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Refer to my joining your RTIINDIA community and to your mail dated 13/12/2009 as underneath.
I wish to share a query with you, with the view to receive some guidance from you on how to achieve desired results.
It is submitted that I use to supply a raw material to a party in U.P. and malafidely, the party gobbled up the legitimate amount due to me by not making payments of over 35 truck loads of material supplied to him during the years 2000-2002, on concocted grounds of claiming the alleged rejection of the entire material under the garb of I.S.I. norms. In a civil suit filed in the Court against him for recovery of the dues, the party supported his said false allegations by various forged & fabricated documents, prepared allegedly under the rules & regulations of the Bureau of Indian Standards, viz., test reports, manufacturing & stock records. The said documents are beyond doubt forged and can be verified by reconciling the same with those submitted with the B.I.S. or the Department of Commercial Tax, for which complaints alongwith supporting documents have already been made to them in this regard.
On discussing the matter with the Bureau of Indian Standards & the Department of Commercial Tax and requesting them verbally to provide the copies of the alleged test, manufacturing & stock records or other relevant documents from them, the complainant was informed that the same cannot be provided to him even under the RTI Act since the said information pertains to a third party and that no public interest is vested in the information.
However, my point is I shouldn’t be treated as a third party as I am directly being affected by the conduct of this party, because this party has not made a huge amount of payment to me for over 8 years and has been lingering with the proceedings of the cases against it for long, by producing various forged & fabricated documents in the Court, prepared under the garb of I.S.I. mark and simultaneously may have submitted false information even to the Department of Commercial Tax. Moreover, the said information should even be treated in the public interest, as revelation of the same can unearth the fact that this party may be selling a rotten & phony material to the public, under the garb of I.S.I. Mark and thus befooling the above mentioned respective departments also.
I intend to move an application with the Bureau of Indian Standards & the Department of Commercial Tax, with the view to receive information, in respect of the complaints made to them and details of the scrutinization done by them for records checked and/or kept with them, in light of the assertions of my said complaints and to receive the copies of documents, viz., test, manufacturing & stock records and relevant assessment records, submitted with the B.I.S. & the Department of Commercial Tax, pertaining to the supplies made by me to this party, to reconcile the same with those submitted by this party in the Court.
To meet the ends of justice and to keep the purpose of the RTI Act intact and to make it beneficial to the general public at large, the said information should not be treated as a third party information and should be provided to me, as only the same can reveal the actual position regarding the alleged rejection of the raw material supplied by me.
Since I am concerned with the information pertaining to only the supplies made by me to this party, I have drafted an application to be moved before the P.I.O. - B.I.S. & the Department of Commercial Tax the Department of Commercial Tax, in this regard and would like to get the same reviewed from the experienced RTIINDIA community, who can analyze & amend the framing of my questions adequately, to achieve the goal at its best and so that the information sought in these applications do not get treated as third party information. On hearing from you, I shall attach the copy of my said drafted applications for seeking information under the RTI Act from the above mentioned departments.
Sunil Kumar Gupta