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Thread: Human Rights violation & RTI

  1. Human Rights violation & RTI

    Dear Members,
    I was deprived of wages and now waiting since 1993 for retiral benefits.
    Petitions for wages of various periods, after 7 years of litigation were referred back to the DRM/NR/Lucknow for reconsideration and passing Reasoned & Speaking orders. The DRM in turn again rejected the claims, on flimsy ground.
    Due to paucity of Funds & poor health, fresh petition could not be filed in-time. The Judiciary, instead of bestowing justice, thought it appropriate to reject application for condonation of delay.
    However, matter of retiral benefits is still sub-judice, still after about 15 years.
    To my understanding, this is gross violation by not only the bureaucracy but by the Judiciary as well.
    Refuse under RTI ACT, due to obstinate officers and lenient CIC (in so far as it does not ouright compensate the applicant for not getting proper information even after 1st appeal and forced to spend through nose in filing & pursuing 2nd appeal at Delhi). The CIC does not even impose fine on the erring officials.
    If some of us can take the responsibility of helping the applicants at the CIC, it may prove a boon for them.
    I will appreciate if some one guides me to find out from the Hon'ble Supreme Court, certain critical information as: Is there any policy to avoid such Rights violation? Is there any simple procedure for redressel of such grievances?
    Similarly, does the Central Govt. has any agency to deal such SUB-JUDICE matters and matters declared TIME BARRED by the Judiciary?
    Solicited guidance may help me along with others.

  2. Re: Human Rights violation & RTI

    Now a days it is practice of govt officials to do wrongs [dadagiri] and make the common man run. They know no one is going to pull them up, as the entire system goes against the common man, once he is at the receiving end. Justice is very costly. Filig a writ [first step]costs more than Rs.50000/-in high courts. The officers take advantage of delay in courts and non-accountability. The officers are law and courts unto themselves even after 60 years of independence. They save them at public money against public interest. Why not send a simple letter detailing your problem with available papers directly in the name of Chief Justice of India, with a request to convert it as a writ. You can get free legal help under legal aid scheme of the Courts.Pl visit website of supreme court. RTI will not help U much in this case, except questioing delay for which you can refer my blog under 'If any thing pending.....' head. Alternatively, since the matter pertains to railways, you may write a personal letter in Hindi to Shri Lalu Prasad. It may work if U are lucky.Wish you all good luck.
    It takes each of us to make difference for all of us.

  3. Re: Human Rights violation & RTI

    Dear jps50,
    Thanks for your immediate response. I regret to have caused inconvenience due to the errors in my writing.
    I had submitted to the Supreme Court my appeal in brief (60 pages) in 4 copies, as required, but was not entertained as the Court wanted strictly according to the rules all the judicial proceedings (more than 150 pages) etc. Personal requests were not replied to.
    Free assistance is for the POOR only and I don't fit in the definition. Poor is he, whose income is below a prescribed amount, irrespective of the facts: Income to LIABILITIES/RESPONSIBILITIES ratio. If one has a handicapped daughter, a sickly wife and he himself a patient of waisting disease, having a monthly income of Rs 9,000/-, out of which he has to shell out Rs 4,000/- on monthly rent (Thanks to LDA/Lucknow, who have failed to give possession in the last 20 years, despite Rs 1,50,000/- having been deposited) and spending heavily on costly treatments, is a RICH PERSON.
    Sice it is felt that I am not lucky, my requests to the Rly Minister, PM & the President fell on deaf year. However, I believe in LAGE RAHO, although my whole life has been wasted in contesting 22 cases with IR-my employer.

  4. Re: Human Rights violation & RTI

    Depriving employees of their legitimate rights under the law should be construed as a human rights violation. I am taking up one such instance where out of 325+ employees only 93 are covered under E.P.F. Moreover, the establishment is 9 years old and does not have any Gratuity scheme. Needless to say, the bonus act has also been flouted.

    I am planning to obtain the copies of the balance sheet filed with the ROC and ITO and on the basis of that I am going to file an application under RTI with the EPFO.

    It is high time that we should start using RTI for the benefit of workers who are being exploited by some establishments.


  5. Re: Human Rights violation & RTI

    Good efforts. wish U all the best. V shall be interested in progress.
    It takes each of us to make difference for all of us.


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