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Thread: Raj High court set aside order of Raj SIC

  1. #1
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    M K Sharma
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    Thumbs up Raj High court set aside order of Raj SIC


    Friends,

    Happy to inform I had filed a case (shared in this forum than) against illogical decision of SIC, Raj in 2012. Ultimately yesterday final hearing was done and case was decided in my favour with cost on PIO (Chief Engineer PHED) to be recovered from his salary.

    Brief Summary of my case

    RTI application made to Chief Engineer PHED with IPO.
    PIO returned my application with IPO saying that apply to another PIO.....
    Filed complaint to SIC Raj u/s 18 for refusal to accept and/or transfer of my RTI u/s 6(3)....

    SIC directed me while disposing my complaint, to approach PIO again with in 7 days and also observed that there was no error done by me while submitting my RTI request.

    Ground taken by me in court:
    1. SIC cannot order other than penalty on my complaint (cited Manipur case)
    2. Cited 2 similar cases of same SIC, where in application with fee was returned by PIO to applicant and SIC had noted in his decision that there is no provision in RTI act to return the fee/application, hence PIO was directed to provide information (hence discrimination with me).
    3. Cited Namit sharma case, which bounds SIC and similar tribunals to abide by laws of precedence set by High courts and SC.

    All the points well accepted by learned justice of Raj HC. Soon I will upload copy of judgment as soon as I get it from court.

    Last but not least, I must thank this forum and many stalwarts of this forum who motivated me by their learnings, experiences and their quest for fight for justice.




  2. At least, some members are trying to get things straight through such judgments even on simple matters, without ignoring such SIC violations. Certainly, it helps common man.
    After going through judgment, one has to see it's affect on some CIC decisions, wherein IC decided that applicant has to file application with relevant PIO of that Public Authority only.

  3. #3
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    Attaching newspapers reports on my judgment.

    Awaiting my copy of judgment.
    Attached Thumbnails Attached Thumbnails Raj High court set aside order of Raj SIC-patrika-28-aug-jpg  

    Attached Files Attached Files

  4. #4
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    M K Sharma
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    Please find enclosed scanned copy of order.

    Can anybody help rotating this order and save correctly.

  5. #5
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    M K Sharma
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    find attachment..... unable to attach judgmentm (pdf)......need help

  6. #6
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    Name:
    M K Sharma
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    Re: Raj High court set aside order of Raj SIC


    Find attachment of Judgment in my writ 17123/2012, in the matter of M K Sharma v/s Chief Engineer PHED, Jaipur & Anr

  7. Re: Raj High court set aside order of Raj SIC


    Here is the Synopsis of the case:

    Attachment 14559
    Attachment 14560
    Satyameva Jayate सत्यमेव जयते

  8. #8
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    C J Karira
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    Re: Raj High court set aside order of Raj SIC


    The Judgment referred to in this thread is attached to another post in another thread.

    https://www.rtiindia.org/forum/18127...tml#post436125
    Twitter: @cjkarira

  9. #9

    Re: Raj High court set aside order of Raj SIC


    One more success energize us to fight the corruption/ callous attitude & discriminations by authorities.

  10. Re: Raj High court set aside order of Raj SIC


    As discussed in many times, neither it gives any encouragement nor prevents the callous attitude of PIOs and discrimination by authorities.
    It is like a surgeon doing bye pass surgery of heart, when the patient complains of abdominal pain due to gall bladder stones.
    Wherever appellant is powerful, have perseverance, financially sound, knows HC system and knows to present the case as party in person, most of CIC./SIC decisions can be certainly reversed. Unfortunately appellants lack all these qualities.
    When ICs are having a right attitude, then PIOs must frighten if any one goes for second appeal.
    A time should come when PIOs fear if appellant goes for second appeal, now they challenge us go for second appeal and openly state yes. we know that we are not correct. What is the value of that information after two years, God only knows.
    If the cat is blind, the mouses show it their tail.
    We can only pray God for appointment of those ICs that can make difference and bring a change.
    You may not be knowing, ask our Hon CJK, whether there is discrimination and lenient attitude towards RTI appellants in HC or not.
    Finally back to Karma Siddanta, and luck.
    Whenever there is larger public interest involving funds of more than one crore of Govt, there should be a green channel for settling the case within a month after collecting fees of Rs.10,000/- from appellant, and in case if the decision is in appellant's favour, costs of minimum Rs.25,000/- should be provided through recovery from PIO and the Government can immediately recover the financial loss.

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