Floriano C. Lobo
383A - Pirazona, Moira - Bardez - GOA - 403 507 -Tel: Res: (0832) 2470223 (M) 9890470896


BY REGISTERED A/D
Ref. No. GOG/APL/RTI/9/2008/003

September 26, 2008


To,
The Secretary to Governor,
Appellate Authority  under RTI Act, 2005,
Raj Bhavan,
Dona Paula,
Goa-403 004.

Sir,

Subject: Appeal under RTI Act, 2005 - Your Ref No. GS/RTI/8/2008/2722 dtd. 10 Sep. 2008.


I make this appeal on the following grounds:-

That the Governor, who is the head of the State in a 'Democratic System of Governance', cannot be, and must not be above board with respect to public probity, by virtue of His being an Office of a 'Public Servant'.

That, it is agreed that certain vital information/s such as information relating to criminal investigation/s of serious crimes which are being pursued by Investigative Agencies and/or the Courts of Law or the proceedings leading to bringing certain accused to criminal justice, cannot be divulged since such information may be used to defeat the very purpose it is collected for.

That, the application for information in question does not seek any information regarding any criminal investigation/s but only such accounting details where a tax-payer rightfully wants to know if his hard-earned money is being used fruitfully and effectively by the Head of State.

It is generally felt that in a purely 'Democratic State' such as ours, the Office of the Governor is mostly decorative and therefore superfluous, especially when the grievances of the common man are hardly addressed even in most demanding of cases. In my personal experience, I was not able to obtain an appointment with His Excellency, the Governor, when this appointment was vital and most needed. The pertinent question that arises is "What then is the use of this decorative Office if the tax-payer's money is dwindled away to maintain such vain glory?" Cont:-


If this supposition is wrong by any chance, then the information sought in the RTI application in question should be forthcoming without any extra

official attempts to hide it from the tax-payer, for the tax-payer is raison d'etre of the existence of the state government, including its supreme head, the Governor.

In the attached letter, the P.I.O. of the Raj Bhavan indicates that Section 8(1)© of the Right to Information Act, 2005 exempts the Office of the Governor from disclosing this vital information. If that be so, then in my humble opinion, and as an involuntary tax-payer, the Right to Information Act, 2005 is utmost deficient and needs to be corrected on a war footing.

Also, in the attached letter, the P.I.O. of the Raj Bhavan indicates that the provisions of the 'Indian Constitution' exempts the Office of the Governor of the State from disclosing this vital information. If that be so, then the Indian Constitution must be swiftly amended to remove this gross anomaly, since such a Constitution is, and could be detrimental to the governance of this democratic nation, since the Head of the State must, at all times, be held accountable than anybody else. Otherwise this entire so called 'DEMOCRACY' is nothing but a sham. I very rightfully do not think that Mahatma Gandhi, who is called the 'Father of the Nation' has sacrificed all, including himself to build an Autocratic State in the name of Democracy.

That I, as a conscious and responsible citizen of this State, want to know what it costs this State, and therefore my pocket, for the up-keep of the Office of the Governor. And I shall not rest until this legitimate information is made accessible to me. Therefore, it is fervently prayed that the above information may be given to me.

Thanking you,

Yours faithfully,

Sd/-


(Floriano C. Lobo)

Att: As above.
Copy to: P.I.O., Directorate of Accounts, Panjim, for kind information

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