You had also mentioned that the ' relevant files were missing '. If I am in your position I would like to file a request for "insection of those documents (files) under Section 2(j)(i)" and follow it up as per the prevelent departmental rules on accountability on loss of ibid documents also.
I had already arranged one inspection after a long persuation. But the file had been arranged in such a manner that no catalogue, not properly arranged, relevant papers were not there and no file noting also seen. When asked about the reason of it -- simple reply was we are keeping in this manner. What should I do? A.A of that Dept. is realoly the inert fellow and SIC is simplly advicing them to do their job properly. That's all. Is there any remedy ?
Abhijeet WHEN ORDER IS INJUSTICE....
I inspected files also, after a prolong persuation. But point is all the available records kept disorderly. No page marking, proper file noting etc were there. Most important point is that files and records sought foe were missing in that file. When asked, they informrd these are available records, and this is the way how we are maintaining files. I produced two documents which were submitted ( marked with the receiving seal and date )to the Head of that Deptt, but were missing tin the concerned file. No answer was there. Because they know that no body is going to take proper action (penalty or otherwise ) as per RTI Act. There is no incidence of imposing penalty to any SPIO by Our Hon'ble SIC in the Kolkata based Dept .So do whatever you like most ........ Would please comment/suggest something ?--- Abhijeet
I inspected files after a long persuation, following proper procedure. But the relevant file was not at all kept properly,there was no file noting , pages were not numbered and papers were arranged without any proper order. Most vital point is that no important document was available there. I produced proof of some documents which were submitted and should have been kept there , but alas! no sought for documents ! I don't know whether they have destroyed the relevant documents. What action is to be followed, when neither A.A nor SIC is taking any initiative to do the needful so that SPIOs do their work, as needed as per RTI Act---- Abhijeet
I know you are fighting out a difficult case under unfavourable circumstances. Your group can petition to the governor who is the appointing authority of SCIC. Even if that remedy is already exhausted, I think the only other alternative is to take recourse to Art.226 of the constitution and invoke a writ of mandamus.
If the present administrators of your society are those who got themselves elected to the office in some unauthorised manner, then a writ of quo warranto should lie. Better discuss the matter with a competent advocate.
Defeat is not final when you fall down. It is final when you refuse to get up.
it will take some time, but you will enlighten a lot of people in the process.
In such a cituation Iwould follow a different approach viz., From the proofs you have, identify few leters which would have been there but found missing from the files. File a fresh application seeking the information of name of persons responsible for loss of those papers, file notings and any other thing you have observed.