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File plaint against erring officials: HC

This is a discussion on File plaint against erring officials: HC within the RTI News & Discussion forums, part of the RTI News, Circulars and Decisions category; File plaint against erring officials: HC PANJIM, NOV 22 — The High Court wants a police complaint to be lodged against erring officials who are responsible for the ‘missing’ files ...


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  #1  
Old 11-23-2007, 05:33 PM
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File plaint against erring officials: HC

File plaint against erring officials: HC

PANJIM, NOV 22 — The High Court wants a police complaint to be lodged against erring officials who are responsible for the ‘missing’ files containing details of a high-profile construction project coming up at Bambolim.

When the matter came for hearing on Thursday, a Division Bench headed by Justice F I Rebello queried what action had been taken against the officers concerned.

He said the government has to lodge a police complaint against officials who lost the files containing original Town and Country Planning approvals, plans and No Objection Certificates in respect of the construction.

Taking a strong stand, the High Court summoned Chief Secretary J P Singh as files were not placed before the Court as directed yesterday.

On Wednesday, the High Court had asked the chief secretary to remain present in the Court today, if TCP Department failed to produce them, and explain what action has been taken.

When the matter came up on Thursday, the chief secretary was not present and the Court made it clear that it would not tolerate defiance of its direction and ordered that he should appear before the Bench within half an hour.

Later, the chief secretary came to the Court and it was brought to the notice of the judge who adjourned the matter for tomorrow. But it was not before the chief secretary remained seated in the Court for one and a-half hour.

The TCP Department is likely to belatedly file a police complaint tomorrow, sources said.

The People’s Movement for Civic Action (PMCA) and Goa Foundation in its petition filed against the company bringing up subject project has alleged there is blatant CRZ violation.

Patricia Pinto, PMCA General Secretary, had filed an affidavit stating they have not been able to examine original files pertaining to the project because they have been told that those files are missing.

According to the counsel for the petitioner, Norma Alvares, on August 21, 2007 Pinto applied for inspection of the files under the Right to Information Act. However, she was informed that files were not traceable.

Interestingly, Mariano Aguiar, secretary of village panchayat of Curca/Bambolim in a affidavit filed today claimed that files are missing while TCP has taken a stand files have been misplaced. The Court pointed out this contradiction.

Expressing his displeasure Justice Justice Rebello asked what action chief secretary is taking if RTI Act “is frustrated” in this manner.

The TCP was represented by Adv Subodh Kantak where as Adv Saresh Lotlikar appeared on behalf of the panchayat.

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Old 11-23-2007, 10:09 PM
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Re: File plaint against erring officials: HC

Dear Karira,
This judgment of High court will develop more accountability to public authorities. In so many case public authorities are denying the informations at these are not available with them. The CIC is not taking action against erring officers.
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Old 11-26-2007, 02:37 PM
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Re: File plaint against erring officials: HC

Mystery over missing file deepens

PANJIM, NOV 23 — Where’s file No DE/5453 pertaining to the project being set up at Bambolim? The mystery over this file has only deepened with the TCP now suspecting an ordinary khalasi to be behind the missing document.

Even as a police complaint was lodged by TCP late Thursday evening on the directive of the High Court, many in the Department felt that the khalasi, Mahadev Morajkar, is being made a scapegoat over the missing file.

It is learnt that on instructions of the Chief Town Planner Morad Ahmed Deputy Town Planner Ashok Kumar has issued a show-cause notice to Morajkar seeking explanation and reason for the missing file.

It is likely that the town police, who are busy with the International Film festival of India, may descend on the department to conduct investigation into the missing and vital document.

The police complaint of the TCP states that “it is suspected the file is either stolen by unknown persons or misplaced although a search is on to trace the file in order to rule out possibility of theft.” The said file pertains to the construction proposal in survey Nos 11/1, 100/1, 12/1, 101/1, 99/2 and 96/1.

Interestingly, the TCP, which is out of answers to explain the whereabouts of the missing file, has stated in an affidavit before the court yesterday that between April and June some files were sent to Spry Resources India Pvt Ltd, Hyderabad, for the purpose of scanning and the Department was checking with this company if file DE/5453 was with them.

But when GBA Secretary Patricia Pinto had sought for the files pertaining to survey Nos 12/1 and 99/2 under the RTI Act on August 18, the PIO on September 18 in a written reply had stated that files were not readily traceable in the office record.

Meanwhile, the Agassaim police station till late evening didn’t receive any complaint from the Curca-Bambolim Panchayat relating to the missing file.
It is likely that the panchayat may file the complaint tomorrow.

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