--- On Tue, 1/6/09, sahasipadyatri <[email protected]> wrote: > From: sahasipadyatri <[email protected]> > Subject: Issuing an Ultimatum to Chief CIC/SICs, Governors etc. > To: "Krishnaraj Rao" <[email protected]> > Date: Tuesday, January 6, 2009, 8:17 PM > Dear Citizens, Activists & RTI Promoters, > > Thank you for your encouraging responses. > > As discussed with some of you, please mail the attached > letter on your > letterheads as an ultimatum to your Chief CIC or SIC and > others ie. Governor > / President / Chief Secretary of DOPT, GAD etc., Principal > Secretaries/ > Chief Minister / Prime Minister etc. > > The draft of the letter is attached as a separate word-file > for printing on > your letterheads. It is copy-pasted below for your ready > reference. > > It is crucial that ONE UNIFORM MESSAGE be conveyed by all > citizens, Please > don't add or remove any issues from this letter; they > have been carefully > chosen after much discussion regarding their desirability > and limitations. > If there are different versions in our messages, they will > raise unnecessary > difficulties in launching and sustaining an agitation, and > in negotiating > with governments and Information Commissions. I trust we > will not let that > happen. > > Attached (and copy-pasted below also), there are a few > useful addresses of > officials, ministers, Information Commissioners etc, to > whom you may post > the ultimatum. These are of course indicative addresses; > one needs to post > and email such letters to a couple of hundred key persons > all over India. > > Warm Regards, > Krishnaraj Rao > Spokesman, Sahasi Padyatri > 98215 88114 > _________________________________________ > > > Letter to be printed on your letterhead or plain paper > > > > Date > > > > To > > Name of Chief CIC or SIC / Governor / President / Chief > Secretary of DOPT, > GAD etc., Principal Secretaries/ Chief Minister / Prime > Minister etc. > > Postal Address > > > > *Ultimatum: Start implementing the RTI Act before 31st > January * > > *Or else face the anger of the People of India.* > > > > Dear Sir, > > When the RTI Act 2005 was enacted, we, the people of India, > heaved a sign of > relief. We believed that we had at last gained *Swaraj* > after 58 years of > the arbitrary rule of bureaucrats. However, we were cruelly > disappointed, > because the RTI Act was diluted by the arbitrariness of > Public Information > Officers (PIC) and Information Commissioners > bureaucrats and former > bureaucrats. > > The RTI Act promises the citizen (a) timely information, > and (b) responsive, > accountable and transparent administration. We are now sick > of seeing these > promises broken again and again, and the bureaucrats > perpetrating this crime > escaping unpunished. > > Therefore, we have now decided to rise up in rebellion > against the > governments, the bureaucracies and the Information > Commissions that are > repeatedly betraying the faith of citizens. Unless our > demand is conceded > before 31st January, we, the people of India, shall resort > to several forms > of PEACEFUL CIVIL DISOBEDIENCE that will make it difficult > for > administrations to function normally. > > Our Demand is simple and lawful. *Before 31st January, all > Chief > State/Central Information Commissioners must issue > circulars to the heads of > all public authorities in their jurisdiction stressing the > following four > RTI provisions:* > > * * > > 1. *PENALTIES & DISCIPLINARY ACTION FOR BREACH OF > RTI DEADLINES U/S 20* > > Failure to meet the below deadlines means penalty for PIO @ > Rs 250 per day > upto Rs 25,000 and departmental action u/s 20. Reasons that > are not > mentioned in the RTI Act cannot be accepted as excuses in > appeal > proceedings. No exceptions are to be allowed. *The > deadlines are: *** > > § [Normally 30 days from the date of receipt, but only 48 > hours if > concerning life and liberty of a person, as per Sec. 7(1). > > § 5 additional days are added to the above u/s 5(2) if > RTI application is > transferred to an Assistant PIO.** > > § 40 days if the information is given by third party in > confidence, as per > Sec. 11 (3) > > § If cost of providing the information is being charged, > intimation of the > same must be sent to the RTI Applicant with calculations > for the same. The > period between dispatch of this intimation and payment of > fees by Applicant > is excluded while calculating the deadline, as per Sec. > 7(3). > > > > *Details of Interpretation:* > > a) In cases where responsibility cannot be clearly > isolated and pinned > on one PIO or APIO, penalties for *contributory negligence > or abetting > negligence* must be imposed as per Section 20 on all > parties concerned with > providing information PIO, Assistant PIO, 1st Appellate > Authority, head of > the public authority etc. *This is mandatory, not > discretionary or > discriminatory; and this has been upheld by several High > Courts.* > > b) If failure to meet the deadlines is noted by First > Appellate > Authority (FAA), then FAA must pass strictures in their > order, pinpointing > negligence and non-compliance with various sections of the > Act. They must > forward these orders to CIC/SIC to consider action u/s 20. > *This is > mandatory as per the intent of Act.* > > c) Penalty, reprimands and strictures against PIOs > and others by > CIC/SIC must be mandatorily included in *Annual > Confidential Reports (ACR) > and Service Records* of those employees. ** > > d) CIC/SIC's file cannot close with simply passing > orders. Unless a > compliance report is filed, CIC/SIC must summon the PIO and > FAA every month > for a hearing and seek justification. *This is mandatory > in keeping with > the spirit of the Act.* > > 1. *PUTTING ONUS ON PIO TO JUSTIFY DENIAL U/S 19(5)* > > As per Sec 19(5), in any appeal proceedings, the onus to > prove that a denial > of a request was justified shall be on the Public > Information Officer who > denied the request. Section 19(5) must be strictly enforced > at both FAA and > CIC/SIC. *PIO must present justifications under RTI Act in > writing*, > otherwise penal action under Sec 20 must follow.** > > * * > > 1. *RESPONSES IN SAME LANGUAGE U/S 6(1), 4(3) & > 7(1): * > > *Reply must be in same language as RTI application* as per > 6(1), 4(3) and > 7(9) (ie. English / Hindi / Regional Language). Unless the > matter demanded > is photocopy of an existing document, PIO's reply and > information must be in > the language of RTI Application. *Only if replying in the > same language > would "disportionately divert the resources of the > public authority"* (eg. > If a remote village panchayat office receives an RTI > application in English) > must the reply in different language be allowed. Otherwise* > *breach of this > norm must be taken as signifying a *mala fide* intent to > stonewall and > mislead, punishable u/s 20. ** > > > > 1. *MANDATORY DISCLOSURE TO PARLIAMENT, ASSEMBLY ETC U/S > 8(1)(J) 2nd > para: * > > If any matter is denied to an ordinary citizen for any > reason whatsoever, > the PIO must give a letter certifying that he would not > give such > information even if it were demanded by the parliament as > per Sec 8(1)(j) > 2nd paragraph. This must be countersigned by the head of > the Public > Authority.** > > > > * * > > Sir, please do whatever you can in your official capacity > to have these > circulars issued to public authorities at the earliest. We > hope that through > your timely actions, you will avert a situation where we > law-abiding > citizens resort to agitations for protecting our legal > rights from being > adulterated. > > * * > > * * > > Yours sincerely, > > > > > > (Your signature, name and designation) > > > > _________________________________________ > > > > *A few addresses to send the ultimatum:* > > > > President of India > > Rashtrapati Bhavan, > > New Delhi - 110004. > > > > Minister for Personnel and Public Grievance, > > Sardar Patel Bhavan, Sansad Marg, > > New Delhi - 110001. > > > > Mrs Sonia Gandhi, > > Chairman of UPA, > > 10, Jan Path, New Delhi - 110001. > > > > Prime Minister, > > North Block, > > New Delhi - 110001. > > > > Governor of Maharashtra, > > Raj Bhavan, > > Malabar Hill, Walkeshwar Road, > > Mumbai - 400035. > > > > Principal Secretary, > > General Administration Department, > > New Administrative Bldg., Madame Cama Road, > > Opp. Mantralaya, Mumbai - 400032. > > > > Chief Minister of Maharashtra, > > Mantralaya, 6th Floor, > > Madame Cama Road, Mumbai - 400032. > > > > Maharashtra State Chief Information Commissioner, > > New Administrative Bldg., 13th Floor, Madame Cama Road, > > Opp. Mantralaya, Mumbai - 400032. 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