Dear Mr sarbajit Need your guidance on one of the ruling of CIC which i feel, contravenes various High court rulings, CIC own rulings. I have tried to get help on below case from others but not encouraging response so far .. request if u can advise on below
i have filled an RTI application to Deppt of Education for providing me some info related to admission procedure + admitted candidate of a private recognised school in delhi. DOE replied that 2 questions of RTI cant be replied since school do not furnish the req info under Delhi school act and they dont have information available. In my 1st appeal i advise FAA auth that information can be called for under section 2(f) and supported my case with lots of High court, CIC, SC rulings but FAA didnt recognized those. i filled the 2nd appeal at CIC and during hearing all my arguments etc were set aside by commission and IC rulled that if information is not available with DOE then nothing can be done and passed a rulling that Commission do not agree with this plea( plea of section 2(f) given by appellant) and the information which under law or rules is expected to be held by the public authority is the information that has to be provided under RTI IC have not taken notice of gravity of case , the use of info req in the benefit of public as said school was discriminating on admission procedure and were favoring candidates which was against DOE guidelines. Information needed to usher transparency but IC overruled all arguments. Surprisingly on section 2(f) various important decisions have been given to facilitated transparency,as follows 1.Decision of Delhi High court --- WRIT PETITION (CIVIL) NO. 7265 OF 2007- POORNA PRAJNA PUBLIC SCHOOL vs CENTRAL Information COMMISSION 2.Appeal No. CIC/WB/A/2007/00315 dated 20-3-2007 -- Shri Ramesh N. Gandhi, Ulhasnagar vs Hq. SWAC, Gandhinagar (Guj) , Decision given by Shri Wajjat Habibullah on dated 1-8-2008 3.Appeal: No. CIC/OK/A/2006/00127-- Shri Jehangir B. Gai vs Bureau of Secondary Education, decision given by Shri O.P Kejriwal on dated : 21st July, 2006. 4.Appeal F.No.CIC/AT/A/2008/01083 ---Shri Bhoj Raj Sahu vs Securities and Exchange Board of India (SEBI), dated 25th May, 2009 5.Decision No.714/IC(A)/2007 F. No.CIC/MA/A/2007/00104 Dated, the 18th May, 2007.and Decision No. 1231 /IC(A)/2007 -- Shri D.K. Chopra vs Directorate of Education, GNCT of Delhi- Decision by Shri M.M Ansari 6.Appeal No. 914/SIC-ASR/2006, order given by Andhra Pradesh State Information Commissioner Case between N. Subba Rao (President, Bapatla Engineering College Non-Teaching Staff Association) and the Principal, Bapatla Engineering College, Bapatla Excerpts of the order include: 7.CIC/WB/A/2007/00179 dated 14-2-2007 : Complainant: Shri Abid Khan vs Directorate of Education, GNCT Delhi, ordered given by Sh. Wajjat Habibullah The above judgement supported section 2(f) for ushering transparency. DOE has power under section 50 of Delhi school act to call for any information from school if required . I am wondering why IC overruled all these aspects. Further,in ref to my other RTI with DOE, show cause notice was issued to PIO/deemed PIO for not providing information on time. On the day of show cause notice i was present but i was not called for hearing since deemed PIO was absent and only PIO was present.. i was told that IC has recently issued penalty on deemed PIO and IC will decide whether to issue show cause again to deemed PIO for appearance or to close file without levying penalty and this will take some time may be next 4 -5 days.. i spent my 2 hours waiting in the reception area and after that i was told such feedback which was again not acceptable since there was clear cut case of penalty request members to suggest me on these 2 issues regards Mohit Goel ________________________________ From: sarbajitr <[email protected]> To: [email protected] Sent: Wed, 7 July, 2010 11:52:47 PM Subject: [rti_india] Re: Open Letter to Mr Habibullah in File "CIC/WB/C/2010/000155" Dear Bhaskar It is nice to know that IC(SG) still has some supporters left. What you are using is the same type of "statistical" exercise to prove that Shailesh Gandhi is a "good" Information Commissioner that the PCRF used for their last RTI Awards, and which was universally lambasted. FYI 1) There are 3 kinds of untruths - lies, damn lies and statistics. 2) Statistics are like a bikini top - showing everything yet revealing nothing. 3) Statistics are like whores, play with them long enough and they'll do anything for you. 4) All dogs are animals , All cats are animals, Therefore, all dogs are cats Now let me explain a few things to you 1) IC(SG)'s orders are pathetic. They are cyclostyled pieces of garbage of the fill-in-the-blanks variety. The blanks are filled in by his private interns who are are even worse than Arvind Kejriwal's "assessors" if such a thing is possible. If you don't believe me, read these 2 latest orders of his on CIC website which I picked at random (the 1st two on "recent decsions of CIC today) http://www.rti.india.gov.in/cic_decisions/CIC_SG_A_2010_001374_8434_M_37419.pdf http://www.rti.india.gov.in/cic_decisions/CIC_SG_A_2010_001426_8433_M_37418.pdf 2) Appellant's / Complainants do not get a fair hearing before him. The main reason for this is that he has already prepared the order before the hearing. In any case what sort of arguments can a person make in the 5 minutes alloted to them - 2 minutes for appellant, 2 minutes for PIO and 1 minute to print out the order. By this logic he should be delivering 100 decisions , ie 2,200 in a month - he is only doing 420 ?? Sorry 419.25 !!! 3) Awarding penalty routinely is NOT a good thing. It is like a quack doctor who gives antiobiotic+steroid for every patient. Only illiterate people get fooled by such tamasha. Unfortunately we have too many such illiterates in this world. 4) Many of SG's stupid decisions have been stayed / struck down in the High Court. 5) We all know the reasons his office has been digitised, and they have nothing to do with efficiency. 6) Lastly, I think you are confused - the purpose of RTI Act is not to give "justice" but to provide information to those who deserve it. Sarbajit --- In [email protected], Bhaskar Prabhu <mahitiadhikarma...@...> wrote: > > Dear friends, > > Disposals from IC Shailesh Gandhi. This information may be allergy to some > of the board members but can"t help it: > > From October 2008 to June 2010- 21 months. > Total disposal 8805. > Number of cases in which compensation awarded 32. > Number of penalties imposed 178 amounting to Rs. 33 lakhs. > One and nly commissioner with Average disposal of 419.25 per month > > Diogitalised his whole of office. > > We have one person as IC who knows that justice delayed is justice denied. > Kudos to him. I feel he can be recomanded to next CCIC, again this will be > allergy to some board members. > > Bhaskar Prabhu > Convenor > Mahiti Adhikar Manch >
