My hearing, observation, comments at State information commissioner's Mumbai
After a long wait of almost one year I got intimation to come for my 2nd appeal hearings, I was delighted but after the hearing came out heartbroken and dejected My 7 appeals were regarding documents to be obtained from the Society by the Dy.Registar, Past history: I had asked the society in writing to give me certain documents u/s Sec 32 of the MCS act, such as managing committee meetings, etc the said society did not respond, as such moved the Dy.Registar of CHS H/W ward Bandra with much perseverance Dy.Registar send letters after letters to the society to give me the said documents, Society did not respond, finally in July 2007 he send them an order under sec 79(2) , still no response, I persuaded with the Dy.Registar who again send letter to society to comply with his orders, but society did not respond, as Dy.Registar failed to take action against society for not complying with his orders, I moved the Dist Dy.Registar Shri Vikas Rascal who wrote to the Dy.Registar to look into the matter and report his findings to him within 15 days, still no response, the Dy Registar got transferred and came a new Dy.Registar who does not wish to talk but says to talk to his subordinates Simultaneously I asked for the documents through RTI, the Dy Registar said I should Get it from the society, Happening and Observations at State information office mumbai The office looks swanky, lot of office staff using computers, there is a water cooler where there is cold water to soothe ones nerves, my hearing was scheduled at 10:30 am but SIC came in at about 12 noon. Before the hearing begins, the PIO (not exactly the PIO but his clerk) and myself were asked to sign the hearing petition, I protested that I will sign the paper after the hearing as per standard procedures practiced everywhere, however they insisted that I should sign otherwise the hearing will not take place, I had no choice but to sign under protest At the hearing Shri Triwari told me that I can obtain documents only what is there at Dy. Registars office ( even this lots of files are missing from Dy. Registars office ) and that I should apply to society and get it, I showed him documents that I had done so and also used MCS act sec 32 to get the documents I cited sec 2F of RTI act, information relating to any private body (Society) which can be accessed by a public authority ( Dy.Registar of CHS ) under any other law for the time being in force ( Maharashtra co-operative society act sec 32 ) and told him it was the duty of the Dy.Registar to get the said documents from society. He said he knows sec 2F of RTI act, I requested Shri Triwari to put down my argument on record ( Rosnama ) as it is standard procedures at hearings he said it was not his policy to do so, I have other hearings scheduled next week, I told Shri Triwari I will not attend further hearings as hearings are not conducted in proper manner, This according to me is a mockery of the RTI act; Retired Babus are given the post Tax payers money is used to pay these babus and staff etc, no penalties ever imposed Thus is very teeth of the act is become toothless The PIO's thus have become immune to the system and unless stringent methods are Imposed RIP to RTI People have lost their faith in RTI, many times the applicant is harassed for using RTI counter case is made, as observed very few attend seminars on RTI as RTI has become a farce. Now what choice do I have to file writ petition against the impugnent order of SIC ( spend over Rs 20,000) as I am retired I would rather keep that money for my old age. I asked Some clarifications from SIC, why PIO not present, he said it is ok clerk can attend, I then asked him if I cannot attend can someone else attend on my behalf, he said yes if you give an authority letter. Leslie Almeida
