Non-compliance of Orders by Public Authority.

[M.V.Ruparelia.]

First International Day &7^th World Elder Abuse Awareness Day, 2012.
(Stop Elder Abuse)

M.V.Ruparelia.A503 Rashmi Utsav, Near Jangid Estate & Vijay Park, Mira Road (E). 401 107.

To Shri Rnakar Gaikawad,, 15-6-12.
State Chief Information Commissioner, Mumbai.

Kindly call for my detailed letter dt 26-3-12 followed by 11-5-12 to your predecessor and take suitable action to get the required information from State Government as per my Application dt 3-4-10 very early. State Government has not complied so far with orders passed by Shri Vilasrao Patil, the then SCIC received under no muma aa/nondni kramank 46/appeal no. 6852/02 dt 11-7-11 addressed to Ministry of Social Justice, Maharashtra to give information within 10 days..
Orders of the then SCIC are not yet complied with by concerned PIO of Ministry of Social Justice & Vishesh Sahaya Vibhag, as would be seen from the following:-
Item 1 of SIC`s Orders dt 11-7-11: SIC had ordered that PIO of Karyasan Sudhar 1 ; Karyasan asthapna 3 & samajik nyaya & vishesh Sahaya vibhag should give information for item no. 4, 6 & 7 within 10 days of receipt of these orders.
Item 4 of Application read as under:-
iv) Latest position of adopting and notifying the second part of State Policy on Older Persons, sending copies of notings from various levels for last 10 years and reasons for not adopting & notifying so far may be given. Position in respect of establishing State Council of Older Persons with District & Block Chapters as per letter no. 15-36(28)/2003-AG dt Jan, 04 from Minister of S.J.& E. may also be advised.
Sanjay Gurekar, kaksha adhikari & PIO vide his letter dt 25-8-11 to me & copy to SIC has informed that this information can not be given in terms of Sec 8.1(i) of RTI Act, 2005. He was advised under my letter dt 30-8-11 with copy to SIC as under:
He was advised in my letter dt 30-8-11 followed by letters dt 28-10-11,11-1-12, 8-2-12 & 3-3-12 that Government of India had notified National Policy on Older Persons in 1999 and had directed all States/UTs to adopt this and announce their policy for welfare of senior citizens of their States/UTs. It is now 12 years that this has not been done and Senior Citizens of Maharashtra are deprived of the benefits laid down therein. We have requested the information as available in records as to the latest position and as to what action is taken in 12 years inspite of reminders from Nodal Ministry, NGOs of Senior Citizens & individuals from time to time. Notings on receipt of Policy- first reference on Policy from Govt of India & all other references on this subject can not be denied, as those notings can not be considered as exempted under Sec 8, as contended by you. Let SIC examine & decide this case of abnormal delay & depriving 10% of total population of the State and not giving any information.
Not creating a State Council for 12 years has also resulted in depriving Senior Citizens of their Right of Negotiation with State Government through this Council and stating that matter is under consideration (for 12 years) is denying the information as to reasons for taking/not taking any decision affecting very large number of Citizens of the State.` This was followed by reminders & Telephone contacts but no reply is being given even after 7 months of my letter dt 30-8-11.
SIC may like to call all papers and decide whether this information of adopting NPOP, 99 of Central Government is exempted under Sec 8.1 (i) of the Act and can remain under examination of Cabinet for 13 full years, depriving 12 crore Senior Citizens of Maharashtra.
Item 6 of Application reads as under:-
vi) The position of implementation of Maintenance and Welfare of Parents & Senior Citizens Act, 2007(Act 56) in various districts of Maharashtra in respect of tribunals, Old Men’s Houses, Geriatric Wards, training of personnel etc may please be advised.
PIO was advised under my letter dt 30-8-11 followed by several reminders that simple information is requested about prevailing position about various provisions in Maintenance and Welfare of Parents & Senior Citizens Act, 2007(Act 56) adopted and notified by Government of Maharashtra in their extra ordinary Gazette-Part 4-A on 23-6-10. No advice is given in this item and as such remarks are not clear. There is no Sec (kalam) 3 etc in the Act on this point. Kindly, give extract of that Sec (kalam) for our knowledge. It is clarified that information requested is i) number of tribunals established by now in each district. ii) Whether any Old Men`s Home is initiated/constructed in any of the Districts, as laid down in the Act. iii) Whether any geriatric Wards are provided in any district, as laid down.
iv) Any arrangements are made in any district to give training etc. If this is giving ``Advice``, let SIC decide.
There is no provision in Sec 3, as contended. Moreover, there is no advice given, only information is requested. Kindly, do needful and get the requested information.
Information for item vii is received.
Item 2 of SIC`s Orders dt 11-7-11: Information for item 5 to be given by PIO, Sarvajanik Arogya Vibhag within 10 days and to take Disciplinary action against PIO.No information is received till date nor Disciplinary action taken by Pradhan Sachiv.
Item 3 of SIC`s Orders dt 11-7-11: Disciplinary action to be taken against PIOs, Karyasan Sudhar-1, Karyasan Asthapna-3 under Sec 20 (2) of the Act. No action is taken so far by Pradhan Sachiv.As this information is pending since 3-4-10 and is affecting 12 crore Elders of Maharashtra, we shall be highly obliged, if SCIC looks in to this and get the requested information very early.
Thanking you,
Yours Sincerely,

(M.V.Ruparelia).

Copy to Shri Sanjay Gurekar, Kaksha Adhikari & PIO, Ministry of Social Justice& Vishes Sahaya Department, Government of Maharashtra, Mantralaya, Mumbai-400032.
Copy to Pradhan Sachiv, Ministry of Social Justice & Visesh Sahaya, Government of Maharashtra, Mantralaya, Mumbai-400032.
Copy to Pradhan Sachiv, Health Department, Ministry of Health, Government of Maharashtra, Mantralaya, Mumbai-400032.

[jps50]

Sponsorer

Following link will be useful:

Non compliance:
http://www.rtiindia.org/forum/blogs/...-cic-sics.html

[M.V.Ruparelia.]

Very Useful proforma but no action is taken by CIC/SIC on such requests. We have to find a way to get action on such complaints.

[sharmajee]

Sirjee,

If u use word complaint (perceived as complaint u/s 18), IC will hide behind SC judgment of Manipur, may in rare case award penalty, but u can't expect compliance.......or order to disclose information.....

Following link will be useful:

Non compliance:
http://www.rtiindia.org/forum/blogs/...-cic-sics.html