case)
Ø Looking forward to your response.
Kindly do the needful at the earliest.
(RAKESH K. GUPTA)
On Thu, May 12, 2011 at 6:33 PM, gopala krishnan <firstname.lastname@example.org>
i requested copies of balance sheet and IT returns of D3D tech,
chennai to Register of companies, chennai under rti act 2005. Public
information officer not supplied copy and asked me see in his
website (MCA21). i searched in website but asking pay rs.50/- to view
the document. I made appeal to first appellate authority to furnish
the copy in the form i sought and supply the copies free of cost as
per sec 7(6) of the RTI act. The appeallate authority informed me, for
supplying the copies i have to pay Rs.25/- per page. as per RTI act
for supplying the copies A4 rs2 per page. the Register of company
acting against RTI act.