Most funny but true reply by PIO, FAA argue to get out of ambit of RTI Act

[R Madhok]

Kindly look in to the reply received by PIO Municipal Council in violet colour.
Today in the meeting the E.O. was asking me leave the RTI. What problems you are facing we can solve those problems.<o></o>
I said whatever the problems I am facing I have made complaints about the leakage from the house of neigbour. Due to the floor trap leakage we have made several complaints to you under Speed post but no action has been taken. <o></o>
He said we will solve this problem. We will inspect the location and will serve notice to the opposite party. He will get the job done.<o></o>
I said this is my constitutional right to get information. I m not getting any favour from you. <o></o>
Last time when I visited Muncipal council office. Then the Muncipal Engineer said. Madhok ji, you complain to the President of India. The application is being marked from her office. Come to the Peon of Muncipal Council and like wise return to President. What is the fun to write to president. Whether any job can be done with the intervention of President.
<o></o>
Application for information under Rti act 2005<o></o>
Covering letter of reply. Aaj mujhe reply milla. Who aise hai.<o></o>
Shahar mein development ke daam budget provision ko mukya rakhte hue sambandhit area ka mouka dekhne ke baad takhmina (project) tayar karke aur phir in takhmino ko nagar council dwara house mein paas karwane ujprant tender ki kriya poori hone par karwaye jate hain. <o></o>
<o></o>
I Rajneesh Madhok a citizen of India, request you to kindly provide me the following information under the Right to information act, 2005

1. Please inform me the name, designation address, office telephone number of the officer of the Phagwara Municipal Council, who is responsible for the maintenance of Roads located in Ward No. xxx the area called xxxx in the locality of xxxxx Road of xxxxx town.

Municipal committee mein kisi bhi ward mein development ke kaam Municipal Engineer, Sahayak Muncipal Engr, Bhag adhikari (Civil) means Section officer, Bhag adhikari (Mechanical) ki dekh rekh mein karewaye jate hain yeh adhikari prantikarn asamiyon (niyuktiyon) (State appointments) ke hote hain aur in ki badliyan hoti rahti hain. Is samein in niyuktiyon par tainat adhikariyon ka vivran niman likhat anusar hai.
Sh. xxxxx Singh, Municipal Engineer Ph: xxxxxxxxx
Sh. xxxxxx, Sahayak Muncipal Engr.<o></o>
Sh. xxxxxxx , Bhag adhikari (Civil)<o></o>
Sh. xxxxx, Bhag Adhikari (Civil)<o></o>
Sh. xxxxxxx, Bhag Adhikari (Mechanical)<o></o>

1. How often and with what frequency is the above mentioned officer supposed to carry out in-site inspection of the roads and check their condition?

Field work dauran pahle kiye kaamon ko check kar liya jata hai.

1. (a)When was the last date and time when the officer supposed to carry out in site inspection of the roads and check their condition?

(b) Please provide me with a certified copy of the inspection report made by the officer after the inspection carried out by him during the last visit to xxxxxx area.
(C) Please provide me with a certified copy of the Action taken report based on the inspection report mae by the officer after inspecting the roads in xxxxxx area.
xxxx nagar mein mahina 6/2009 mein inspection ki gayi, jo mouke par kayi trutiyan thi, who inspection dauran thekedar ko saath le kar door karwa di gayi hain.

1. Please give a list of all the works related to improvement of roads and streets carried out in this area during the period from 6/5/2004 to 6/5/2009

Yeh record takriban paanch saal purana hai. Is liye is record ko dhoondhne ke liye kam se kam 21 din ka samay chahiye hai. Is mein record milne par aap ko de diya jayega.

1. How many times have repairs (both minor and major) have been carried out on each road and street in this area?

For each repair work, the list should contain
a.the length of the street or the road repaired and identify the starting and the ending point by house numbers or other methods
b.exact location of spots where the work was carried out
c.name of the work
d.work order no.
e.length of repair
f.average width of repair
g.method of repair
h.what was the composition of repair
i.actual date of start
j.actual date of completion
k.amount paid or payable
l.status of work
m.name of the contractor
n.mode of improvement of that road or street
Col 5 ke sare points record se sambandhit hain, is liye yeh record milne par diya ja sakta hai.

1. If the work was done departmentally, please also provide the following information:
   
   1. Copy of relevant portion of stock register
   2. Copy of relevant portion of labour register
   
   

Yeh kaam thekedar se karwaye jate hain. <o></o>

1. If the work was done through a contractor, please also provide the following information:

a.Copy of the contract and other document outlining terms and conditions
b.Copy of measurement book (both abstract entries & record entries)
c.Copy of sketch
d.Copy of details of estimates
e.Names of the Assistant Engineer and the Executive Engineer who inspected each of these works and passed payments.
f.Which portions of these works which were inspected by them.
g.If there was any guarantee clause in the contract, please state if it was invoked till now. If no, please state reasons in spite of the fact that the roads are in such bad condition.
h.Has the guarantee clause been invoked till now? If no, why in spite of the fact that the roads are in such bad condition.
Is col ke sare point record se sambandhit hain. Is liye yeh record mone par diya ja sakta hai.

1. After you have prepared the above information, I would like to inspect your measurement books and work order registers related to these works to ensure that you have given complete information. Please let me know 3 separate dates and times so that I may choose one and advise you accordingly. Please also state the venue where I can come for inspection.

Nagar council ki ijajat ke bina in kamo ki inspection nahin karwayi ja sakti.

1. The roads are totally broken these days. Please give specific reasons for the bad condition of each of these roads separately.

Name of the road Starting and ending point Reason for poor condition.
In sadko ki detail batayi jaye ta ki in ki inspection ki ja sake. <o></o>

1. If any of the roads is broken due to water staying on the road, please intimate whether it is due to wrong camber or due to clogged drains?

In sadko ki detail prapat hone par hi bataya ja sakta hai.

1. If it is due to wrong camber, please state the reasons for passing the payment.

Yeh bhi sadko ki detail prapat hone par hi bataya ja sakta hai.

1. Please state what action is due against the engineer who inspected the road and let it pass like this.

Sadko ki location pata karne par hi bataya ja sakta hai. Yeh point 9 se sambandhit hai.

1. If it is due to clogged drain, please provide the following information from the concerned department which dealt with it:
   
   1. Dates when these drains were cleaned during the stated period.
   2. Give copy of the measurement book of the cleaning carried out.
   3. Provide the names of the officials who inspected and passed the payments.
   4. This means that these officials did not do their job properly. Their inaction has caused so much loss to the exchequer and much inconvenience to the public. They are also guilty of criminal misconduct under section 13(1)(d) of the Prevention of corruption Act. Please state what action is due against them.
   
   

Yeh sankhya no. 9 ka jawab milne par hi bataya ja sakta hai. ( Point A se le kar D tak)

1. The fact that these roads have broken shows that very bad material has been used in the roads.
   
   1. Please state if you have made any enquiries to ascertain the quality of the roads.
   2. Please state the outcome of the enquiries along with a copy of the enquiry report and all documents upon which such report is based.
   3. Please state if any responsibilities have been fixed.
   4. Please state the date of start and date of completion of each enquiry.
   
   

Yeh karmank no. 9 se sambandhit hai.

1. The payments appear to have been made fraudulently and the inspection carried out by the engineers was faulty. Please state what enquiries are due to against the engineers who passed the payments and did faulty inspection.

Yeh karmank no. 9 se sambandhit hai.

1. I want to take sample of material of each of these roads from five different places of my choice under section 2(j)(iii) of the Right to Information Act, 2005. The samples should be collected in my presence and should be sealed and certified. Please intimate me 3 separate dates and times so that I may choose one and advise you accordingly. Please also advise me the venue where I should come and who I should meet to start the exercise.

Yeh bhi karmank no. 9 se sambandhit hai.

1. I would also like to take digital pictures of the roads mentioned above. When I am inspecting the roads along with your staff and engineers. Kindly inform your Engineers and Staff accordingly.

Yeh bhi karmank 9 se sambandhit hai<o></o>

1. How many written or verbal complaints has the Phagwara Municipal Council/ corporation received regarding the poor conditions of Roads in the Nehru Nagar area?

Please give me the follwing information about each of the complaints:
: Date of complaint.
: Daily progress of the complaint received.
: Action taken on the complaint received.
: Date of reply given to the complainant and a list of the reply.
Yeh record dekh ke bataya ja sakta hai. Is liye yeh bina tarikh ke batana asambhav hai.<o></o>

1. By what date can the citizens living in Nehru Nagar, St. No. 2, areas expect the roads to be restored to their original conditions and be made fit for normal driving.?

Majooda samaya mein sadak normal driving ke liye theek hai.

1. If the roads are not restored to their original conditions by the date indicated in Item 19 above, what action will be taken AND what penalties will be levied by Council against the officers/ contractors/ agencies which do not restore the road on time?

Yeh lagoo nahin hai.
<o></o>
I am enclosing herewith an IPO NO.______________ dated___________ for application fee. For RTI application.
I am willing to pay further charges==========
Thanking you
Rajneesh Madhok
B-xxx/63, Nehru nagar,
St. No. 2, Railway Road,
Phagwara-144401 (Pb)
<o>
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[dillip kumar mohapatra]

Sponsorer

Thanks for posting.

[ambrish.p]

Dear Rajneesh Ji

It seems U forgot to provide input in point no.9. What about first appeal???

How this information was available in material form with PA "Majooda samaya mein sadak normal driving ke liye theek hai."


In your next RTI application do ask what is normal driving. copy of rules/guidelines in this regard as per their records.

regards

[R Madhok]

Dear Amrishji,
I had filed my application under RTI act on 6/5/09 as per the above mentioned application. On 4/6/09 The PIO replied to my above mentioned queries. That:
Aap ko bataya jata hai ke Vikas ke kaam Municipal account ke rules ke mutabik nagar council dwara karwaye jate hain. Yahan aap ko yeh bhi soochit kiya jata hai ke RTI Act adheen jankari lene ke liye jaroori fees salagan (attach) nahin thi. jo ki ab bheji jaye ta ki aap ko jankari uplabdh karwayi ja sake.

The above mentioned reply I got. Agrieved on the reply I filed the appeal on 9/6/09 to the FAA and yesterday was the hearing as mentioned in my Post No. 1. Secondly as it was the last date to reply to my appeal. The FAA arranged meeting of all the officials including PIO, M.E., Asstt. M.E., all the Sectional officers.
The FAA was more interested to get the application withdrawn than to get hearing properly.
When i said that this is my constitutional right to get the reply. The PIO said that you have not submitted the required fee alongwith your application. I astonished to note for which application I have not submitted the fees. He showed me my application. I laughed at him and on FAA as well and said that both of you are Public Authority and I regret to inform you that you don't know that Form A (See Rule 3(1) ) has to be sumitted alongwith the required application under Punjab Right to Information Act, 2005. Kindly see the rule and then argue about the submission of the fees. The PIO said these are two applications. I said no it is one application, which is the cover note basically, required to be furnished Under Punjab RTi Act---FORM A.
The FAA (Executive Officer) had been taking the side of the PIO. I said that PIO should reject my application if he is sure that i have submitted two applications and the fees has not been submitted. On my this version the FAA got U-turn.
Then FAA said to PIO that the appellant has the grievance that you have not mentioned your designation alongwith PIO's signature, you should do this as well.
Then the M.E.and other staff said that we can not provide the required documents at this stage. it will take more time. Then FAA said to me to give more time to PIO to submit the reply. I said you are the decisive authority. Take decision as per RTI guidelines. If it is permissible in RTi Act to give more time to the PIO to furnish the reply then it should be given. He asked me what is the rule. I said as per my knowledge today is the last day to provide information and as per rule you can't give more time to PIO to reply.
Then FAA said we should make agreement that the reply will be made in 21 days. I said there is no such provision in RTI Act and so I shall not make any agreement. Then he said O.K. you will get the reply positively today.
At about 4 P.M. the PIO who is the Supdtt. of Municipal council came to my office and delivered the above mentioned reply to me.
Rajneesh

[R Madhok]

Regarding denial of information under Right to information Act, 2005.
The above titled complaint is fixed for hearing on Monday, the 14th september, 2009 before State information commissioners, Chandigarh. Let us see the outcome of the appeal.
Rajneesh Madhok