High Court case

**bjsarawgi** · 06-25-2007, 09:11 PM

An information was asked form the Urban development department government of Jharkhand with regard to a contract signed by them.

The copy of the documents submitted by the companies for pre qualification who have qualified.
The copy of the certificate issued by a third company certifing that the company who has participated has done and completed the job.
The dtails of the documents submitted for being technically accepted.

The department refused to give the details saying it comes under RTI ACT 8(1) (d),

The comission heard both the party and gave a ruling that these are no secret document therfore it should be given.

The department went to High Court and filed a writ which was dismissed.

Now the department has filed LPA in double bench,

Pl suggest,

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**bjsarawgi** · 08-13-2007, 05:42 PM

the hon"ble high court dismissed the lpa of the urban development department. the detail order sheet will be given in two three days. the urban develop department submitted to the court that these information comes under claus 8(1)(d).

this information has revealed the forgery by the consultant resulting they got order for 20 crores in conivence with state government officials

Originally Posted by bjsarawgi

An information was asked form the Urban development department government of Jharkhand with regard to a contract signed by them.

The copy of the documents submitted by the companies for pre qualification who have qualified.
The copy of the certificate issued by a third company certifing that the company who has participated has done and completed the job.
The dtails of the documents submitted for being technically accepted.

The department refused to give the details saying it comes under RTI ACT 8(1) (d),

The comission heard both the party and gave a ruling that these are no secret document therfore it should be given.

The department went to High Court and filed a writ which was dismissed.

Now the department has filed LPA in double bench,

Pl suggest,

**Debashis Basu** · 08-14-2007, 06:46 AM

Sponsorer

Friend

I think it is the last Kurukskhetra war between Citizen empowered with RTI ACT and the corrupt Govt Officials who now stand exposed due to RTI ACT.

Division bench , by all probability, will not reverse single bench verdict.

We , the RTI Activists , now should make our consolidated move to ensure that appeal from Central / State Information commission should lie only before Supreme court of India.This will bind the corrupt officials with the necessary restrain to make an applicant under RTI ACT to run in the corridors of courts for years !

Cheers

Debashis

**karira** · 08-14-2007, 07:32 AM

Originally Posted by Debashis Basu

Friend

I think it is the last Kurukskhetra war between Citizen empowered with RTI ACT and the corrupt Govt Officials who now stand exposed due to RTI ACT.

Division bench , by all probability, will not reverse single bench verdict.

We , the RTI Activists , now should make our consolidated move to ensure that appeal from Central / State Information commission should lie only before Supreme court of India.This will bind the corrupt officials with the necessary restrain to make an applicant under RTI ACT to run in the corridors of courts for years !

Cheers

Debashis

Your suggestion is indeed very good. I would just like to add, Supreme Court for "central issues" and High Courts for "state issues".

But, Debashish, please do not be mistaken. This is not the last Kurushetra war. It is only the First Battle of Panipat. And, mind you, in this case, the matter will not end with the Third Battle. Citizens of this country will have to go on and on and on and on to change our "chalta hai attitude" and the much maligned "endemic system".

What is needed, is more and more citizens like you and me, taking the RTI route and at the same time training, educating and encouraging others also to use the RTI Act. We might not be a Anna Hazare or Kejriwal or Sailesh Gandhi, but if we can just contribute our knowledge, our experience and spare some of our time, it will help in a small way to improve this so called "system".

**Debashis Basu** · 08-14-2007, 09:50 AM

Thanks friend for your message.

It will be totally wrong to say High Court for State matters and Supreme court for Central matters.

It is matter of jurisdiction. All state High Courts must come under Supreme court of India.

My suggestion was based on the fact that in Consumer Protection Act - the National Commission verdicts can be challenged only in Supreme Court of India. I want a similar shield for RTI ACT 2005.

CHEERS.
Debashis

**karira** · 08-14-2007, 11:28 AM

Debashis,

I might be wrong about this, but my reasoning was that each state legislature has passed the RTI Act for their state. Therefore the jurisdiction will lie with the respective states' High Court.