The issue raised by my Co-Mod is whether it is lawful for an IC like Mr.Shailesh Gandhi to:-
a) Be guided by his former senior at NCPRI to deny information to Ms. Gita Dewan Verma (an individual applicant) so as to save Centre for Civil Society (a NGO) from prosecution. b) To circulate details of the case (privy to him as an IC) to outsiders (people not bound by Official Secrets Act oaths) to frustrate this appellant. --- In rti_india@yahoogroups.com, chandra jain <ckjaininin...@...> wrote: > > It seems to me that some of us are habitual mud-slingers on the lookout for an opportunity.What's wrong if Shailesh is seeking advice from others on admittedly complicated legal issues? > > He has made no pretensions of any legal background apart from what he may have learnt/studied of law in pursuing his RTI goals - i guess he was offered the IC position not because of any expertise in law but only because of his deep interest, belief & understanding of RTI. The order has to be a speaking order - able to stand the scrutiny of law apart from being fair & just to all parties involved. We should appreciate that he is taking pains to consult experts before issuing any judgment - apparently this consultation is also being done openly through e-mail & " All my mails are in Public Domain" is his signature - he could have done it covertly if he intended anything shady. It is not out-of-place even in judicial circles for judges to consult outsiders for their opinion. > > Chandra K Jain > 93124 39464 > INDIA > > Re: Shailesh RTI Man of the Year > Posted by: "MALLAPRAGADA RAMARAO" srammi...@... srammitra > Sun Dec 28, 2008 8:41 am (PST) > The ICs are exercising quasi-judicial powers. They have to apply their OWN mind to all the relevant facts of the case before them and THEMSELVES go into the issues raised before them and pass orders. > > M. Rama Rao > ____________ _________ _________ __ > From: india publicservant <indiapublicservant@ yahoo.com> > To: rti_in...@yahoogrou ps.com > Sent: Sunday, 28 December, 2008 9:13:20 AM > Subject: [rti_india] Re: Shailesh RTI Man of the Year > > Dear Friend > > I am moderating this group for a few days as Sarbajit is > on vacation and may not have internet access.. > > For a C.IC or I.C. to seek advice on how to deny information > to applicants is dangerous. > > For an I.C. to act on the specific emailed directive of his > former colleague at the N.C.P.R.I to block information > to the applicant Ms. Gita Divan is illegal. > > RTI Act is not only for the "common man" or to secure > him justice; we have Courts for that. It is much better > suited for the "uncommon man" (or woman). Persons > uncommon enough to know RTI Act and to utilize it > judiciously and effectively. > > I.P.S > Co-Mod > --- In rti_in...@yahoogrou ps.com, "Bhaskar Prabhu" > <mahitiadhikarmanch @...> wrote: > > > > Dear Ashish, > > To take advice and assistance is not wrong. All CIC also have simple cases and they are still not hearing easy cases. It is the comman man who is seeking justice via information. > > Bhaskar > > > On 12/26/08, ashish kr1965 <ashishkr1965@ ...> wrote: > > > > > > Dear Veeresh ; > > > > > > If the contention is rate of disposal then ICs Tiwari, Ansari > > > and now Sharma lead the pack. > > > > > > Mr Gandhi is only able to dispose of the easy cases "speedily" > > > In the difficult situations he gets bogged down and seeks the > > > assistance of his NCPRI seniors. > > > > > > recently "RTI_advice" had forwarded me a mail which Shailesh Gandhi > > > had circulated for assistance concerning an RTI appeal > > > involving Ajit Bhattacharjee' s NGO the CMS who had published > > > information given to them in RTI on their website. Apparently > > > there are some tricky legal points which Shailesh has been > > > unable to pass orders on despite 3 hearings in the matter, > > > and he is now desparately seeking a way out to save > > > CMS from censure. > > > > > > There are many other similar cases when Shailesh has > > > passed orders favouring NCPRI persons and his Mumbai Mitra > > > Mandal cronies. > > > l > > > Ashish > > > > > > On Fri, Dec 26, 2008 at 8:14 AM, veeresh kumar <v4veeresh@ ..<v4veeresh% 40yahoo.com> > > > > wrote: > > > > --- In HumJanenge@ .. <HumJanenge% 40yahoogroups. co.in>, > > > Bhaskar Prabhu <wearcraft@> wrote: > > > > > > > > SHAILESH GANDHI ... RTI Man of the Year > > > > > > > > It is the time of the year when many newspapers and magazines make > > > > choices for the man of the year. For all RTI forums, e-groups, > > > > organisations and enthusiasts our MAN OF THE YEAR is undoubtedly > > > > SHAILESH GANDHI. > > > > > > > > At a time, when ACCOUNTABILITY is in question so much after 26/11, > > > > Shailesh stands out as the glimmer of HOPE in the ocean of > > > > mis-governance and failure of administration. Being appointed as > > > > Information Commissioner in September 2008, this "aam-admi" and > > > > "sovereign citizen" has kept to his commitment to all of us and > > > > achieved what all other Information Commissioners in the country have > > > > been claiming as "not possible". The factual statistics given below > > > > are ample proof that the present problem of pendency has been created > > > > because of the CASUAL, LACK-OF WILL and INEFFICIENT functioning of > > > > the other Information Commissioner Joined on September 18, in October > > > > with staff of 3 he conducted 142 hearing and gave order mostly on same > > > > day. In the month of November hearing with orders given were 191. In > > > > the month of Dec up to 20th hearing with order cleared were 340 with > > > > staff of 12. Presently he is conducting 20 hearings on most days > > > > which by seeing his performance will definitely increase to 28 to 30 > > > > per day. Number of orders pending for hearings conducted - 3 > > > > > > > > Our contention that an average of 20 hearings is possible has been > > > > demonstrated by Shailesh and what is heartening and a bonus to all of > > > > us is that the ORDERS are also given immediately or within reasonable > > > > time. CONGRATULATIONS SHAILESH... you make us feel proud of your > > > > achievements, more so because they have been reached with all the > > > > limitations that the system could possibly have. May your diligence > > > > and "being accountable" attitude inspire our senior ICs to follow in > > > > your footsteps, so that our country reaps the benefits envisaged in > > > > the RTI Act. > > > > > > > > ANAND CASTELINO > > > > BHASKAR PRABHU > > > > MAHITI ADHIKAR MANCH > > > > > > > > --- End forwarded message --- > > > [Non-text portions of this message have been removed] >
