*Dear Sarbajit
*Shri O P Kapoor, has got checked the CIC website for causelist of tomorrow.
It would seem that the penalty hearing is going to be a secret affair as we
suspected and since it is not listed for 10:30 AM.
I have hurriedly drafted a written submission on this issue in accordance
to Kapoorji's express wishes. Please check this for errors and forward this
to
Mr. Habibullah and see if you or Vinay Sharma can be present to assist
Kapoorji at CIC. Sorry for the short notice on this one.
Ashish
*
TATTWASOOCHNA SABHA*
(A Body of Individual Citizens of India concerned with Right to Information)
_____________________________________________________
Add: MIWA Bhawan, Central Park, B-Block, Mayapuri Ph.1 New Delhi -64
To:
The Chief Information Commission of India
2nd Floor, August Kranti Bhawan, Bhikaji Cama Place
New Delhi
* URGENT / BY EMAIL*
Sir:
In the matter of: Appeal No.CIC/WB/A/2007/00657 dated 15.5.2007
Appellant - Syed Arshad Ali Azam Ali
Respondent - Department of Personnel & Training (DoPT)
AND in the matter of
Section 2(n) of RTI Act r/w Rules 5(5),8 of the CIC (Appeal Procedure)
Rules, 2005
DATE OF NEXT HEARING :27.11.2008 at 10:30AM
WRITTEN SUBMISSIONS on behalf of members of Tattwasoochna Sabha (Third
party) in the above matter.
Most Humbly Sheweth,
FACTS:
1) That the Tattwasoochna Sabha ("Sabha") is a national level body of
individual citizens of India consisting of persons concerned with public
issues arising as a consequence of decisions of the Central Information
Commission of India. ("CIC") Membership of the Sabha is open to individuals
who have filed at least 100 RTI requests or have at least one decided matter
at the Central Information Commission.
2) That the ad-interim decision of the Hon'ble Commission d/d 29.10.2008 in
the above cited matter was brought to the notice of the Executive Committee
and tabled at the Special Body meeting of Sabha held on 12-Nov-2008 at Delhi
wherein it was unanimously resolved by all members present to authorize Shri
Vinay Sharma and/or Shri O.P.Kapoor to take all necessary steps to present
the views of Sabha in this matter on behalf of the Sabha before the Hon'ble
Commission and in the "larger public interest" of RTI Act users generally.
3) That Accordingly, and on behalf of Sabha in representative capacity, I
Shri O.P Kapoor, Indian Citizen, and Third Party vide section 2(n) of RTI
Act 2005 r/w Rule 5(5) and 8 of the Central Information Commission (Appeal
Procedure) Rules 2005 submit as follows:-
That the decision to penalize Smt Urmila Rawat and/or Smt Zoya in the
above cited matter is perverse and against all principles of justice for the
following reasons.
GROUNDS:-
A) For, the Hon'ble Commission has malafidely ignored that the website of
the DoPT http://persmin.nic.in continues to proclaim that "information" for
purposes of RTI Act does not include "file notings".
B) For, the PIOs as officers of the DoPT are obliged to act within the
official policy / stand of their Department on "information" as is also
published on the website of DoPT
C) For the DoPT is also the nodal administrative Department / Ministry for
the CIC and responsible for legislative aspects and administration
concerning the RTI Act 2005.
D) For, the CIC has taken no administrative and/or legal steps to correct
the website of the DoPT which apparently ignores various orders of the
Hon'ble Commission.
E) For, the CIC is picking upon junior officers of the Department whilst
ignoring the big fish IAS officers of DoPT who continue to cock a snook at
CIC
F) For the CIC could easily resolve this matter by penalizing instead Shri
Satyanand Mishra, now an Information Commissioner, who as Secretary/DoPT
was the concerned and senior-most officer of DoPT at the time responsible
for publishing such official definitions of ."information"
G) For it is patently obvious that the CIC is hell bent on penalizing these
innocent ladies (and PIOs) only so as to ultimately compel them to file Writ
Petitions in the High Court and thereby implead the DoPT indirectly and for
we apprehend this to be a collusive arrangement between CIC and DoPT to
frustrate the RTI Act.
H) For the PIOs are absolutely correct that "file notings" do not fall
within definition of "information" in the RTI Act, and because stating and
acting upon the truth does not attract penalty by RTI Act's provisions.
I) For we apprehend that the Commission has predecided the matter to
penalize these ladies.
J) For the Hon'ble Commission has never held open proceedings as required by
the procedural Central Rules for the Commission, notified by DoPT under its
Rule making express powers of RTI Act, whilst instead holding secret closed
proceedings under unlawful Regulations unilaterally framed by the CIC
without any such express provision on the RTI Act.
4) And for which reasons as mentioned above, I am constrained to PRAY as
follows:-
PRAYERS
a) That I be heard in person or through my authorised representatives Shri
Vinay Sharma (of Tattwasoochna Sabha) or Shri Sarbajit Roy (of RTI-India
group) as I am a senior citizen aged about 70 years.
b) That my written submission be placed on record of this matter and
considered at time of passing orders.
c) That speaking orders be passed on my submissions.
d) That no penalty be levied on these 2 poor and innocent ladies
Yours faithfully
(O.P.Kapoor)
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