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  1. #9
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    Re: Chandigarh Admin amends RTI Rules, 2005


    R K Garg,

    Unless that officer is clearly holding "dual charge" permanently, I do not think that a officer from the Home Department can be designated as a CPIO of another department (Office of Administrator). Just think about it logically:
    Can the Finance Ministry designate a CPIO, who is the Joint Secretary, Ministry of Home ?

    Although the RTI Act does not state anything clearly, but a plain reading of the Section 5 indicates that the CPIO must be from within the same PA.

    Even if the officer is holding permanent dual charge, there is a issue of impropriety in being CPIO in one PA and a AA in another.

    Why don't you try to "complain" to the CIC, since the matter is still recent ?
    ===============

    Regarding Name Board indicating name/address/contact details of CPIO and AA, residential address need not be indicated.

    As per Sec 4(1)(b)(xvi) read along with Sec 4(3), 4(4) and the "explanation" at the end, this information has to be on a notice board.
    Further Sec 26(2) and 26(3)(b) make it obligatory for the "appropriate government" to publish such information at regular intervals in a "guide" or "booklet" for all Public Authorities under it.
    ================

    Since I have been regularly insisting about this with every Public Authority I visit, I have a ready made RTI Application, First Appeal (in case of no response) and Second Appeal to CIC on this subject.
    The same is attached for your reference or use.
    I am attaching all the three formats, because from my experience, a RTI Application on this subject will never be replied to by the PIO and the AA will also not do anything. So you will have to finally go to the CIC/SIC.


    › Find content similar to: CIC reserves order on UT administrator


    Attached Files Attached Files

  2. #10
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    Re: Chandigarh Admin amends RTI Rules, 2005


    Sir,
    What is PA.Is there any other case where an officer is holding duel charge of CPIO and Appellate Authority.

    R K Garg

  3. #11
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    Re: Chandigarh Admin amends RTI Rules, 2005


    PA - Public Authority

    CPIO and AA cannot be the same person in a Public Authority.
    In your case CPIO in one PA is a AA in another PA.
    As explained in post #17 above, that looks very improper to me.

  4. #12
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    Re: Chandigarh Admin amends RTI Rules, 2005



    Sir,
    Of course Joint Secretary Home is CPIO in one PA(Offic odf administerator) and AA in anoter PA(Home Deptt) of UT.THis JOint Secretary represente the case of Administerator before the CIC and argued that office of Administerator does not exist as such and all the matter and papers are dealt at Home Deptt.level as suc h there is no requirement of a seperate CPIO but CIC did not agree and by a Order dated 13.5.2008 ( in the case of UT Administerator vs Hament Goswami case,available on official site of CIC) CIC ordered that a seperate CPIO may be appointed.In pusuation of the order Joint Secretary Home has been appointed as CPIO but this Joint Secretary is also working as AA to PA ( Home Deptt) and if it is also agreed that all the papers of administerator are lying and dealt with at Home Deptt than thi sofficers becomes CPIO and AA for the same authority.
    One more thing ,the AA of office of Adminsterator is a secretary to Governor of Punjab (Governer of Punjab is also Administertor of UT) as such an emlployee of Govt of Punjab.It means that a officer of another PA i.e.Governer of Punjab and another state has been appointe as AA of matters concerned with UT to which he does not belong.

    THe whole issue lacks transparency and as rightly put up i your earlier replies "a improper action".

    I have discussed with local press also.They being the beat correspondence are not able to high light the issue for obvious reasons.I made up my mind to make a complaint to CIC but not sure of my firm footing.

    Will you please advise me on the issue

    R K Garg

  5. #13
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    Re: Chandigarh Admin amends RTI Rules, 2005


    In case one CPIO of one Govt. Department is made AA afterwards in that department -- then who will act as AA of that department with respect to the earlier RTI applications submitted to the PIO ( who is now the AA of that Department ) . It should not be proper for the same person to hear appeal cases pertaining to those applications, received by him as PIO and furnished information subsequently.

  6. #14
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    Re: Chandigarh Admin amends RTI Rules, 2005


    Please send detailed reply

    R K Garg

  7. #15
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    Re: Chandigarh Admin amends RTI Rules, 2005


    Quote Originally Posted by abhijeet View Post
    In case one CPIO of one Govt. Department is made AA afterwards in that department -- then who will act as AA of that department with respect to the earlier RTI applications submitted to the PIO ( who is now the AA of that Department ) . It should not be proper for the same person to hear appeal cases pertaining to those applications, received by him as PIO and furnished information subsequently.
    Similar situation already faced before. I have made a post about it but cannot locate it now.
    Maybe some legal expert can throw light on its impropriety...lets say a lower court judge hears a case, decides and then the appeal is before him in the higher court. What is the precedent ?

    Quote Originally Posted by R K Garg View Post
    Please send detailed reply

    R K Garg
    Is it regarding the CPIO and AA matter ?

    If yes, the best solution seems to be a complaint to CIC under Sec 18

  8. #16
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    Re: Chandigarh Admin amends RTI Rules, 2005


    A judge in the lower bench can not hear any appeal case against his judgment afterwards becoming one member of the Division Bench . This is simply unethical .
    But in this connection I would like to mention one interesting episode of High courtcaes. One Single bench judge in one of his jedgment ordered something against some corrupt persons. The judgement was challenged in the Division Bench by those corrupt persons. Appeal was rejected . One SLP was moved by them in the Apex Court. The SLP was also rejected. The original verdict of that single court judge was upheld by the Apex Court.
    Then a very interesting matter was seen in the High Court. A set of person of those Corrupt persons against whom the verdict was given filed a new case in the same matter and this time also in the bench of that particular single Bench judge. Interesting judgment was given by the single bench judge this time-- and that was just opposite of his own previous ORDER ; this time the judgment was in favour of those corrupt persons.
    But the point is that He can not go against the Division Bench's order as well as that of the single Bench. But oue popular Government Department nicely followed the latest ORDER of the same single Bench judge ( because it was in favour of the corrupt persons; (is it not the fundamental right of the govt department to help the corrupt ?)
    After a prolonged battle in the court we could midify HIS new judgment , only after a period just 12 years and lots of sufferings! and we are still suffering - as the environment is always in favour of corrupts- the administration , the leaders, etc etc.
    I did not mention those famous names , if any body interested I will be glad to inform in p.m.

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