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Thread: RTI losing its teeth in Uttar Pradesh?

  1. RTI losing its teeth in Uttar Pradesh?


    Hi,

    I'm an architect from Delhi. When a couple of my clients started behaving strangely and started playing tricks, I needed to approach Greater Noida Industrial Development Authority [GNIDA]for information I needed so that I could make my clients fall in line and compensate me for the services I had given them. After a few visits to the GNIDA when I was not able to get the information I was looking for, I was more than convinced that GNIDA was hand in glove with my clients and I would have to file an RTI application to get the information.

    I filed two separate applications [for two separate cases]way back in March 2007. In response to one of the application, GNIDA provided information [which were evasive incorrect and incomplete] on an undated plain sheet of paper unauthenticated by the official entrusted for providing information.

    In the other case, GNIDA never bothered to respond to my other RTI application for well over 60 days.

    I brought the matters to the notice of the Uttar Pradesh State Chief Information Commissioner [UPSCIC], who after hearing my plea:

    1. Ordered the PIO/ CEO of GNIDA to depose before the Commission. The CEO/ PIO never bothered to appear.

    2.The UPSCIC issued fresh orders to the CEO/ PIO GNIDA to appear before the commission and warned the CEO/ PIO that in case the CEO/ PIO failed to represent GNIDA, in person, it would be assumed that GNIDA had nothing to say in defense and punishment awarded.

    3.This time too the PIO/ CEO did nothing to present himself before the commission. At this stage, the UPSCIC transferred the case to another retired Judge for hearing. The new judge after getting himself aquanted with the matter issued a fresh order asking the CEO/ PIO to depose in person before the commission, failing which punishment would be awarded. But, like all occasions earlier, the CEO/ PIO of GNIDA did not attend the next hearing too.

    4.I thought that a decision would materialise in the said hearing, but it was not to be. The new Judge advised that I should write once again to the CEO citing the instances of misinformation and the irregularities in the case along with all evidence I had. The letter was sent to the PIO/ CEO, but, CEO/PIO has not bothered to reply to the letter.

    What puzzles me to no ends at this juncture is ...

    1. Is the CEO/PIO GNIDA above the Law and can be so nonchalant to the Commission and its orders?

    2. Dates after dates has dragged this case for almost 9 months now and the information which I had asked for, even if provided now is of now use since I fear its too long now to approach other appropriate forums to book my clients.

    3. The Case has resulted in considerable losses to me in terms of time, energy, professional dues and expenses arising out of the litigation. I've mentioned this in every one of my petitions so far. Is the Commission empowered to award suitable financial compensation to me from the persons at fault on the above grounds?

    I'm afraid, since the cases are sub-judice, I'm not in a position to divulge further details. however, the case is scheduled be heard next week, I'll be grateful if your members can throw some light/ guide me suitably.

    Thanks in Advance
    Sunaabh.



  2. #2
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    C J Karira
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    Re: RTI losing its teeth in Uttar Pradesh?


    I suggest that you should once again file a complaint to the UPSIC.
    This time please be a bit more forceful in your "plea" or "prayer" (after giving the full chronological history of the case with dates):

    "In view of the continuous refusal of the PIO/AA/PA/CEO to either give me information or to reply and act upon the orders of the UPSIC, my plea to you:
    - Impose Penalty of maximum amount of Rs 25,000.00 on the PIo and other officers responsible for this delay and callousness
    - Recommend to the administrative head of the PA, to take the strictest disciplinary action against the guilty officers as per present rules and regulations for dereliction of official duties including but not limiting to entry in their Annual Confidential Reports, demotion, punishment posting, withholding of future increments, withholding of future promotions, etc....
    - Issue notice to the PIO/AA/CEO to show cause as to why they should not be prosecuted under Sections 176, 177, 186, 187, 188 and 228 of the IPC
    (please see https://www.rtiindia.org/forum/2454-c...e-notings.html)

    The other thing you could do is to file a RTI Application with the UPSIC itself and ask for information as to what is the UPSIC doing about PIO's and AA's not abiding by the commissions orders.

  3. Re: RTI losing its teeth in Uttar Pradesh?


    Hi Kariria,

    I'm extremely thankful for your inputs... willdo as you say...
    thanks again.

    Sunaabh

  4. Re: RTI losing its teeth in Uttar Pradesh?



    1. There are Commissioners in UP SIC, who act according to Law and ensure harshest action against the defaulters, while others just fill in the blank.
    2. Yes. There is provision and Dr Kejriwal at CIC had ordered for compensation to me.
    3. The IC, on getting an appeal, should ask for REPLY from the answering officer and a rejoinder from the Applicant. After study, if it is felt that a hearing is justified, the AO should be asked to pay to the applicant an amount equal to Fare, Lodging & Fooding and Earnings of the applicant of as many days as he spends in attending the IC.
    4. The IC should have powers to issue arrest warrants in such obstinate cases, like which I too have experienced, where AO belongs to LDA/Lucknow, but I could sustain, being a retired person and residing at LUCKNOW.
    aamaadmi

  5. Re: RTI losing its teeth in Uttar Pradesh?


    Sir, Thank you very much for this valuable feedback... this ray of hope comes in at a juncture when I had almost lost all hopes... Unless you feel I'm going overboard, will it possible for you to kindly share more details about the case such as the case number and the ruling etc so that I may be able to quote if needed. I'm slated to be heard the day after tomorrow.
    Thanks in anticipation
    Sunaabh.

  6. Re: RTI losing its teeth in Uttar Pradesh?


    Quote Originally Posted by karira View Post
    I suggest that you should once again file a complaint to the UPSIC.
    This time please be a bit more forceful in your "plea" or "prayer" (after giving the full chronological history of the case with dates):

    "In view of the continuous refusal of the PIO/AA/PA/CEO to either give me information or to reply and act upon the orders of the UPSIC, my plea to you:
    - .........
    - Recommend to the administrative head of the PA, to take the strictest disciplinary action against the guilty officers as per present rules and regulations for dereliction of official duties including but not limiting to entry in their Annual Confidential Reports, demotion, punishment posting, withholding of future increments, withholding of future promotions, etc....
    - I.......... https://www.rtiindia.org/forum/2454-c...e-notings.html)

    The other thing you could do is to file a RTI Application with the UPSIC itself and ask for information as to what is the UPSIC doing about PIO's and AA's not abiding by the commissions orders.
    Hi Kariraji,

    I'll be grateful if you clarify the points above highlighted in red. In my cases, its the Admin. Head, the CEO an IAS officer himself who is the person who is not abiding by the Commissions orders... what do I do in this case... pray to the commission that it orders the UP Govt. to initiate necessary disciplinary/ departmental action? If so, how do I word the prayer? [In fact I've already done so in my earlier petitions but without any results.

    the second point is how and where can I file RTI application for information originating from the CIC's office? Actually I had in one of my correspondences to the UPSCIC, formally requested the office of UPSCIC to provide me copies of the orders issued to CEO/PIO GNIDA in relation to my case this time again with out any response from the UPSCIC's office.

    I have about 24 hours with me to pack bags before leaving for the hearing and I shall be extremely grateful for all/ any information from anyone in this regard.

    Thanks,
    Sunaabh.

  7. #7
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    Name:
    C J Karira
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    Re: RTI losing its teeth in Uttar Pradesh?


    1. Since in your case the administrative head of the PA (Public Authority) is itself not obeying the RTI Act and orders issued by the commission, you can rephrase that as:

    Recommend to appropriate authority controlling the PA, to take the strictest disciplinary action..................
    They must be reporting to someone....

    2. UPSIC is itself a Public Authority as defined under the RTI Act.
    It will have a PIO and a AA designated/nominated for this task.
    You can apply to the PIO of UPSIC, like you make a normal RTI
    Application (under UP Rules) and address it to the PIO, UPSIC......
    On its website: *¤‰0*¤ª*¥*¤°0 *¤°*¤¾*¤œ*¥â€*¤¯ *¤¸*¥‚*¤š*¤¨*¤¾ *¤**¤¯*¥‹*¤— under the link "sampark karen"
    the details of the PIO and the AA of UPSIC are given.

    Probably the previous communication to UPSIC was a ordinary letter and not a full RTI Application, hence they did not reply.

    You can ask for the certified copy of orders also under the RTI Act.
    In any case certified copies of the SIC orders should be given free of charge to the parties concerned. Did you not get one ?

  8. Re: RTI losing its teeth in Uttar Pradesh?


    Quote Originally Posted by karira View Post
    1. Since in your case the administrative head of the PA (Public Authority) is itself not obeying the RTI Act and orders issued by the commission, you can rephrase that as:.......

    Probably the previous communication to UPSIC was a ordinary letter and not a full RTI Application, hence they did not reply.

    You can ask for the certified copy of orders also under the RTI Act.
    In any case certified copies of the SIC orders should be given free of charge to the parties concerned. Did you not get one ?
    Thank you so much for the prompt response... Regarding the Certified copies of the order, yes mine was an ordinary but speed post sent letter a reply to which was my expectation. No certified copies were provided to me. I enquired about this in a generalised manner, with a court staffer and some other petitioners who had assembled for the hearings and I was told that it is the party on whom the orders are issued, who get the copies of the letter not the petitioners... [sounded unusual to me... even more unusual is the fact that I do not get any formal written intimation of the hearing dates.... the dates are intimated verbally by the Judges PA at the end of each hearing....]

    thanks again,
    Sunaabh

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