Personal Appeal to Hon'ble President of India to remove "Inefficient" public servant

[vaghelabd]

My Message to Mrs Pratibha Patil Hon'ble President of India dated 15th August 2007 for kind information of the RTI Members placed below.

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Aug 15

Happy Independence Day

Mrs Pratibha Patil,
Hon'ble President of India,
New Delhi

Respected Madam, I wish to submit the following for your kind personal consideration at an early date.
If a public servant who cannot deliver goods he/she is required to deliver & who cannot do justice to his / her assignment being inefficient cannot be allowed to continue in the office any more. Larger public interest demands removal of such inefficient public servants from their offices at the earliest possible .

Therefore, in the interest of the people of India, I hereby urge and appeal Hon'ble President of India for the following amendment to the Right to Information Act 2005 on removal of inefficient Chief Information Commissioner & Information Commissioners of Central Information Commission / State Information Commissions from their posts.

Present provisions available on their removal in the Right to Information Act 2005:

Quote 1:

(3) Notwithstanding anything contained in sub-section (1), the President may by order remove from office the Chief Information Commissioner or any Information Commissioner if the Chief Information Commissioner or a Information Commissioner, as the case may be,—

(a) is adjudged an insolvent; or
(b) has been convicted of an offence which, in the opinion of the President, involves moral turpitude; or
(c) engages during his term of office in any paid employment outside the duties of his office; or
(d) is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body; or
(e) has acquired such financial or other interest as is likely to affect prejudicially his functions as the Chief Information Commissioner or a Information Commissioner.

Unquote:

Quote 2:

17. (1) Subject to the provisions of sub-section (3), the State Chief Information Commissioner or a State Information Commissioner shall be removed from his office only by order of the Governor on the ground of proved misbehaviour or incapacity after the Supreme Court, on a reference made to it by the Governor, has on inquiry, reported that the State Chief Information Commissioner or a State Information Commissioner, as the case may be, ought on such ground be removed.

Unquote:


Proposed provision:

CICs / ICs (though might have been carefully selected from the candidates meeting the selection criteria as incorporated in the Right to Information Act 2005 ) are appointed for five years with No Probation period unlike other public servants who are confirmed in their posts subject to their satisfactory performance during the probation period.

This system provides immunity to the inefficient CICs / ICs and permits their continuation in the office for five years which cannot be considered to be in order or in larger public interest.

Therefore, in the interest of justice, I hereby urge and appeal Hon'ble President of India for an amendment in the Right to Information Act 2005 to remove inefficient CICs / ICs of CIC and SICs.

Submitted for kind consideration at an early date.


With warm regards,


(Vaghela B D),
202, Sarap, Opp Navjivan Press, Off Ashram Road,
Ahmedabad - 380 014
[Severed: non conforming to RTI India Policy]
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Report on Monthly Disposal of Cases
Year	Month	Opening Balance	Receipt	Disposal	Closing Balance
2006	April	486	249	97	638
2006	May	638	413	204	847
2006	June	847	494	255	1086
2006	July	1086	507	283	1310
2006	August	1310	491	374	1427
2006	September	1427	485	325	1587
2006	October	1587	350	287	1650
2006	November	1650	511	296	1865
2006	December	1865	728	569	2024
2007	January	2024	736	358	2402
2007	February	2402	876	552	2726
2007	March	2726	1053	463	3316
2007	April	3316	768	562	3522
2007	May	3522	946	632	3836
2007	June	3836	603	620	3819
2007	July	3819	503	628	3694

[Abhinav Bohare]

Right to information also mean right place and right words and rightednous

[colnrkurup]

It will be more appropriate to address the President as : " Your Excellency " and refer as " Her Excellency "

[vaghelabd]

I am thankful to you for drawing my attention towards using "Your Excellency" / "Her Excellency" words while addressing a communication to Hon'ble President of India.

[Abhinav Bohare]

Col Sir ! This is more larger thn just His or Her Excellency....

Such posts are against the ethics of rtiindia.org

And I am sure that Mr Vaghelabd would appreciate this too...

I am sure the moderator must have contacted Mr Vagheabd on this post .....

When many of us were learners in RTIindia.org , We had similar probs...

Anyways bottom line is with the Moderators ...But we should restrain from Individual sarcasm ..Like done against the CIC...

rtinindia.org is not a Anti Govt portal....DO read the disclaimer on this issue

All I can is advise, as we Indian respect our elders A ton....And both the respected are at least my seniors...

Well ! Else India is Free...everyone is wise...

Regards

[ganpat1956]

Removal of ICs--Will it serve the purpose?

Shri Vahela' representation is throws some interesting statstics on the accumulation and pendency of RTI cases. But I feel the solution for the malady lies elsewhere--in strengthening the justice delivery system and also in training the PIOs at every level to make as much disclosure as possible so that fresh accretion to the number of complaints/appeals with SIC/CIC gets reduced in course of time. From the figures furnished, it is atleast heartening to note that a serious attempt has been made during the months of June and July 2007, for which period, the number of cases disposed is more than the number of cases received during those months.

This is a general malady that is prevailing in the judicial system. The courts are terribly overloaded due to the following pending data, as on February 27,2006 shows: Supreme Court 33,635, High Courts 33,41,040 and subordinate courts 2,53,06,458(Figures published in "The Pioneer"). Can we extend the same logic to say that all the judges manning these courts are inefficient? What we require is judicial reforms, but unfortunately, that is not the priority of our rulers, though they wax eloquently in public about justice for the common man.

[Abhinav Bohare]

I WROTE THIS PEOM WHILE WELCOMING Mr Vagelabd


"You are Welcom

Welcome are you......

In rtiindia.org

Thats all about responsiblity and No Due.....

Here we assist persist on wrong and right

We never promt personal or anti Govt fight........

As rtiindia.org no matter big or small

But firmly believes that .....

United we stand and lets not divide to fall...........

And we know you would have come with milestone and sway

So we promise you destined path and longest high way.....

By Abhinav
....RTI MEMBER ...DO RE-Member

[Abhinav Bohare]

HOPE GUYZ you Like my WELCOME NOTE..

Plz MOtivate me

[vaghelabd]

My response in the continuing discussion:

No. 1: What I know of CIC, CIC, New Delhi is that he is a nice person. A thorough gentleman. I have nothing against him. He might have done wonderful job as Chief Secretary, J&K or any other assignments earlier. The question is how effective is he as CIC during about two years after giving discount to the teething problems the nascent organisation faced initially on various fronts including working space / placement of manpower etc?

No. 2: My appeal to step down is a sincere appeal coming from the heart. I mean what I have requested.

No. 3: It is NOT a sarcastic remark.

No. 4 : In the words of well respected SCIC, GIC, Gandhinagar, Gujarat "RTI is a great leveler". (My message dated 19th June 2007 to CIC in this regard placed below)

No. 5: And, in RTI matter, the concept of Seniority / Juniority has no place.

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Chief Information Commissioner,
Central Information Commission,
New Delhi

Dear Sir,

Today, I have come across an excellent decision by GIC Gandhinagar on Content, Intent and the Entities which is enclosed for your kind information.

It provides superb clarity on ROLE TO BE PLAYED by the PIOs and FAAs.

Quote:

The RTI Act is great leveller. It does not differentiate the status of the person seeking information. Respondent No. 1 behaved only as Town Planning Officer in treating the appellant as "Black Listed Architect" forgetting his duty under the RTI Act 2005 to treat him only as a "Person" or a "Citizen".

Unquote:

I would add that the PIO / FAA may be at higher level in their own organisations as Superintending Engineer / Chief Engineer and the RTI appellant may be Junior Engineer

or

PIO / FAA may be at lower level in their own organisations as Deputy Engineer / Executive Engineer and the RTI appellant may be Chief Engineer but

PIOs / FAAs need to forget their designations while discharging their quasi-judicial duty under the RTI Act.

CIC may kindly consider putting this decision as "landmark decision" on the CIC website.

With kind regards,


(Vaghela B D),
202 SARAP, OPP NAVJIVAN PRESS, OFF ASHRAM ROAD, AHMEDABAD - 380 014
Ph - 079 2754 0128 / M - 94276 08632

[Abhinav Bohare]

Nothing but Self Appraisal is Imp on the 1st post you did...

Coz Kushal Sir, Ganpat, Col Kurup etc...these are unbaised and pro rti people....

Well Rest Is welcome and we appreciate your gesture

[kushal]

As we do not even intend to discuss this issue as told via PM categorically to all concerned, I am closing this thread.

Thank you!