AN EXPERIENCE OF STATE INFORMATION COMMISSION, LUCKNOW 
                                                       by 
 a  RTI activist.
 
            I, Bimal 
Kumar Khemani, Saha Prant Sangathan Mantri of AKHIL BHARATIYA GRAHAK PANCHAYAT 
Braj Prant, a national organization of consumers have formed a group of about 
 10 dedicated persons to find out corruption with the help of  RTI 
Act, 2005. We have selected  few departments viz. Nagar Nigam, Bharat 
Sanchar Nigam, Aligarh Development Authority, D.S.Degree College, Aligarh 
Muslim University, Electricity & Health Department.  Besides 
  finding out corruption, we also impart training to various Govt. 
officials and conduct public awareness campaign. In course of a period of 
almost 2 years we did not get proper information  and so have  to 
file about 30/35 appeals before the STATE INFORMATION COMMISSION, LUCKNOW. On 
request of one of our friends to plead his case before the commission on 
24-04-08, I  had to visit  S I C Lucknow. 
 
           The State 
Information Commission office, Lucknow  is located on the 6 th Floor of 
Indira Bhawan. The Govt. of U.P. has allotted an office space about 375 Sq. 
Mts. for a staff of 10 commissioners and 77 sub-ordinate staff. It has  5 
chambers for Commissioners and rest of the 
space is for the staff and keeping records.
 
            Sri Mulayam 
Singh Yadaw, ex. Chief minster of the state appointed a retired H.C.Judge, 
Mr.M.A Khan  as Chief Information Commissioner and 4 other commissioners. 
Km. Mayawati  the present chief minister of the state appointed another 5 
commissioners. These appointments  give a political smell. So at present 
there is a total strength of 10 commissioners. But in this “Palatial building” 
there are only 5 rooms for the commissioners. So commissioners work in 
 shifts. Five  sit from 10.00 to 14.00 hrs. and the other five from 
14.00 to 17.00 hrs
. 
Is it not unfortunate ?  Is it not a waste of man power and money ? Does 
it not give out 50% results of the working capacity ?  Does it not show 
how seriously  the Govt. of U.P. takes the State Information Commission ?
 
           There is no 
 Enquiry desk. An enquiry revealed that there are four clerks to receive 
DAK, sort it out and send it to the respected commissions . Out of these four 
persons one opens the letters and enters the details in receipt register and 
puts the receipt numbers on them. I was also told that normally more than 500 
letters are received daily and out of them hardly 400/450 letters are opened 
and entered into the register.  So rest are left to  cool there heals.
 
           A meeting with the 
Chief  commissioner revealed his easy style of functioning. He graced us 
to meet us in his retiring room at about 2.00 p.m.. He was shown a list of 31 
pending appeals as filed by  our group , with a request  to get them 
registered and listed for hearing since more than last 4/5 months have passed . 
He  was also informed that the proper notices of hearing are not received 
by the appellants and also the copy of the judgments are also not sent to the 
parties concerned. I was informed that the commission has  evolved a noble 
method for supplying  the copy of the decision. One is to apply for a copy 
as per civil procedure by affixing a court fee stamp of Rs. 10/- and also 
required  to collect the same from the office of the commission. I do not 
know why at this point  the Honorable Chief Information Commissioner 
 got annoyed .and  told me to contact Km. MAYAWATI ,and ask her 
 why she is not allotting more funds to the commission. This was also not 
the end of the drama The retd. High Court Judge cum Chief Commissioner also 
uttered something  and started challenging the role of Khemani as an RTI 
activist fighting for transparency in the system.
 
            The 
experience shows that an appeal filed to-day may get lost in the office of the 
commission or be listed after several months due to shortage of space and 
funds. It became obvious even in this short visit  that the whole 
atmosphere is political. Chief commissioner and other commissioners,  are 
pro-administration. And they are hesitant to impose penalty on the defaulters 
u/s.20. If this is going to be the fate of R T I Act then one will like to keep 
mum and just watch.
On Fri, 11 Jul 2008 Sidharth wrote : >UP axes CIC after CBI claim of 
evidence to try Mayawati > >by Kajari Bhattacharya, The Statesman, 
http://tinyurl.com/5p33qk > >NEW DELHI/LUCKNOW, July 10: Hours after the 
CBI today told the Supreme >Court that it had "sufficient" evidence to 
prosecute Uttar Pradesh >chief minister Miss Mayawati in a disproportionate 
assets case >registered against her five years ago, balls of retaliatory 
action >started rolling in Lucknow. In the first action of its kind taken 
>against a state's chief information commissioner (CIC) anywhere in the 
>country, UP Governor TV Rajeswar put UP CIC Justice (Retd) Mr MA Khan 
>under suspension and prohibited him from attending office for alleged 
>corruption, misconduct and irregularities in appointing employees. 
>Justice (Retd) Mr Khan was a Mulayam Singh Yadav appointee. > >The 
CBI filed an affidavit in the SC saying it will shortly file a >chargesheet 
in a disproportionate assets case registered against the >BSP supremo in 
2003. It said there was ample evidence to show that >Miss Mayawati had 
amassed wealth disproportionate to her known sources >of income while 
responding to a notice issued to it on a petition >filed by her. The UP CM 
was seeking quashing of criminal proceedings >against her in the case which 
she alleged was politically motivated. >In Lucknow, a highly-placed source 
said: "We have sent a reference to >the SC, which will form a committee to 
inquire into the allegations >and then decide if Justice (Retd) MA Khan will 
be removed from >office." The source added: "The allegations have been 
confined to >misconduct and irregularities in hiring employees. We do not 
want to >level allegations of misappropriation of funds, as these undermine 
a >Constitutional authority, which a CIC is." He said that in spite of 
>the fact that the CIC was not supposed to make appointments directly, 
>Justice (Retd) allegedly Mr Khan had done so, flouting recruitment 
>rules. "There were no advertisements, no tests." Other information 
>commissioners were also critical of the CIC. > >Magsaysay awardee and 
RTI activist Mr Sandeep Pandey said many >complaints against the CIC had 
been forwarded to the Governor. "The >CIC was more partial to public 
information officers, who are >government employees, and harsh with RTI 
applicants. Hearings are >pending in thousands," Mr Pandey alleged. 
>Justice (Retd) Mr Khan's tenure was due to end in November. The CIC >was 
appointed in 2005, during the last days of the Mulayam Singh Yadav 
>government in UP. The appointment was seen by many as a reward from Mr 
>Yadav to Justice (Retd) Mr Khan, who, as an HC judge in 2003, had 
>issued a highly-controversial ruling in an anti-defection case that 
>helped the SP come to power the same year in the state. > > > 
>http://www.thestatesman.net/page.news.php?clid=1&theme=&usrsess=1&id=212915
 

BIMAL KUMAR KHEMANI
Saha-Prant Sangathan Mantri,
AKHIL BHARATIYA GRAHAK PANCHAYAT BRAJ PRANT,
2/40D, Janakpuri, Marrish Road, 
ALIGARH-202001.  INDIA
Phone:0571-2401557, MOB:-09359724625
e.mail: [EMAIL PROTECTED]


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