Dear Chitta I would not like to use the same language against long time members of this group - who I expect to be RTI experts by now.
It is also neccesary to communicate that the CIC's legal department is equally fed up with CLOWNS / JOKERS like Shailesh Gandhi, O.P.Kejariwal / Wajahat Habibullah etc who go around passing foolish and unlettered orders which get ridiculed in the High Court. In fact even the CIC's venerable Prof K.K.Nigam has said that he will not defend their foolishness anymore no matter how much (actually very little) money they pay him. Firstly, bodies established *UNDER* an Act of Parliamnet / State Legislature are NOT Public Authorities. They have to be established *BY* an Act of Parliament. If these have been established *under* any Act they only become P/As if they are established *BY* an order / notification etc. of appropriate government. Secondly, I fail to see how private colleges *affiliated* to DU are deemed to be public authorities vide section 5(1). FYI, I can be deemed to be an expert on who is a public authority considering that my own case "Sarbajit Roy versus DERC" is the leading case on this and the 35 page CIC decision which I and Mr L.C.Singhi wrote jointly goes into all aspects of 2(h) and 2(f). Yes, info can be sought from private educational colleges through DU using 2(f). There is a recent judgement of Delhi HC by J.Sanjeev Khanna on this "Poorna Prajna Public School". http://lobis.nic.in/dhc/SKN/judgement/06-10-2009/SKN25092009CW72652007.pdf The Private School / College then retains the status of a 3rd party. It is noteworthy that J.Khanna refused to go into the question of whether the school is a public authority. In conclusion, Mr Habibullah and Mr Gandhi are adults capable of defending themselves. Their office provides them no shield from responding to charges which are levelled at them by any person who says J'accuse. I am prepared to publicly debate this issue with them in any forum including a court of law. Sarbajit Roy --- In [email protected], Chitta Behera <chittabehe...@...> wrote: > > Dear Mr.Roy, > It seems the Commissioner took a right decision in imposing penalty against > the private colleges affiliated to Delhi University. Of course, he could > have in his discretion given a speaking exposition on how private colleges > affiliated to DU are considered 'public authorities' within the meaning of > definition thereof provided in Section 2(h) of RTI Act. According to this > provision, any institution 'established or constituted' under any law made by > Parliament is a public authority. As per this provision, Delhi University is > a public authority since it is constituted under a Central law called Delhi > University Act 1922 (No.8 of 1922). Once the DU is accepted as a public > authority, the Colleges affiliated to it become necessarily the Public > Authorities and are liable to appoint PIOs, APIOs and Appellate Authorities > just as the DU or the Government run Colleges are. Because Section 5(1) says > inter alia, "Every Public Authority shall . . . . . . > designate as many officers as the Central Public Information Officers . . .. > in all its administrative units or offices under it as may be necessary to > provide information to persons requesting for information under this Act". > Is there any dispute as to whether Aurobindo College, an affiliate of DU is > a public authority? I think there shouldn't be any in view of the just > quoted Section 5(1). And once the said College is legally covered under the > purview of RTI Act as a Public Authority, it is bound not only to appoint > PIOs and APIOs etc as per Section 5(1), but to carry out other obligations > too including those under Section 4, since the opening words of Section 4 > are "Every public authority . . . . . ". >  > Thus it seems, the concerned Commissioner has not done anything wrong by > imposing penalty against an affiliate of DU on the grounds on non-compliance > of Section4 and more so when the concerned institution was previously > directed by the Commission to comply with the same.            > Chitta Behera, > Cuttack, Orissa > > --- On Sat, 28/11/09, sarbajitr <sroy1...@...> wrote: > > > From: sarbajitr <sroy1...@...> > Subject: [rti_india] SPECIAL NOTICE: Dear Mr Habibullah - Is Shailesh Gandhi > an idiot ?? > To: [email protected] > Date: Saturday, 28 November, 2009, 11:34 PM > > >  > > > > http://www.dnaindia .com/academy/ report_principal s-of-9-du- colleges- > penalised- for-rti-non- compliance_ 1317744 > > http://cic.gov. in/CIC-Orders/ SG-24112009- 18.pdf > (and 8 other decisions like this? on complaint of some Rajiv Lala) > This idiot Commissioner obviously doesn't possess a copy of the RTI Act. > > How is the Principal of this private college a PIO? Don't you know that only > PIOs are liable to penalty ? On what basis have you computed the Rs.5,000 > penalty - you stupid f**ker ?. > > Is Aurobindo College a public authority - settle that first you bloody fool! > After that settle if they must appoint a PIO and put the neccesary RTI > infrastructure in place you moron!!! > > This is a list of all DU colleges. Why don't you ask St Stephens College to > appoint PIOs ?? > > BTW: What is a "demi-official letter?" > > Does anyone want more MGO appointees appointed to the CIC? Isn't one bad > enough !!! > > > > > > > > > > The INTERNET now has a personality. YOURS! See your Yahoo! Homepage. > http://in.yahoo.com/ >
