Subject: Re: Observations on CIC-Shailesh Gandhi's Orders.

Sir

Before passing comments on other people's orders
kindly clean up your HTML code and resubmit it
properly for our group's consideration.

S D Sharma

--- In [email protected], "G R Vora" <frcf_...@...> wrote:
>
> &nbsp;
> &nbsp;
> 27.12.2008
> &nbsp;
> Dear friends,
> &nbsp;
> Sub.:--&nbsp; My observations on CIC - Shailesh Gandhi's Orders.
> &nbsp;
> &nbsp;
> 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:
> &nbsp;
> Positive points:
> &nbsp;
> 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).
> &nbsp;
> &nbsp;
> Scope for improvement:
> &nbsp;
> 1. The point "Appellant's Grounds for 2nd Appeal" needs to be inserted after 
> the "Appellate Authority ordered".&nbsp; (Your orders are broadly divided as:
> a. Info sought &amp; PIO's reply
> b. Appellate Authority ordered
> c. Relevant facts emerging from hearing
> d. Decision.&nbsp; &nbsp;
> 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.
> &nbsp;
> 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.
> &nbsp;
> 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.
> &nbsp;
> 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).
> &nbsp;
> &nbsp;
> 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.
> &nbsp;
> 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.
> &nbsp;
> 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.
> &nbsp;
> Regards.
> &nbsp;
> &nbsp;
>
> 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]
>

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