Saturday, June 4, 2011

[HumJanenge] PUBLIC GRIEVANCE: WRONG INTERPRETATION OF SECTION 6(3) OF THE RTI ACT 2005 IN THE CONTEXT OF SECTION 13 OF GENERAL CLAUSES ACT 1897


Dear Sandeep ji,
 
Gud move by u.

Paramjit Singh
(World Record Holder)
http://www.recordholdersrepublic.co.uk/recordholders.asp?page=12

--- On Sat, 4/6/11, sandeep kumar <drsandgupta@gmail.com> wrote:

From: sandeep kumar <drsandgupta@gmail.com>
Subject: Re: [HumJanenge] PUBLIC GRIEVANCE: WRONG INTERPRETATION OF SECTION 6(3) OF THE RTI ACT 2005 IN THE CONTEXT OF SECTION 13 OF GENERAL CLAUSES ACT 1897
To: humjanenge@googlegroups.com
Date: Saturday, 4 June, 2011, 7:24 AM

Let as many persons as possible file similar grievances.

On 6/3/11, M.K. Gupta <mkgupta100@yahoo.co.in> wrote:
> This is farce played by the DoPT which is doing every thing possible to
> blunt the RTI Act though it the DoPT should be its custodian.  First, it
> tried to keep the file noting out of RTI perview, then one subject and word
> limit, now this direction.  Every body with some common knowledge that
> in law, singular person also include plural.  WHere the DoPT was for all
> these years?
>
> --- On Fri, 3/6/11, sandeep kumar <drsandgupta@gmail.com> wrote:
>
>
> From: sandeep kumar <drsandgupta@gmail.com>
> Subject: [HumJanenge] PUBLIC GRIEVANCE: WRONG INTERPRETATION OF SECTION 6(3)
> OF THE RTI ACT 2005 IN THE CONTEXT OF SECTION 13 OF GENERAL CLAUSES ACT 1897
> To: secy_mop@nic.in, jsata@nic.in, "humjanenge"
> <humjanenge@googlegroups.com>
> Date: Friday, 3 June, 2011, 4:59 PM
>
>
> To:
> 1) Shri Rajeev Kapur/JS-ATA/DoPT (& webmaster)
> 2) Ms. Alka Sirohi/Secretary/DoPT
>
> Dear Sir / Madam
>
> BY EMAIL
>
> PUBLIC GRIEVANCE PETITION
>
> Sir,
> Please refer to Part IV, Section 5(3) of Guide to RTI Act 2005
> circulated by DoPT vide its Number No. 1/4/2009-IR dated 5.10.2009.
> It has been directed that under section 6(3) of the RTI act, the
> application under RTI is to be transferred to only one public
> authority. The justification has been given that sub-section (3)
> refers to 'another public authority' and not to 'other public
> authorities' and that use of singular form in the Act in this regard
> is important to note.
>
> In this regard it is submitted that the interpretation of the DoPT
> that the PIO is not required to transfer the under Section 6(3) of the
> RTI Act, 2005, if the information "which is held by another public
> authority; or  the subject matter of which is more closely connected
> with the functions of another public authority", is not as per the law
> of the land.
>
> The interpretation is 'misconceived', in the light of Section 13 of
> the General Clauses Act, 1897, which  refer to Gender and number and
> says "
>
> In all (Central Acts) and Regulations, unless there is anything
> repugnant in the subject or context.- Words importing the masculine
> gender shall be taken to include females, and words in the singular
> shall include the plural, and vice versa.".
>
> There is absolutely nothing in Section 6 of the RTI Act 2005 to
> indicate that the legislature intended that the request for
> information should confine to one subject or one public authority
> only."
>
> The only requirement of the Section is that the request shall be in
> writing and accompanied by prescribed fees and the particulars of the
> information sought by the applicant are specified. Contrary intention
> to exclude the operation of the rule that the singular includes the
> plural cannot be inferred merely because the relevant provision is
> drafted in the singular. The act has been enacted to promote
> transparency and accountability in the working of every public
> authority and casts responsibility on every public authority to
> provide information unless it is exempt under the act. The
> interpretation suggested by the department tends to defeat the very
> purpose of the act."
>
> Moreover, it is the settled law that the instruction, guidelines,
> directives, orders, rules and regulations must be in consonance with
> the law of the land (here Section 13 if the General Clauses Act, 1897)
> and does not have any overriding effect over and above the provisions
> of law of the land. Any such instruction, guidelines, directives,
> orders, rules and regulations are ultra-virus and null and void
> ab-nitio.
>
> The recent example in this case is the striking down of the Central
> RTI Regulations by the Delhi High Court, which were found to be having
> overriding effect over the basic law.
>
> DoPT has not learnt the lesson from it and has repeated the same
> mistake by an over enthusiastic officer of the DoPT who looked upon to
> find novel ways to suppress information or to put the information
> seekers to a greater difficulty.
>
> It is also pertinent to draw your kind attention that Section 218 of
> IPC invokes in this case, which reads as under:
>
> Section 218. Public servant framing incorrect record or writing with
> intent to save person from punishment or property from
> forfeiture.-Whoever, being a public servant, and being as such public
> servant, charged with the preparation of any record or other writing,
> frames that record or writing in a manner which he knows to be
> incorrect, with intent to cause, or knowing it to be likely that he
> will thereby cause, loss or injury to the public or to any person, or
> with intent thereby to save, or knowing it to be likely that he will
> thereby save, any person from legal punishment, or with intent to
> save, or knowing that he is likely thereby to save, any property from
> forfeiture or other charge to which it is liable by law, shall be
> punished with imprisonment of either description for a term which may
> extend to three years, or with fine, or with both. The reading of
> other provisions of IPC Section 181 to Section 221 are also very
> relevant in this case.
>
> In view of above, it is requested that the above erroneous instruction
> may please be withdrawn immediately from the retrospective date.
>
> Thanking you,
>
> Yours faithfully,
>
> Dr. Sandeep Kumar Gupta
> 1778, Sector 14, 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

Re: [rti4empowerment] I feel great pain today much much more than when i was stabbed several times

ye to abhi suruvat hai...aage aage dekho hota hai kya....

On Sun, Jun 5, 2011 at 8:10 AM, LESLIE ALMEIDA <lesals2000@yahoo.com> wrote:
As I switched on my TV today early morning ,  i was shocked and grieved at what happened in Delhi, barberic act. is this a secular government? as make beleive, is this a democratic government,
I endorse all that Shri Shanti Bhushan has said, and my strongest support to Civic society.,
 
L.Almeida 

Re: [HumJanenge] OFF-TOPIC: BREAKING NEWS - MID-NIGHT SWOOP AT RAMLILA GROUND

Dear Sarab,
 
We have never expected a gentleman like u will stoop to such a low level even to call names. Please keep natinal interest above the personal animity.


--- On Sun, 5/6/11, Sarbajit Roy <sroy.mb@gmail.com> wrote:

From: Sarbajit Roy <sroy.mb@gmail.com>
Subject: Re: [HumJanenge] OFF-TOPIC: BREAKING NEWS - MID-NIGHT SWOOP AT RAMLILA GROUND
To: humjanenge@googlegroups.com
Date: Sunday, 5 June, 2011, 8:55 AM

Dear Amit / Scorpion King

I am an Aquarian pouring my love and blessings everywhere I visit.
It is Scorpio(n)s who harbour poison and hatred within their breast / tail.

Sarbajit

On 6/5/11, Amit Arora <amitscorpio@gmail.com> wrote:
> Mr. Sarbjit,
>
> I do not know why you have so much hatred in your heart, but I just hope
> that you feel better soon.
>
> Wishing you well!!
>
> Amit
>
> On Sat, Jun 4, 2011 at 10:47 PM, Sarbajit Roy <sroy.mb@gmail.com> wrote:
>
>> Dear Freelancer
>>
>> Thanks for sharing this OFF-TOPIC breaking news which reveals the
>> following.
>>
>> 1) That the Indian State is alert to internal threats (but not
>> external threats).
>>
>> 2) That Mr Arvind Kejriwal stands exposed on national TV as an RSS
>> sevadar (which may not be such a bad thing as pseudo-secularist TV
>> channels like NDTV keep portraying)
>>
>> 3) That the police erred in swooping at 1 AM. Psychologically the best
>> time for these strikes is around 3.30 AM
>>
>> 4) Being an eminent yogist myself, I can assure you that teargas and
>> lathi strokes are of no consequence.
>>
>> Sarbajit
>>
>> On 6/5/11, M.K. Gupta <mkgupta100@yahoo.co.in> wrote:
>> > BREAKING NEWS
>> > M K Gupta, Free Lancer
>> > 5.6.2011, 5.00 pm.
>> > MID-NIGHT SWOOP AT RAMLILA GROUND
>> > BABA REMOVED FROM RAMLILA GROUND
>> > BABA RAMDEV UNDER CUSTODY? LEFT AT UP/UTTRAKHAND BORDER?
>> > GROUND VACATED
>> > AGITATIONISTS ARE HEADING TOWARDS JANTAR MANTAR
>> > ONE PERSON TRIES SELF-IMMOLATION BEFORE CONGRESS OFFICE
>> > MANY INJURED
>> > TEARGAS USED
>> > AGITATION WAS SPONSORED – GOVT. CHARGES
>> > LATHI CHARGE AT AGITATIONST
>> > POLICE ACT AROUND 1.30 a.m.
>>
>

Re: [HumJanenge] OFF-TOPIC: BREAKING NEWS - MID-NIGHT SWOOP AT RAMLILA GROUND

Dear Amit / Scorpion King

I am an Aquarian pouring my love and blessings everywhere I visit.
It is Scorpio(n)s who harbour poison and hatred within their breast / tail.

Sarbajit

On 6/5/11, Amit Arora <amitscorpio@gmail.com> wrote:
> Mr. Sarbjit,
>
> I do not know why you have so much hatred in your heart, but I just hope
> that you feel better soon.
>
> Wishing you well!!
>
> Amit
>
> On Sat, Jun 4, 2011 at 10:47 PM, Sarbajit Roy <sroy.mb@gmail.com> wrote:
>
>> Dear Freelancer
>>
>> Thanks for sharing this OFF-TOPIC breaking news which reveals the
>> following.
>>
>> 1) That the Indian State is alert to internal threats (but not
>> external threats).
>>
>> 2) That Mr Arvind Kejriwal stands exposed on national TV as an RSS
>> sevadar (which may not be such a bad thing as pseudo-secularist TV
>> channels like NDTV keep portraying)
>>
>> 3) That the police erred in swooping at 1 AM. Psychologically the best
>> time for these strikes is around 3.30 AM
>>
>> 4) Being an eminent yogist myself, I can assure you that teargas and
>> lathi strokes are of no consequence.
>>
>> Sarbajit
>>
>> On 6/5/11, M.K. Gupta <mkgupta100@yahoo.co.in> wrote:
>> > BREAKING NEWS
>> > M K Gupta, Free Lancer
>> > 5.6.2011, 5.00 pm.
>> > MID-NIGHT SWOOP AT RAMLILA GROUND
>> > BABA REMOVED FROM RAMLILA GROUND
>> > BABA RAMDEV UNDER CUSTODY? LEFT AT UP/UTTRAKHAND BORDER?
>> > GROUND VACATED
>> > AGITATIONISTS ARE HEADING TOWARDS JANTAR MANTAR
>> > ONE PERSON TRIES SELF-IMMOLATION BEFORE CONGRESS OFFICE
>> > MANY INJURED
>> > TEARGAS USED
>> > AGITATION WAS SPONSORED – GOVT. CHARGES
>> > LATHI CHARGE AT AGITATIONST
>> > POLICE ACT AROUND 1.30 a.m.
>>
>

Re: [HumJanenge] OFF-TOPIC: BREAKING NEWS - MID-NIGHT SWOOP AT RAMLILA GROUND

Mr. Sarbjit,

I do not know why you have so much hatred in your heart, but I just hope that you feel better soon.

Wishing you well!!

Amit

On Sat, Jun 4, 2011 at 10:47 PM, Sarbajit Roy <sroy.mb@gmail.com> wrote:
Dear Freelancer

Thanks for sharing this OFF-TOPIC breaking news which reveals the following.

1) That the Indian State is alert to internal threats (but not
external threats).

2) That Mr Arvind Kejriwal stands exposed on national TV as an RSS
sevadar (which may not be such a bad thing as pseudo-secularist TV
channels like NDTV keep portraying)

3) That the police erred in swooping at 1 AM. Psychologically the best
time for these strikes is around 3.30 AM

4) Being an eminent yogist myself, I can assure you that teargas and
lathi strokes are of no consequence.

Sarbajit

On 6/5/11, M.K. Gupta <mkgupta100@yahoo.co.in> wrote:
> BREAKING NEWS
> M K Gupta, Free Lancer
> 5.6.2011, 5.00 pm.
> MID-NIGHT SWOOP AT RAMLILA GROUND
> BABA REMOVED FROM RAMLILA GROUND
> BABA RAMDEV UNDER CUSTODY? LEFT AT UP/UTTRAKHAND BORDER?
> GROUND VACATED
> AGITATIONISTS ARE HEADING TOWARDS JANTAR MANTAR
> ONE PERSON TRIES SELF-IMMOLATION BEFORE CONGRESS OFFICE
> MANY INJURED
> TEARGAS USED
> AGITATION WAS SPONSORED – GOVT. CHARGES
> LATHI CHARGE AT AGITATIONST
> POLICE ACT AROUND 1.30 a.m.

[HumJanenge] OFF-TOPIC: BREAKING NEWS - MID-NIGHT SWOOP AT RAMLILA GROUND

Dear Freelancer

Thanks for sharing this OFF-TOPIC breaking news which reveals the following.

1) That the Indian State is alert to internal threats (but not
external threats).

2) That Mr Arvind Kejriwal stands exposed on national TV as an RSS
sevadar (which may not be such a bad thing as pseudo-secularist TV
channels like NDTV keep portraying)

3) That the police erred in swooping at 1 AM. Psychologically the best
time for these strikes is around 3.30 AM

4) Being an eminent yogist myself, I can assure you that teargas and
lathi strokes are of no consequence.

Sarbajit

On 6/5/11, M.K. Gupta <mkgupta100@yahoo.co.in> wrote:
> BREAKING NEWS
> M K Gupta, Free Lancer
> 5.6.2011, 5.00 pm.
> MID-NIGHT SWOOP AT RAMLILA GROUND
> BABA REMOVED FROM RAMLILA GROUND
> BABA RAMDEV UNDER CUSTODY? LEFT AT UP/UTTRAKHAND BORDER?
> GROUND VACATED
> AGITATIONISTS ARE HEADING TOWARDS JANTAR MANTAR
> ONE PERSON TRIES SELF-IMMOLATION BEFORE CONGRESS OFFICE
> MANY INJURED
> TEARGAS USED
> AGITATION WAS SPONSORED – GOVT. CHARGES
> LATHI CHARGE AT AGITATIONST
> POLICE ACT AROUND 1.30 a.m.

[rti4empowerment] I feel great pain today much much more than when i was stabbed several times

As I switched on my TV today early morning ,  i was shocked and grieved at what happened in Delhi, barberic act. is this a secular government? as make beleive, is this a democratic government,
I endorse all that Shri Shanti Bhushan has said, and my strongest support to Civic society.,
 
L.Almeida 

[HumJanenge] BREAKING NEWS - MID-NIGHT SWOOP AT RAMLILA GROUND

BREAKING NEWS

M K Gupta, Free Lancer

5.6.2011, 5.00 pm.

MID-NIGHT SWOOP AT RAMLILA GROUND

BABA REMOVED FROM RAMLILA GROUND

BABA RAMDEV UNDER CUSTODY? LEFT AT UP/UTTRAKHAND BORDER?

GROUND VACATED

AGITATIONISTS ARE HEADING TOWARDS JANTAR MANTAR 

ONE PERSON TRIES SELF-IMMOLATION BEFORE CONGRESS OFFICE

MANY INJURED

TEARGAS USED

AGITATION WAS SPONSORED – GOVT. CHARGES

LATHI CHARGE AT AGITATIONST

POLICE ACT AROUND 1.30 a.m.

Friday, June 3, 2011

Re: [HumJanenge] Task Force constituted for effect implementation of Section 4 of the RTI Act, 2005-Comments invited

Dear Friend,
I think the question of constitution of the task force should not come
into the way of our submitting suggestions.


On 6/3/11, SHASHI KUMAR.A.R. <rudreshtechnology@gmail.com> wrote:
> Dear Dr. Sir
> Thank you for valuable post , Before constituting task force DOPT is not
> published regarding this , How they have selected the members of NGO'S ,
> Some of the NGO's are having only theory
> they have only experts in giving theory , But practical situation they dont
> know , The DOPT is not provided any opportunity to individual RTI Activists
> who are having good field practical experience
> From Karantaka they have selected one Srir Gurumurthy , But we never heard
> of his name , hence in my opinion they have to include rti activists from
> each state , Because the practical difficulties known to user only not the
> expert who knows theory
>
> On Fri, Jun 3, 2011 at 4:44 PM, sandeep kumar <drsandgupta@gmail.com> wrote:
>
>> Dear Friends,
>> The central government has constituted a task force for effective
>> implementation of section 4 of the RTI act. Besides implementation of
>> section 4, this task force has been asked to recommend other items
>> that can be included under section 4(1)(b)(xvii), to recommend
>> measures for protection of information seekers and other issues. All
>> are requested to submit their valuable opinions at usrti-dopt@nic.in
>> by June 12, 2011.
>> The notification is enclosed as attachment.
>> Please rush as it is very vital opportunity for us.
>> regards
>> sandeep
>>
>> --
>> 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

Re: [HumJanenge] "WRONG" PUBLIC GRIEVANCE: WRONG INTERPRETATION OF SECTION 6(3) OF THE RTI ACT 2005 IN THE CONTEXT OF SECTION 13 OF GENERAL CLAUSES ACT 1897

Dear Sir,
The Department of Personnel & Training OM No.1/12/2010-IR dated 19
May, 2011 is meant for the use of DOPT itself and is not the
instruction for other departments. The DOPT must instruct other
departments/ministeries to follow same instructions.
Copy to
1) Shri Rajeev Kapur/JS-ATA/DoPT (& webmaster)
2) Ms. Alka Sirohi/Secretary/DoPT


On 6/3/11, Manoj Pai <manojpai@yahoo.com> wrote:
> Relax Gupta ji, you better update yourself before you send such a email
> guised as "Public Grievance" to the Hon Secretary.
>
> I invite your attention to Department of Personnel & Training  OM
> No.1/12/2010-IR dated 19 May, 2011 para 2 of which clearly reads as
>
> "2. In this context a RTI Cell has been set up in the Department of
> Personnel and Training
> (by reorganizing the staff in Administration Division) with the following
> functions:
>
> a).....
> b) ....;
> c) transfer applications not pertaining to the public authority to the
> concerned public
> authority;"
>
> And yes, this order was issued last month, but before your email and is
> readily available on the website of DoP&T.
>
> Manoj Pai
>
> Copy to
> 1) Shri Rajeev Kapur/JS-ATA/DoPT (& webmaster)
> 2) Ms. Alka Sirohi/Secretary/DoPT
>
>
> --- On Fri, 6/3/11, sandeep kumar <drsandgupta@gmail.com> wrote:
>
> Dr. Sandeep Kumar Gupta
> 1778, Sector 14, 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

Re: [HumJanenge] PUBLIC GRIEVANCE: WRONG INTERPRETATION OF SECTION 6(3) OF THE RTI ACT 2005 IN THE CONTEXT OF SECTION 13 OF GENERAL CLAUSES ACT 1897

Let as many persons as possible file similar grievances.

On 6/3/11, M.K. Gupta <mkgupta100@yahoo.co.in> wrote:
> This is farce played by the DoPT which is doing every thing possible to
> blunt the RTI Act though it the DoPT should be its custodian.  First, it
> tried to keep the file noting out of RTI perview, then one subject and word
> limit, now this direction.  Every body with some common knowledge that
> in law, singular person also include plural.  WHere the DoPT was for all
> these years?
>
> --- On Fri, 3/6/11, sandeep kumar <drsandgupta@gmail.com> wrote:
>
>
> From: sandeep kumar <drsandgupta@gmail.com>
> Subject: [HumJanenge] PUBLIC GRIEVANCE: WRONG INTERPRETATION OF SECTION 6(3)
> OF THE RTI ACT 2005 IN THE CONTEXT OF SECTION 13 OF GENERAL CLAUSES ACT 1897
> To: secy_mop@nic.in, jsata@nic.in, "humjanenge"
> <humjanenge@googlegroups.com>
> Date: Friday, 3 June, 2011, 4:59 PM
>
>
> To:
> 1) Shri Rajeev Kapur/JS-ATA/DoPT (& webmaster)
> 2) Ms. Alka Sirohi/Secretary/DoPT
>
> Dear Sir / Madam
>
> BY EMAIL
>
> PUBLIC GRIEVANCE PETITION
>
> Sir,
> Please refer to Part IV, Section 5(3) of Guide to RTI Act 2005
> circulated by DoPT vide its Number No. 1/4/2009-IR dated 5.10.2009.
> It has been directed that under section 6(3) of the RTI act, the
> application under RTI is to be transferred to only one public
> authority. The justification has been given that sub-section (3)
> refers to 'another public authority' and not to 'other public
> authorities' and that use of singular form in the Act in this regard
> is important to note.
>
> In this regard it is submitted that the interpretation of the DoPT
> that the PIO is not required to transfer the under Section 6(3) of the
> RTI Act, 2005, if the information "which is held by another public
> authority; or  the subject matter of which is more closely connected
> with the functions of another public authority", is not as per the law
> of the land.
>
> The interpretation is 'misconceived', in the light of Section 13 of
> the General Clauses Act, 1897, which  refer to Gender and number and
> says "
>
> In all (Central Acts) and Regulations, unless there is anything
> repugnant in the subject or context.- Words importing the masculine
> gender shall be taken to include females, and words in the singular
> shall include the plural, and vice versa.".
>
> There is absolutely nothing in Section 6 of the RTI Act 2005 to
> indicate that the legislature intended that the request for
> information should confine to one subject or one public authority
> only."
>
> The only requirement of the Section is that the request shall be in
> writing and accompanied by prescribed fees and the particulars of the
> information sought by the applicant are specified. Contrary intention
> to exclude the operation of the rule that the singular includes the
> plural cannot be inferred merely because the relevant provision is
> drafted in the singular. The act has been enacted to promote
> transparency and accountability in the working of every public
> authority and casts responsibility on every public authority to
> provide information unless it is exempt under the act. The
> interpretation suggested by the department tends to defeat the very
> purpose of the act."
>
> Moreover, it is the settled law that the instruction, guidelines,
> directives, orders, rules and regulations must be in consonance with
> the law of the land (here Section 13 if the General Clauses Act, 1897)
> and does not have any overriding effect over and above the provisions
> of law of the land. Any such instruction, guidelines, directives,
> orders, rules and regulations are ultra-virus and null and void
> ab-nitio.
>
> The recent example in this case is the striking down of the Central
> RTI Regulations by the Delhi High Court, which were found to be having
> overriding effect over the basic law.
>
> DoPT has not learnt the lesson from it and has repeated the same
> mistake by an over enthusiastic officer of the DoPT who looked upon to
> find novel ways to suppress information or to put the information
> seekers to a greater difficulty.
>
> It is also pertinent to draw your kind attention that Section 218 of
> IPC invokes in this case, which reads as under:
>
> Section 218. Public servant framing incorrect record or writing with
> intent to save person from punishment or property from
> forfeiture.-Whoever, being a public servant, and being as such public
> servant, charged with the preparation of any record or other writing,
> frames that record or writing in a manner which he knows to be
> incorrect, with intent to cause, or knowing it to be likely that he
> will thereby cause, loss or injury to the public or to any person, or
> with intent thereby to save, or knowing it to be likely that he will
> thereby save, any person from legal punishment, or with intent to
> save, or knowing that he is likely thereby to save, any property from
> forfeiture or other charge to which it is liable by law, shall be
> punished with imprisonment of either description for a term which may
> extend to three years, or with fine, or with both. The reading of
> other provisions of IPC Section 181 to Section 221 are also very
> relevant in this case.
>
> In view of above, it is requested that the above erroneous instruction
> may please be withdrawn immediately from the retrospective date.
>
> Thanking you,
>
> Yours faithfully,
>
> Dr. Sandeep Kumar Gupta
> 1778, Sector 14, 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

[HumJanenge] pay todayrs one crore to Indian national congress you get next year Padma shree ward



----Forwarded Message----

From: gopalakrishnanvelu@yahoo.co.in
To: humjanenge@googlegroups.com
To: humjanenge@googlegroups.com
Sent: Fri, 03 Jun 2011 23:00 IST
Subject:

i attached a sample list donation given by the companies, individual, electrocal trust, shri sunny varkay founder and  chairman of GEMS education( given padma shri award in the year 2009), rossell tea LTD not shown donation i balance sheet.please check whether in the balance sheet whether they mention about the donation.

V.Gopalakrishnan

Re: [HumJanenge] Task Force constituted for effect implementation of Section 4 of the RTI Act, 2005-Comments invited

Dear Dr. Sir
Thank you for valuable post , Before constituting task force DOPT is not published regarding this , How they have selected the members of NGO'S , Some of the NGO's are having only theory
they have only experts in giving theory , But practical situation they dont know , The DOPT is not provided any opportunity to individual RTI Activists who are having good field practical experience
From Karantaka they have selected one Srir Gurumurthy , But we never heard of his name , hence in my opinion they have to include rti activists from each state , Because the practical difficulties known to user only not the expert who knows theory

On Fri, Jun 3, 2011 at 4:44 PM, sandeep kumar <drsandgupta@gmail.com> wrote:
Dear Friends,
The central government has constituted a task force for effective
implementation of section 4 of the RTI act. Besides implementation of
section 4, this task force has been asked to recommend other items
that can be included under section 4(1)(b)(xvii), to recommend
measures for protection of information seekers and other issues. All
are requested to submit their valuable opinions at usrti-dopt@nic.in
by June 12, 2011.
The notification is enclosed as attachment.
Please rush as it is very vital opportunity for us.
regards
sandeep

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

Re: [HumJanenge] CIC-NO PENALTY OR ACTION AGAINST CPIO/FAA, DDA EVEN THEN BOTH HAVE NOT RESPONDED

The CIC has made it clear that it will not review its decision and they can only be challenged in jurisdictional court.  Do u think, even after this, the letter will serve some purpose, except an additional ground while challenging the decision that the appellant has exhausted this remedy also though, this additional remedy is not legally available.

--- On Fri, 3/6/11, Jitendra P. Shah <jpshah50@yahoo.co.in> wrote:

From: Jitendra P. Shah <jpshah50@yahoo.co.in>
Subject: Re: [HumJanenge] CIC-NO PENALTY OR ACTION AGAINST CPIO/FAA, DDA EVEN THEN BOTH HAVE NOT RESPONDED
To: "humjanenge@googlegroups.com" <humjanenge@googlegroups.com>
Date: Friday, 3 June, 2011, 5:15 PM

Why not try:.


and

Additional Remedy
 
Consumer Notice
http://www.rtiindia.org/forum/blogs/jps50/1217-notice-under-consumer-protection-act-right-information-act.html
 -J. P. SHAH 09924106490 or 0285-2674025


 



From: C K Jam <rtiwanted@yahoo.com>
To: "humjanenge@googlegroups.com" <humjanenge@googlegroups.com>
Sent: Friday, 3 June 2011 7:10 AM
Subject: Re: [HumJanenge] CIC-NO PENALTY OR ACTION AGAINST CPIO/FAA, DDA EVEN THEN BOTH HAVE NOT RESPONDED

Did you file this as a "Complaint" under Sec 18 or a "Second Appeal" under Sec 19(3) ?
If it was a second appeal (and first appeal under Sec 19(1) already exhausted), there are no grounds for her to return this to the FAA.
This is a copy paste order of several (thousands) such orders by IC DS, IC SS, IC AD, and even IC SG.
CIC SM also passes such orders depending on the mood of his Registry staff.

RTIwanted


From: M.K. Gupta <mkgupta100@yahoo.co.in>
To: humjanenge@googlegroups.com
Cc: Mahesh Tak <tak.mahesh@gmail.com>; REJIMON Keshavan Chathanchirayil <rejimonck@gmail.com>
Sent: Thursday, June 2, 2011 10:33 PM
Subject: [HumJanenge] CIC-NO PENALTY OR ACTION AGAINST CPIO/FAA, DDA EVEN THEN BOTH HAVE NOT RESPONDED

In a case wherein neither the CPIO nor the FAA of DDA has given any reply to the complainant, the decision of Mrs. Deepak Sandhu, Hon'bvle CIC has been given below. 
 
This decision has by and large, exornated the CPIO from any penaly or disciplanary action.  FAA has also got almost scot-free.
 
In the face of such decisions, Public Authorities will hardly take the RTI Act seriously and will give information after an applicant/ complainant reaches the CIC.
 
CENTRAL INFORMATION COMMISSION
Room No.-307, 2nd Floor, B-Wing, August Kranti Bhawan
Bhikaji Cama Place, New Delhi-110066.
Telefax:011-26180532 & 011-26107254
Website : cic.gov.in
Date : April 13, 2011
Complaint No. : CIC/DS/C/2011/000219
Complainant : Shri Mahesh Tak, Dwarka (New Delhi).
Public Authority : Delhi Development Authority, New Delhi.
ORDER
The Commission has received a complaint petition, dated 23/06/2010 (Diary
No.:43128/2010) from Shri Mahesh Tak, in respect of his/her RTI-application on
04/03/2010 filed with the CPIO, Office of the Superintending Engineer (H.Q.), Delhi
Development Authority, Manglapuri, New Delhi-110045 (A Copy of RTI application is
enclosed). Thereafter, the petitioner filed 1st Appeal before the First Appellate Authority of
Public Authority. From the perusal of documents on record, it is seen that the same has not
been adjudicated upon by the First Appellate Authority.
2. In order to avoid multiple proceedings under section 19 and 18 of the RTI Act, viz,
appeals and complaints, the matter is remitted to the CPIO with the following
directions:
i. In case, no reply has been given by CPIO to the complainant to his/her RTI request,
the CPIO should furnish a reply to the complainant within two weeks of receipt of
this order.
ii. In case CPIO has already given reply to the complainant in the matter, he/she
should furnish a copy of his/her reply to the complainant within one week of receipt
of this order.
iii. CPIO should invariably indicate to the complainant the name and address of
the 1st Appellate Authority, before whom the complainant can file first appeal, if any.
Page
1
iv. A copy of CPIO's reply will be endorsed to the Commission clearly indicating
the case number and reason for delay, if any, in providing information.
3. In case the complainant is not satisfied with the reply received from the CPIO, he/she,
under section 19(i) of the RTI Act, may file first-appeal before the FAA within the
time prescribed under the RTI Act.
4. On receipt of the first appeal from the petitioner as per the above directions, FAA
should dispose of the appeal within the period stipulated in the RTI Act.
5. In case complainant still feels aggrieved by the decision of FAA, he/she shall be free
to approach the Commission in second appeal under section 19(3), along with
complaint u/s 18, if any, within the prescribed time limit.
(Smt. Deepak Sandhu)
Information Commissioner (DS)
Authenticated true copy:
(T. K. Mohapatra)
U.S. & Dy. Registrar
Tele. No. : 011-26105027
tk.mohapatra@nic.in
Copy to :-
1. Shri Mahesh Tak
58 C, Pocket – 1,
Sector – 10, Dwarka,
New Delhi-110075.
Contact No. : 98104 09087.
2. Central Public Information Officer
Office of the Superintending Engineer (H.Q.),
Delhi Development Authority,
Page
2
Manglapuri,
New Delhi-110045.
-:-
Page
3




Re: [HumJanenge] "WRONG" PUBLIC GRIEVANCE: WRONG INTERPRETATION OF SECTION 6(3) OF THE RTI ACT 2005 IN THE CONTEXT OF SECTION 13 OF GENERAL CLAUSES ACT 1897

Relax Gupta ji, you better update yourself before you send such a email guised as "Public Grievance" to the Hon Secretary.

I invite your attention to Department of Personnel & Training  OM No.1/12/2010-IR dated 19 May, 2011 para 2 of which clearly reads as

"2. In this context a RTI Cell has been set up in the Department of Personnel and Training
(by reorganizing the staff in Administration Division) with the following functions:

a).....
b) ....;
c) transfer applications not pertaining to the public authority to the concerned public
authority;"

And yes, this order was issued last month, but before your email and is readily available on the website of DoP&T.

Manoj Pai

Copy to
1) Shri Rajeev Kapur/JS-ATA/DoPT (& webmaster)
2) Ms. Alka Sirohi/Secretary/DoPT


--- On Fri, 6/3/11, sandeep kumar <drsandgupta@gmail.com> wrote:

Dr. Sandeep Kumar Gupta
1778, Sector 14, Hisar-125001, INDIA
Phone: 91-99929-31181

Re: [HumJanenge] PUBLIC GRIEVANCE: WRONG INTERPRETATION OF SECTION 6(3) OF THE RTI ACT 2005 IN THE CONTEXT OF SECTION 13 OF GENERAL CLAUSES ACT 1897

This is farce played by the DoPT which is doing every thing possible to blunt the RTI Act though it the DoPT should be its custodian.  First, it tried to keep the file noting out of RTI perview, then one subject and word limit, now this direction.  Every body with some common knowledge that in law, singular person also include plural.  WHere the DoPT was for all these years?  

--- On Fri, 3/6/11, sandeep kumar <drsandgupta@gmail.com> wrote:

From: sandeep kumar <drsandgupta@gmail.com>
Subject: [HumJanenge] PUBLIC GRIEVANCE: WRONG INTERPRETATION OF SECTION 6(3) OF THE RTI ACT 2005 IN THE CONTEXT OF SECTION 13 OF GENERAL CLAUSES ACT 1897
To: secy_mop@nic.in, jsata@nic.in, "humjanenge" <humjanenge@googlegroups.com>
Date: Friday, 3 June, 2011, 4:59 PM

To:
1) Shri Rajeev Kapur/JS-ATA/DoPT (& webmaster)
2) Ms. Alka Sirohi/Secretary/DoPT

Dear Sir / Madam

BY EMAIL

PUBLIC GRIEVANCE PETITION

Sir,
Please refer to Part IV, Section 5(3) of Guide to RTI Act 2005
circulated by DoPT vide its Number No. 1/4/2009-IR dated 5.10.2009.
It has been directed that under section 6(3) of the RTI act, the
application under RTI is to be transferred to only one public
authority. The justification has been given that sub-section (3)
refers to 'another public authority' and not to 'other public
authorities' and that use of singular form in the Act in this regard
is important to note.

In this regard it is submitted that the interpretation of the DoPT
that the PIO is not required to transfer the under Section 6(3) of the
RTI Act, 2005, if the information "which is held by another public
authority; or  the subject matter of which is more closely connected
with the functions of another public authority", is not as per the law
of the land.

The interpretation is 'misconceived', in the light of Section 13 of
the General Clauses Act, 1897, which  refer to Gender and number and
says "

In all (Central Acts) and Regulations, unless there is anything
repugnant in the subject or context.- Words importing the masculine
gender shall be taken to include females, and words in the singular
shall include the plural, and vice versa.".

There is absolutely nothing in Section 6 of the RTI Act 2005 to
indicate that the legislature intended that the request for
information should confine to one subject or one public authority
only."

The only requirement of the Section is that the request shall be in
writing and accompanied by prescribed fees and the particulars of the
information sought by the applicant are specified. Contrary intention
to exclude the operation of the rule that the singular includes the
plural cannot be inferred merely because the relevant provision is
drafted in the singular. The act has been enacted to promote
transparency and accountability in the working of every public
authority and casts responsibility on every public authority to
provide information unless it is exempt under the act. The
interpretation suggested by the department tends to defeat the very
purpose of the act."

Moreover, it is the settled law that the instruction, guidelines,
directives, orders, rules and regulations must be in consonance with
the law of the land (here Section 13 if the General Clauses Act, 1897)
and does not have any overriding effect over and above the provisions
of law of the land. Any such instruction, guidelines, directives,
orders, rules and regulations are ultra-virus and null and void
ab-nitio.

The recent example in this case is the striking down of the Central
RTI Regulations by the Delhi High Court, which were found to be having
overriding effect over the basic law.

DoPT has not learnt the lesson from it and has repeated the same
mistake by an over enthusiastic officer of the DoPT who looked upon to
find novel ways to suppress information or to put the information
seekers to a greater difficulty.

It is also pertinent to draw your kind attention that Section 218 of
IPC invokes in this case, which reads as under:

Section 218. Public servant framing incorrect record or writing with
intent to save person from punishment or property from
forfeiture.-Whoever, being a public servant, and being as such public
servant, charged with the preparation of any record or other writing,
frames that record or writing in a manner which he knows to be
incorrect, with intent to cause, or knowing it to be likely that he
will thereby cause, loss or injury to the public or to any person, or
with intent thereby to save, or knowing it to be likely that he will
thereby save, any person from legal punishment, or with intent to
save, or knowing that he is likely thereby to save, any property from
forfeiture or other charge to which it is liable by law, shall be
punished with imprisonment of either description for a term which may
extend to three years, or with fine, or with both. The reading of
other provisions of IPC Section 181 to Section 221 are also very
relevant in this case.

In view of above, it is requested that the above erroneous instruction
may please be withdrawn immediately from the retrospective date.

Thanking you,

Yours faithfully,

Dr. Sandeep Kumar Gupta
1778, Sector 14, Hisar-125001, INDIA
Phone: 91-99929-31181

Re: [HumJanenge] Anna has not lied. Pl do not spread this wrong info. Grateful to u if u appreciate this.

We all should accept -Anna Hajare has started this movement against corruption a movement similar to that of "SWARAJ" Let us accept and give him all the support taht is needed. At the same time people in public life should not only be clean but also exhibit and show  that they are clean. Let us try to do just that instead of getting into arguments. I have grestest respect for Sister Kiran Bedi also. Dear sister, why not we show that we are clean.
 
JSD Pani
President- Mahiti Hakku Jagruti Vedike ( a group of RTI Activists) 
 

 
On Fri, Jun 3, 2011 at 4:35 PM, HG PANDYA <hgpandya@gmail.com> wrote:
I must say Anna lost his credibility by speeches in Gujarat. He once
appreciated Narendra Modi Govt. and changed statement at all, as was
instigated by Mallika Sarabhai. She herself is a Psudo Activist.
Exploited so many in Calico Mill closure and also in classes of dance,
touring them for abroad prog. and earning through..so many
scams......She contested against L.K. Advani but got votes in 100s.

Now Anna spoke a lot in Guj. and declared Guj. as scamful state. The
other person with him was Swami Agniwesh, a political clan of swamis.
Baba must see the facts and  after detailed inspection he must utter a word.
He must recall his one day jail resulted by his blufing.

He didnot adhere to the demand of removing any one from Bhushans and
ultimately they proved them involved in a big land scam, which they
can't clear. Atleast baba must distance from these people.

On Thu, Jun 2, 2011 at 1:21 PM, R. Dua <r.dua1234@gmail.com> wrote:
> Am a bit sorry to get to this a little late.
> Actually the upside to this is that i get to read so many views and as
> sarabjitji rightly says no harm in putting up questions.. but we should not
> let these and personal issues of all these ppl involved in the fore front,
> and their individual personalities deter us from the crux of the whole
> matter.. stop the snow balling effect of bad practices, that is where the
> quantum comes in i guess.
> We all like to read these mails and gain knowledge abt these matters.
> Thank You.
>
> On Fri, Apr 22, 2011 at 4:37 AM, avinash chawla <achawla42@gmail.com> wrote:
>>
>> Democracy essentially is Government of the people, by the people and for
>> the people. However , for limitations of Communications and Information ,
>> concept of Representatives had to be adopted. Unfortunately because of lack
>> of morals and ethics amongst the representatives, the Democracy has
>> degenerated to be the Government of the Representatives, by the
>> Representatives and for the Representatives so much so that the authority of
>> electorate who elected the representatives on the promise of good services
>> has been negated totally and the servants of Society have become masters.
>> It is being argued that the Parliament is the only authorized institution
>> to  legislate totally ignoring the voice of Society. One must not forget
>> that the ultimate authority lies with people only and the representatives
>> draw their powers through  the people. They are not supposed to give their
>> verdicts but represent the verdict of the people. Fortunately the
>> developments in Communication and Information  has made it much easier to
>> obtain the opinion of people which being authentic must be adopted in toto.
>> The massive support to the Jan Lok Pal bill needs to be  taken in to
>> account and bickering politicians need to go back to their constituency to
>> assess the mood of the people and adopt the same. however if they are not
>> satisfied with the will of the people they should no longer remain the
>> Representative.
>> As  stated by Anna and others ,the Lok Pal Bill is  not the panacea for
>> the wide spread corruption but this  definitely is the first step towards
>> eradication of the evils prevailing in Governance and must be pursued with
>> all the vigor ignoring efforts by some of the politicians to derail the
>> movement by diverting attention to petty issues.
>>  If the matters are not amicably  resolved  in the Joint Committee, it may
>> be worth going in for a referendum before taking the issue to Parliament.
>> Avinash Chawla
>> 9990924123
>>
>> On Tue, Apr 19, 2011 at 8:45 AM, <kiranbedi2005@yahoo.co.in> wrote:
>>>
>>> Anna has not lied.
>>> Please.
>>> The award is an announcement only.
>>> And not received.
>>> Let us please allow honest change in our country!
>>> Its for the good of all of us. And our children.
>>> With gratitude. Kiran.
>>> Sent from BlackBerry® on Airtel
>>>
>>> -----Original Message-----
>>> From: sarbajit roy <sroy.mb@gmail.com>
>>> Sender: humjanenge@googlegroups.com
>>> Date: Mon, 18 Apr 2011 20:09:27
>>> To: HumJanenge RTI India Right to Information Act
>>> 2005<HumJanenge@googlegroups.com>
>>> Reply-To: humjanenge@googlegroups.com
>>> Subject: [HumJanenge] "Anna" lies again
>>>
>>> http://www.hindu.com/2011/04/16/stories/2011041662461600.htm
>>>
>>> Dear Mr Anna Hazare.
>>>
>>> It seems that you have many names.
>>>
>>> What happened to the Rs. 110,00,000 (Rs 1.1 crore) that you received
>>> for the IIPM-Rabindranath Tagore award 2011 - or is that just another
>>> device to launder white money into black ?
>>
>
>



--
JSD Pani

[HumJanenge] Maha to Reward Whistleblowers to Curb Corruption

Maha to Reward Whistleblowers to Curb Corruption
                                                                                                                                             Economic Times, 3.6.2011.

THANE Maharashtra Government has decided to reward those who provide information about corrupt Government employees, the home department has said in reply to an RTI query. The department, in reply to an RTI query by senior BJP leader Om Prakash Sharma has stated that the Government has decided to make use of informers to weed out corruption and to locate the wealth amassed by the Government employees. The informers, who give specific information about employees who have amassed wealth beyond their known sources of income, will be rewarded. The informers would be provided protection and their names would be kept secret. The informers will be paid . 10,000 by way of reward for information on corruption up to . 25 lakh while they will be paid . 25,000 for unearthing corruption of between . 25 lakh and . 50 lakh. As per the slabs worked out by the department, . 50,000 to be paid for detecting corruption of between . 50 lakh and . 1 crore and . 1 lakh for corruption of between . 1 crore and . 5 crore .

Re: [HumJanenge] Big companies paying bribe OR MAMUL every year to Congress in the way donation in own name or sister concern

Dear Friends,

Democracy is all about mass following.

Government in a democracy is all about transparency and information to the people, for the people by the the people's representatives.  

If the people's representatives do not share the information then corruption sets in.

No one in a Democracy is bigger than people's people like Anna , Ramdev and the like.




--- On Fri, 3/6/11, SRDTC <srdtc@dataone.in> wrote:

From: SRDTC <srdtc@dataone.in>
Subject: Re: [HumJanenge] Big companies paying bribe OR MAMUL every year to Congress in the way donation in own name or sister concern
To: humjanenge@googlegroups.com
Date: Friday, 3 June, 2011, 3:46 PM

Friends,
 
We, the people working  and living with grassroot people and dreaming of acorruption free India where every people will get enough  food without anyone's sympathy and get opportunity to work to  earn for their own.
 
We are with Ramdevji. We cannot believe Shah Rukh Khan can oppose Ramdevji's  fight against corruption. Is he or KKR also ....
 
 
Swapan Pramanick
Citizen
India 

[HumJanenge] comments on effective implementation of RTI act- Response to No 1/6/2011-IR dated June 1 2011

Sir/Madam,
Please refer to No 1/6/2011-IR dated June 1 2011. My comments are enclosed
on effective implementation of RTI act.
1. The paucity of funds is major constraint in implementation of
section 4 of the RTI act. A part of funds released under various
schemes/projects should be meant for publishing of information related
to that scheme (including date of release, purpose of release,
particulars of beneficiaries). Unless this information is published,
the funds for next installment must not be released.
2. Special funds for computerization of records need to be provided
with definite time frame for such computerization. This is compulsory
as the implementation of section 4(1)(a) is subject to availability of
resources (as per act).
3. The common public is a major sufferer in non implementation of
section 4(1)(d). Each department should be directed to make
information related to status of applications available on its
website. Non implementation of section 4(1)(d) should be made
punishable under the act.
4. The Head of Public authority should be held accountable for
implementation of section 4. This needs to be reflected in his
ACR/assessment report.
5. The commissions have no power to impose penalties for non
implementation of section 4. Suitable changes in the RTI act to this
effect can be recommended.
6. The prerequisite for release of funds should be implementation of
section 4. A certificate of Head of Public authority must be taken in
the matter and this certificate be published online so as to allow
general public to participate in government functioning.
7. A separate cell in each ministry/department must be established for
implementation of section 4. The details of officer managing this cell
must be available online to allow public to send feedback.

Enhancing the scope of information to be published under section
4(1)(b)(xvii) of the RTI act.
The following items may be added to section 4(1)(b)(xvii)
(i). Reports of the various departments (including action taken)
related to presence of illegal beneficiaries (including details of
each individual illegal beneficiary) of various government schemes
must be published under this subsection. This step will go a long way
in ensuring the participation of common man in effective
implementation of these schemes.
(ii). Audited Account books and financial statements should be
published under section 4(1)(b)(xvii). This will ensure that the
general public gets to know of the public spending/fund position.
(iii). Score cards awarded to individual candidates for public posts,
merit lists and Bio-data submitted by each of the candidate.
(iv). Memorandum of understanding/contracts signed between various
departments and service providers such as contractors/consultants
should be added to this subsection.
(v). The particulars of the individuals whose applications are
rejected in various departments with reasons should be published under
this subsection.
(vi). Action taken on complaints related to corruption.

I firmly believe that above information if ordered to be published
will go a long way in enhancing the public participation in
functioning of the government. It will also reduce the burden of huge
number of RTI applications filed by concerned citizens thus increasing
the efficiency of governance.

Thanking you,
Yours sincerely,

Dr. Sandeep Kumar Gupta,
1778, Sector 14, Hisar-125001,
Phone: 91-99929-31181

Re: [HumJanenge] CIC-NO PENALTY OR ACTION AGAINST CPIO/FAA, DDA EVEN THEN BOTH HAVE NOT RESPONDED

Why not try:.


and

Additional Remedy
 
Consumer Notice
http://www.rtiindia.org/forum/blogs/jps50/1217-notice-under-consumer-protection-act-right-information-act.html
 -J. P. SHAH 09924106490 or 0285-2674025


 



From: C K Jam <rtiwanted@yahoo.com>
To: "humjanenge@googlegroups.com" <humjanenge@googlegroups.com>
Sent: Friday, 3 June 2011 7:10 AM
Subject: Re: [HumJanenge] CIC-NO PENALTY OR ACTION AGAINST CPIO/FAA, DDA EVEN THEN BOTH HAVE NOT RESPONDED

Did you file this as a "Complaint" under Sec 18 or a "Second Appeal" under Sec 19(3) ?
If it was a second appeal (and first appeal under Sec 19(1) already exhausted), there are no grounds for her to return this to the FAA.
This is a copy paste order of several (thousands) such orders by IC DS, IC SS, IC AD, and even IC SG.
CIC SM also passes such orders depending on the mood of his Registry staff.

RTIwanted


From: M.K. Gupta <mkgupta100@yahoo.co.in>
To: humjanenge@googlegroups.com
Cc: Mahesh Tak <tak.mahesh@gmail.com>; REJIMON Keshavan Chathanchirayil <rejimonck@gmail.com>
Sent: Thursday, June 2, 2011 10:33 PM
Subject: [HumJanenge] CIC-NO PENALTY OR ACTION AGAINST CPIO/FAA, DDA EVEN THEN BOTH HAVE NOT RESPONDED

In a case wherein neither the CPIO nor the FAA of DDA has given any reply to the complainant, the decision of Mrs. Deepak Sandhu, Hon'bvle CIC has been given below. 
 
This decision has by and large, exornated the CPIO from any penaly or disciplanary action.  FAA has also got almost scot-free.
 
In the face of such decisions, Public Authorities will hardly take the RTI Act seriously and will give information after an applicant/ complainant reaches the CIC.
 
CENTRAL INFORMATION COMMISSION
Room No.-307, 2nd Floor, B-Wing, August Kranti Bhawan
Bhikaji Cama Place, New Delhi-110066.
Telefax:011-26180532 & 011-26107254
Website : cic.gov.in
Date : April 13, 2011
Complaint No. : CIC/DS/C/2011/000219
Complainant : Shri Mahesh Tak, Dwarka (New Delhi).
Public Authority : Delhi Development Authority, New Delhi.
ORDER
The Commission has received a complaint petition, dated 23/06/2010 (Diary
No.:43128/2010) from Shri Mahesh Tak, in respect of his/her RTI-application on
04/03/2010 filed with the CPIO, Office of the Superintending Engineer (H.Q.), Delhi
Development Authority, Manglapuri, New Delhi-110045 (A Copy of RTI application is
enclosed). Thereafter, the petitioner filed 1st Appeal before the First Appellate Authority of
Public Authority. From the perusal of documents on record, it is seen that the same has not
been adjudicated upon by the First Appellate Authority.
2. In order to avoid multiple proceedings under section 19 and 18 of the RTI Act, viz,
appeals and complaints, the matter is remitted to the CPIO with the following
directions:
i. In case, no reply has been given by CPIO to the complainant to his/her RTI request,
the CPIO should furnish a reply to the complainant within two weeks of receipt of
this order.
ii. In case CPIO has already given reply to the complainant in the matter, he/she
should furnish a copy of his/her reply to the complainant within one week of receipt
of this order.
iii. CPIO should invariably indicate to the complainant the name and address of
the 1st Appellate Authority, before whom the complainant can file first appeal, if any.
Page
1
iv. A copy of CPIO's reply will be endorsed to the Commission clearly indicating
the case number and reason for delay, if any, in providing information.
3. In case the complainant is not satisfied with the reply received from the CPIO, he/she,
under section 19(i) of the RTI Act, may file first-appeal before the FAA within the
time prescribed under the RTI Act.
4. On receipt of the first appeal from the petitioner as per the above directions, FAA
should dispose of the appeal within the period stipulated in the RTI Act.
5. In case complainant still feels aggrieved by the decision of FAA, he/she shall be free
to approach the Commission in second appeal under section 19(3), along with
complaint u/s 18, if any, within the prescribed time limit.
(Smt. Deepak Sandhu)
Information Commissioner (DS)
Authenticated true copy:
(T. K. Mohapatra)
U.S. & Dy. Registrar
Tele. No. : 011-26105027
tk.mohapatra@nic.in
Copy to :-
1. Shri Mahesh Tak
58 C, Pocket – 1,
Sector – 10, Dwarka,
New Delhi-110075.
Contact No. : 98104 09087.
2. Central Public Information Officer
Office of the Superintending Engineer (H.Q.),
Delhi Development Authority,
Page
2
Manglapuri,
New Delhi-110045.
-:-
Page
3




[HumJanenge] PUBLIC GRIEVANCE: WRONG INTERPRETATION OF SECTION 6(3) OF THE RTI ACT 2005 IN THE CONTEXT OF SECTION 13 OF GENERAL CLAUSES ACT 1897

To:
1) Shri Rajeev Kapur/JS-ATA/DoPT (& webmaster)
2) Ms. Alka Sirohi/Secretary/DoPT

Dear Sir / Madam

BY EMAIL

PUBLIC GRIEVANCE PETITION

Sir,
Please refer to Part IV, Section 5(3) of Guide to RTI Act 2005
circulated by DoPT vide its Number No. 1/4/2009-IR dated 5.10.2009.
It has been directed that under section 6(3) of the RTI act, the
application under RTI is to be transferred to only one public
authority. The justification has been given that sub-section (3)
refers to 'another public authority' and not to 'other public
authorities' and that use of singular form in the Act in this regard
is important to note.

In this regard it is submitted that the interpretation of the DoPT
that the PIO is not required to transfer the under Section 6(3) of the
RTI Act, 2005, if the information "which is held by another public
authority; or the subject matter of which is more closely connected
with the functions of another public authority", is not as per the law
of the land.

The interpretation is 'misconceived', in the light of Section 13 of
the General Clauses Act, 1897, which refer to Gender and number and
says "

In all (Central Acts) and Regulations, unless there is anything
repugnant in the subject or context.- Words importing the masculine
gender shall be taken to include females, and words in the singular
shall include the plural, and vice versa.".

There is absolutely nothing in Section 6 of the RTI Act 2005 to
indicate that the legislature intended that the request for
information should confine to one subject or one public authority
only."

The only requirement of the Section is that the request shall be in
writing and accompanied by prescribed fees and the particulars of the
information sought by the applicant are specified. Contrary intention
to exclude the operation of the rule that the singular includes the
plural cannot be inferred merely because the relevant provision is
drafted in the singular. The act has been enacted to promote
transparency and accountability in the working of every public
authority and casts responsibility on every public authority to
provide information unless it is exempt under the act. The
interpretation suggested by the department tends to defeat the very
purpose of the act."

Moreover, it is the settled law that the instruction, guidelines,
directives, orders, rules and regulations must be in consonance with
the law of the land (here Section 13 if the General Clauses Act, 1897)
and does not have any overriding effect over and above the provisions
of law of the land. Any such instruction, guidelines, directives,
orders, rules and regulations are ultra-virus and null and void
ab-nitio.

The recent example in this case is the striking down of the Central
RTI Regulations by the Delhi High Court, which were found to be having
overriding effect over the basic law.

DoPT has not learnt the lesson from it and has repeated the same
mistake by an over enthusiastic officer of the DoPT who looked upon to
find novel ways to suppress information or to put the information
seekers to a greater difficulty.

It is also pertinent to draw your kind attention that Section 218 of
IPC invokes in this case, which reads as under:

Section 218. Public servant framing incorrect record or writing with
intent to save person from punishment or property from
forfeiture.-Whoever, being a public servant, and being as such public
servant, charged with the preparation of any record or other writing,
frames that record or writing in a manner which he knows to be
incorrect, with intent to cause, or knowing it to be likely that he
will thereby cause, loss or injury to the public or to any person, or
with intent thereby to save, or knowing it to be likely that he will
thereby save, any person from legal punishment, or with intent to
save, or knowing that he is likely thereby to save, any property from
forfeiture or other charge to which it is liable by law, shall be
punished with imprisonment of either description for a term which may
extend to three years, or with fine, or with both. The reading of
other provisions of IPC Section 181 to Section 221 are also very
relevant in this case.

In view of above, it is requested that the above erroneous instruction
may please be withdrawn immediately from the retrospective date.

Thanking you,

Yours faithfully,

Dr. Sandeep Kumar Gupta
1778, Sector 14, Hisar-125001, INDIA
Phone: 91-99929-31181