Knowingly Wrong reply by PIO,RHC quoting irrelevant orders

[drrathorehs]

Sir, I have made an application before Public Information officer of Rajasthan High Court, Jodhpur, He is bent upon to reject my all applications on some pretext or other, because that exposes their working. If an institution like High Court behaves in this manner,Where the public will go! Only can Pray to the God.The latest example I am writing here-I gave an application on 09-09-09, the contents were---
1. Is there, monitoring by the Registry, RHC of Direction/orders by the Hon'ble SC for early hearing or hearing in fixed time e.g. 3 months or 6 months?
2. Who is the authority responsible for listing these cases before respective Hon'ble courts? Are all these directions or orders are being to this authority by the concern staff.
3. Who gives the first listing date of these cases in the court, the authority responsible or the staff in section or peshi section?
4. In how many cases there were directions/ orders for early hearing in or hearing in fixed time by Hon'ble SC for Hon'ble RHC in 2007, if possible the details of these cases in respect of Hon'ble SC direction /Order, date of listing before Hon'ble RHC and the date of final disposal may be provided.
5. How many cases with direction of Hon'ble SC are still pending before the Hon'ble RHC ?
6. Is the registry of Hon'ble RHC is taking help of computerisation in maintaining such datas and if not, are they planning to do this?

THE REPLY GIVEN BY THE PIO, RHC, JODHPUR.
1. The information asked for cannot be supplied due to reasons given below:-

(i) As it is a composite application wherein so many informations have been sought on several Subject matters, therefore, application doesnot cover
in accordance with Sub Rule 1 of Rule 4 of Rajasthan Right to Information(High Court & Subordinate Courts) Rules,2006 and Sub Section 1 of Section 6 of right to Information Act, 2005.
(ii) Necessary declaration as mentioned in Sub Rule 2 of Rule 10 of Chave not been made by you in the application itself.
(iii) As regard your application dated 22-09-09, it is to inform that Rajasthan Right to Information(High Court & Subordinate Courts) Rules,2006
does not permit to remove defects after pointing out the same.

2. As per section 19 of the Right to Information Act, 2005, you may file an appeal to Appellate Authority within a period of thirty days of issue of this order.
Sd--------


In my opinion the reply given by the PIO is absolutely wrong. Either he is doing all this knowingly or because of inefficiency?
(i) The Rule quoted Sub Rule1 of RUle 4 of Rajasthan Right to Information(High Court & Subordinate Courts) Rules,2006 reads,--
4. Application for seeking information. - (1) Any person seeking information
under the Act shall make an application in Form "A' to the Authorized Person along with non Judicial stamp, of Rs. 100 duly affixed on /attached to it, which shall be non refundable.
Provided that the information relates to tender documents/ bids/ quotations/ business contracts, the application fees shall be Rs. 500 per application.
So the reply given was absolutely irrelevant and was not in the reference.
(ii) The declaration was made but it was a photocopy of the performa and on top of it it was mentioned the numbers of some other allplication, but it was signed and date put on the same day of submission of the application.
(iii) I gave application on 22-09-09 that by mistake the declaration submitted was not in proper order submitted correct declaration. Till that time nothing was communicated to me.
Thus the both statements in reply are falls.

It is my personal request to all those who are interested in RTI Act, to guide
me in dealing these type of people, I have nothing to gain from Rajasthan High Court, but fighting to improve the System in getting Justice.
By making appeal I am not going to gain much because they all are same.
Can I make Complaint of this Public Information Officer to Chief Justice of India/ Chief Justice RHC or CIC , to take appropriate action against this gentle man? Kindly guide me how to act in this case now. He has rejected my all nine applications. Making an appeal will costs money and time. Can I follw to paths simultaneously i.e. Making and appeal and making a Complaint also.

With Warm Regards.

[karira]

It is better to follow the due process even though you do not expect much from it. That way, when the matter goes to the CIC, no one can point a finger at you.

Therefore, please file a First Appeal.

[drrathorehs]

Sir,
As mentioned above the PIO is knowingly giving wrong reply, I have made appeal to FAA but as rightly pointed out nothing is going to be the out come. Can I make a Complaint to CIC before getting the reply of the FAA narrating whole affairs. Wrong interpretation of rules is not expected from Judicial officer.
Regards,
dr h s rathore

[karira]

Please wait till you get a order from the FAA.
Otherwise it is likely that the CIC will remand the matter back to the FAA.