27.12.2008 Dear friends, Sub.:-- My observations on CIC - Shailesh Gandhi's Orders. In earlier months, I studied about 100 orders of other CICs (passed between 1.1.2006 to 30.6.2006), and about 60-70 orders of Maharashtra's Chief SIC, to understand the extent of their adherence to the RTI Act. In this context, my observations about your orders are as below: Positive points: 1. Your orders are much more systematic and transparent. They show better adherence to the Act are clearly mentioned. 2. Crucial dates are written i.e. date of Application, of PIO's reply, of First Appeal, of F-AA's reply, and of filing second appeal. 3. Orders are well reasoned. 4. Appellant are warned against filing multiple RTI Applications (over 60 in nos.) just to 'teach a lesson' to the officers. 5. PIOs are frequently given show cause notices for non-compliance to Sec. 7 (1). Scope for improvement: 1. The point "Appellant's Grounds for 2nd Appeal" needs to be inserted after the "Appellate Authority ordered". (Your orders are broadly divided as: a. Info sought & PIO's reply b. Appellate Authority ordered c. Relevant facts emerging from hearing d. Decision. If "Appellant's Grounds of 2nd Appeal" is mentioned in your order, then you may comment on those grounds of appeal in your order, thus satisfying the Appellant and improving the quality of your order, and enhancing continuity of the appeals process. 2. PIO should at least be reprimanded for the following errors: (i) giving incomplete reply and disobeying AA's Order. (w.r.t Decision No. -----/00221/SG/144 dated 5.11.2008) (ii) delayed transfer of Application to another Public Authority. (iii) not providing "file notings' (Decision No. ------/01141/SG/119 dated 22.10.2008) (iv) giving unclear reply. (D.No. ------00921/SG/155 dated 5.11.2008) (iii) delay of some days in replying -- say 20 days. 5. The number of days delay should be explicitly mentioned in your order after the date of PIO's reply, along with a reprimand if not penalty. 8. AA should be reprimanded for passing orders 60 days and 90 days late. (D.No. -----/00523/SG/156 dated 5.11.2008 and D.No. -----/01044/SG/0157 dated 5.11.2008) respectively. Also in D.No. -----/00932/SG/162 dated 5.11.2008). If the above omissions in your orders are corrected, then it would send a stronger message to the PIOs and AAs that their callous attitude towards RTI implementation shall not be tolerated. Shaileshbhai, you are already setting excellent precedents in terms of expeditious clearing of appeals and complaints, and transparent and systematic ways of passing orders for all the Info Commissioners in India. We hope you will consider our above suggestions and raise the benchmark for RTI implementation even higher. Our sincere best wishes are with you always. We shall continue to study his orders and revert with constructive feedback, and we shall also encourage our fellow activists to do so. Regards.
WE CAN MAKE A DIFFERENCE, IF WE CARE. G R Vora Plot - 275/3, Gope Nivas, Sion E, Mumbai-22. Ph - (022) 24091193 / 9869 195785 [Non-text portions of this message have been removed]
