CIC Contemplates Contempt Proceedings

[sidmis]

CIC Contemplates Contempt Proceedings

Central Information Commission is now is in the process starting Contempt proceedings against alleged contemnor after receiving Expert Opinion.

In the last meeting of CIC on 17.06.2008 (full bench meeting) the Info Commissioners discussed on the Commission's power on Contempt proceedings. An expert opinion has been received from Supreme Court Senior Advocate Mr. L Nageswar Rao.

It appears that the expert opinion of Mr. Rao is amenable to the Commissioners' line of thinking. That's the reason why the commission is now seriously thinking of initiating Contempt actions against alleged contemnors.

Nothing is known about these alleged contemnors.
It could be either some erring PIOs or hapless Info Seekers or both? Commission is not forthcoming on these.

But from the seriousness with which the commission has taken up this issue it will definitely add to a new chapter in the evolutionary process of Right to Information.

Agenda Item: 1 Expert opinion of Shri L. Nageshwar Rao, Sr. Advocate
Supreme Court – regarding contempt powers of the Commission.

The opinion of Shri L. Nageshwar Rao, Sr. Advocate Supreme Court –
regarding powers with regard to contempt of court was discussed. Commission desired that some cases be taken up in light of the advice of Shri Rao.

JS (Law) will discuss with Sri Rao some questions raised by the Commission
in discussion and will report accordingly.

Minutes of the meeting of the Commission held on 17.06.2008 is available here...
http://cic.gov.in/CIC-Minutes/Minutes17062008.pdf

Sidharth

[Dr.R.K.D.Goel]

2.7.2008
The Public Authority under RTI Act 2005, Vadodara Mahnagar Seva Sadan (VMSS) Vadodara from October 2005 has not given me File notings despite the Orders of the Gujarat Chief Information Commissioner, Gandhinagar. The VMSS refered the matter to GAD RTI cell of Govt. of Gujarat. The GAD RTI cell given direction to give file notings as per guidance of administrative Ministry of VMSS. The VMSS got instruction from the UD & UH deptt. Govt. of Gujarat to give file notings. The VMSS public authority Mr. M.K.Das IAS not obeyed the orders of their administrative head and refered the matter seeking advice from the Ahmedabad and Surat Municipal Corporations in May, 2007 wheather they give File Notings OR NOT.
My 20 applications under RTI Act 2005 are pending with the PU of VMSS from October 2005. No action taken by the PU of VMSS Vadodara despite clear orders of the SGSCIC Mr. R.N.Das IAS to the VMSS to give File notings to the RTI applicant (Dr.R.K.D.Goel), but all in vain.
This my case should be now be heard by the GSCIC under Contempt of Court case against Mr.M.K.Das IAS, PU of VMSS Vadodara.
Dr.R.K.D.Goel Vadodara

[jps50]

Members would salute you for your perseverance and follow-up at this age. Kindly keep on keeping on. Why not Sir, write to GIC to initiate contempt proceedings against PIO, with a copy to Chief Secretary of Gujarat with appeal to initiate departmental action under govt service rules against erring PIO for defiace of orders of Quasi Judicial Authorites.

[Dr.R.K.D.Goel]

3.6.2008
thanks

[Dr.R.K.D.Goel]

3.07.2008
I am going to follow my case as my fellow rti activists advised me. The State of Gujarat appointed a three secretaries committee in 2006 to recommend to cancell GAD RTI Cell circular dated 14.11.2005 OR NOT. This information is given by the PIO and Ist appellate authority of RTI Cell of GAD to the State Gujarat Information Commission in hearing of a RTI appeal by the SGCIC. But sorry the state of Gujarat bureaucrats have not acted so far. In the teaching material on RTI the Guajarat Sardar Patel Institute given in FAQ that the File notings are the part of the File. Despite this the GAD of Gujarat Govt. is not following its own teaching material published in a booklet form for thr Master Trainers of RTI Act 2005 for teaching to other PIOs. AAs.
The Gujarat govt. is stated to be best adminstered state with having transparency and Zero tolerance of Corruption.
Some RTI activists of Ahmedabad already filed the PIL in Hon. Gujarat High Court with one pray to cancell the GAD RTI Cell circular dated 14.11.2005.
Mr. R.N.Das IAS, GSCIC is now giving good orders / judgments. I hope he will start the contempt cases against the errant PIOs / AAs.
Dr.R.K.D.Goel, Vadodara.