Active help needed to move ahead with my so many Public Related Second Appeals.

[Pratik Malker]

Dear All RTI .ORG FRIENDS ,
Right Now I am very much depressed i have almost Six RTI Second Appeals Pending in Kokan Bhavan and Mumbai opp Mantralay.

They dont at all want to give any attention towards them , In fact they are Deliberately & Intentionally want to delaying and Killing the matters.

I think in Maharashtra They have systematically Preplanningly made this Rti System Blunt & Meaningless. There is no such Right to Information in our state. Useless & Meaningless Stuff.

A person works so hard to get the information

Also this is not a Job of any single individual .
A single Individual gets harrased & deppressed by all the trickery of this expert Corrupt Public Servants.

Dear friends there must be many expert volunteers in our group If you kindly engage any one or two volunteers to help me out it will be very helpful.

In One of my latest RTI appln the PIO of Bombay High Court furnished me Two Months Delayed information.
So i naturally demanded for Penalty on PIO .
The FAA denied my argument saying If the PIO didnt recieved the information from concerned dept from where will he furnish information.
I cross argued atleast he should have intimated me as u/s 7 (1) (2) . He didnt so to be Penalised.
FAA Rejected.
Is anybody Willing to take up even this matter . PLz Call or email on my Personal mail also.

Regards
XXXXXXXXXXXX and xxx@yyy.zzz - Deleted mobile number and email id - posting against forum rules




Pratik

[Yogi M. P. Singh]

Sponsorer

Hon'ble members. In view of your friend, respected member even genuine in his demand but may have patience which is need of hour. Respected member alleged that two month delayed information was made available by the PIO High Court thus he violated the section 7(1) and did not reply the cause of delay in mean time so also violated the section 7(2) of R.T.I. Act 2005. F.A.A. made available the reason that cause of delay in providing information is that information was not held by PIO but PIO collected information from the custody of some one else. Respected member argued that PIO might have informed that I am collecting the information, as soon as I will get the information made available to you. Respected member these PIOs are too much clever , at last they will say that I had informed the information seeker and when you will ask for proof, they will show the dispatch register which can be easily maintained and post will be ordinary post. F.A.A. can take only disciplinary action against PIO but commission can take action against PIO under section 20 of transparency act. PIO has been upheld by F.A.A. but respected member is not satisfied with the reason of F.A.A. so may file an appeal under subsection 3 of section 19 before commission and ask for pecuniar penalty on PIO for not only delay but denying information(section 7(2)). At this stage how can PIO say that he had sent the intimation when F.A.A. did not mention in its reason even when respected member raised such question.

[Pratik Malker]

Dear Yogiji,
Thanks for Perfectly understanding the matter and accurately replying the same.
But Problem is The Argument of a Single Individual Appellant is not heard & taken seriously by FAA or SIC Commisioner.
There needs to be atleast Two Three expert persons at the time of argument, to pull out the Order right in our favour.
Secondly you suggested me for Second Appeal u/s 19 (3)
But my experience says second appeals in Maharashtra take very long long time to come on board and being heard.
Is there any other alternative like writ petition etc to be chased for quick decision.
And if it is there will you guide me through it.

Thanks & Regards

Pratik

[Yogi M. P. Singh]

Hon'ble member. You are well apprised with the fact that if the proper remedy is available then the alternative remedy need not to be applied. Respected member, according to section 23 of R.T.I. Act 2005, No court shall entertain any suit, application or other proceeding in respect of any order made under this act and no such order shall be called in question otherwise than by way of an appeal under this act. Hon'ble member, you desire that violators of provisions of transparency act may be awarded punishment which is to be done by commission. If commission is not acting in accordance with the law and during the proceeding question of law arise, then you respected member may file writ in High Court to seek appropriate remedy. First you respected member file second appeal against the order of F.A.A. without time bar.

[karira]

There is no IC in Konkan Bhawan. There is a shortage of 5 ICs in Maharashtra. Unless the State Government quickly moves to appoint ICs, the situation is likely to get much worse.

You and other RTI activists in Maharashtra have to get together and put pressure for appointments.