Dear Sanil, Your email "caused" us to have an invigorating discussion.
Actually I was glad that you were aggressive. As Moderator of this group I would prefer to be a ringmaster of lions and tigers rather than an observer of 'choohas'. I am also glad that all the RTI 'shers' are discovering the advantages of this group now that that our policies are understood. Sarbajit --- In [email protected], Sanil Narayanan Nampoothiry <nns...@...> wrote: > > Dear Sarbajit, >  > Thank you for your detailed mail. I am sorry if was harsh in my mail. >  > --- Sanil > > --- On Sun, 22/11/09, sarbajitr <sroy1...@...> wrote: > > > From: sarbajitr <sroy1...@...> > Subject: [rti_india] Re: Fw: An appeal from a teacher of Kendriya Vidyalaya > To: [email protected] > Date: Sunday, 22 November, 2009, 7:21 PM > > >  > > > > Hi Sanil, > > http://cic.gov. in/CIC-Orders/ OK-29042008- 07.pdf > > This is the link to the decision in Mr Kajodia's case. The compensation of Rs > 5,000 was awarded to him to reimburse him for his multiple visits to Delhi to > attend multiple hearings on account of the technical error of KVS where they > had given a combined reply to all his 12 approximately simultaneous > applications denying info by saying that office bearers of Associations > cannot file RTIs. It is pertinent that Mr Kajodia also filed a combined first > appeal which further confused the issue. The award of compensation was not a > consequence of either the merits of Mr Kajodia's case or for any late reply > on part of PIO. > > (NB: It would be wise to recall that a Full Bench of CIC has subsequently > held that associations of persons cannot file RTI.) > > Kajodia appears to have been transferred for his union activities and not for > filing the RTIs. Although we may "suspect" that it is linked to his filing > RTIs you cannot "prove" that it was so. In Muzibur Rehman's case we were able > to prove the linkage between issue of show cause notice and filing of RTI > from the P/As own documents - the matter is still in High Court as an LPA. > > You may also recall our protracted discussion of whether government servants > can file RTIs. > http://groups. yahoo.com/ group/rti_ india/message/ 1293 > > The legal position is that as per an unpublished (but very detailed) CIC > order of A N Tiwari, it is held that Govt servants cannot use RTI > against their own department. This has also been repeated in a few other CIC > orders, albeit in a token and passing way. The crux of the main CIC order is > that junior govt officers cannot (by service rules and orders) communicate to > their superiors for their grievances and service matters except through > proper official channels - RTI process is not such a proper channel. Public > servants are only entitled to the proactive disclosure of section 4. > > The WARNING is to every one in the group, and not only to public servants. > Use RTI at your own risk. If you poke a tiger - factor in the possibility > that your head can be chewed off. The possibility escalates to probability > the more vexatious your application is. Look before you leap. > > How can anyone help Kajodia - he has exhausted his main administrative > remedies? His only hope (slim) lies with the High Court. He has made his bed > and he will lie in it. > > Sarbajit > > --- In rti_in...@yahoogrou ps.com, Sanil Narayanan Nampoothiry <nnsanu@> > wrote: > > > > Dear Sarbajit, > > à > > I donot understand the meaning and message of your mail. What WARNING you > > are conveying to the group? I do donot undertand. I do not think that he > > has misused the RTI.à The justice in his part and hence the Hon. CIC > > ordered the KVS to compensate Rs 5000/- in his favour. He is a primary > > teacher having a service of 28 years and has been removed from service only > > beacause of filing RTI application! If you can help him please do it. > > Otherwise atleast keep mum. He filed RTI applications not for his personal > > gain. Then how dare you say that he has mis used the RTI? > > à > > -- Sanil > > > > --- On Sun, 22/11/09, sarbajitr <sroy1947@ .> wrote: > > > > > > From: sarbajitr <sroy1947@ .> > > Subject: [rti_india] Re: Fw: An appeal from a teacher of Kendriya Vidyalaya > > To: rti_in...@yahoogrou ps.com > > Date: Sunday, 22 November, 2009, 4:52 PM > > > > > > à > > > > > > > > Dear Group, > > > > This is a WARNING for all the great corruption fighters who misuse RTI. > > What can anyone do for this person who as appealled all the way upto the > > President of India ? > > > > As you sow so shall you reap !!!. > > > > Do all the Union-baazi you want nobody cares, but filing an RTI gets you > > transferred to Kargil. Where are all the Association people now when he > > needs them ? > > > > Another tragic case is that of Muzibur Rehman. After he complained of > > harassment and threat to his life after filing RTIs, the CIC somehow > > managed that an unarmed private security "guard" was deputed to him. Even > > that facility has been withdrawn now after only 4 months. > > > > File all the RTIs you want - be prepared for the backlash. 10 rupees is the > > cost of a very small matchstick which can blow up your world. > > > > Sarbajit > > > > > > > > > > > > The INTERNET now has a personality. YOURS! See your Yahoo! Homepage. > http://in.yahoo.com/ >
