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Thread: CIC directs PIO to file case against Appellant

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    Re: CIC directs PIO to file case against Appellant


    jps50, karira and colnrkurup,

    I agree with you all. Such, decision is definitely deplorable. The IC shoudn't have heard the case.



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    Re: CIC directs PIO to file case against Appellant


    What the IC failed to state in the decision was that the Appellant Dinesh Gohel was a private contractor with the same Public Authority. He had only resorted to the RTI to settle scores as he had lost a contract.

    (2) The Appellant had filed a First Appeal, but refused to attend the proceeding. The AA had come all the way from Delhi to hear the appellant. Call letters were sent several time to the appellant. The phone calls followed. There is nothing wrong with telephone calls. Since we use emails & FAX as valid form of communication, this can also apply to telephone calls as well. The appellant had admitted to these calls. So what was his problem?

    (3) During the hearing, the appellant was requested several times by the IC, to produce which of the vouchers were duplicate. He could not. Probably there were none. The entire set of vouchers are available in the CIC and anybody is free to check it out himself / herself before jumping into conclusion.

    (4) The incident too place on 2nd January, 2008 and the decision has been announced only recently. Surely, the CIC must have consulted a battery of Supreme Court Lawyers and Legal Advisors before pronouncing the decision.

    (5) Maybe some of you are right about the moral grounds mentioned above. I also second Col Kurup about "not agitating against his CIC's (Management) Regulation 2007". I too had an unsatisfactory proceeding dealt with by the same IC, but that not a reason for me to disagree with his decision every time. I had expected a harsher decision, since the appellant had shouted that he will approach High Court, Supreme Court etc. when he charged out of the chamber. Its time we look at CIC decisions with an open mind.

  3. #11
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    Re: CIC directs PIO to file case against Appellant


    I fully agree with Mr. Manoj Pai that in this case the appellant might have used RTI to settle his score. So what ? Money may not be a problem for him. This is evident from the fact that the information he has obtained on incurring huge payment was thrown away by him.

    But it does not answer querries at my posting No.8. Now if the appellant can approach the Court with enough financial backing, Mr.IC will be in trouble. It is high time for persons like Dinesh Goel to enter the field lest the Information Constabularies take WE THE PEOPLE OF INDIA for a ride.

  4. #12
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    Re: CIC directs PIO to file case against Appellant



    Manoj,

    One of the objectives of the RTI Act is to bring in transparency in public dealings by the Government.

    As such, even a contractor or for that matter a thief, a convict, etc have a right to information.

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    Re: CIC directs PIO to file case against Appellant


    (4) The incident too place on 2nd January, 2008 and the decision has been announced only recently. Surely, the CIC must have consulted a battery of Supreme Court Lawyers and Legal Advisors before pronouncing the decision.
    Moral grounds apart, the very fact that ICK has taken so many days to deliver this judgment gives an impression that the IC was in a quandary to give this order. The battery of Supreme Court Lawyers and Legal Advisors could not have arrived at an unanimous conclusion. There has to be major differences. Hence this delay and convoluted decision.

    That's probably why the PIO was instructed to file the case against the appellant. It is another pointer to the shaky ground on which this decision lies.

    It's surprising that why the PIO (who is from Ahmedabad) should file a case on behalf of the Commission when the incident itself happened in New Delhi.

    It's left to be seen whether the PIO is bound by the order of the IC to file a case and it's outcome.

    As regard to the appellant's Motives & Actions I don't want to discuss it in this forum since he is not here to defend himself. He might have a diferent story to tell.

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    Re: CIC directs PIO to file case against Appellant


    What distinquish the RTI Act from all other enactments is its appellant- friendly character. Except the CIC's (Management) Regulations 2007 and certain State's Rules increasing the degree of difficulty the Act does not impose any threat on an appellant. Even if we attribute all the blames including misbehaviour to the appellant, the Act does not permit the CIC to initiate a criminal charge against the appellant. The above orders of the CIC cannot be allowed to set a precedent and need quashing.

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    Re: CIC directs PIO to file case against Appellant


    This is the most unfortunate incident which should have never happened.The Information Commissioner holds the quasi judicial powers and he is there to decide the case.He cannot work beyond the statute of the law.Moreover expressing the anger and passing the order beyond the framework of law simply causes damage to the act.He cannot aid or abet someone to file a complaint. If the place of occurrence is the office of the Information Commissioner, it is he who has to file the complaint in the court of law. The element of anger or "KRODH" should not be there in a judicial officer. He has to act in a balanced manner. In our country most of the important posts have been created to rehabilitate the JI HUZOOR type of bureaucrats who have the ability to please both the sides. Most of our Information Commissioners are selected from the retired group of bureaucrats who are in their advanced age and neither physically fit nor mentally alert.They loose temper making a mockery of the law as Mr.kejriwal did. Why Mr Kejiriwal forgot the Newton's third law that every action has equal and opposite reaction.What will happen if the other person also filed a case against Mr Kejriwal for misbehaving and working beyond the legal framework? After all fuming and passing unsavoury remarks is not the part of discharge of the duty by Mr Kejriwal. He has shown the dangerous way which may boomerang and can create an unhealthy atmosphere.Mr Kejriwal under the garb of Information Commissioner cannot evade his responsibilities and advice in his official capacity to the PIO to file a complaint or case.He has abused the process of law and his chair by going against the spirit of the law.Our legislators while framing the law must have thought about the common citizen and their woes in getting the information from government offices in the prevailing systems of work culture which is burdened with corrupt practices. They knew that adequate protection was required to the citizens and hence they did not include any provision in the law for the prosecution of the information seekers. The Information Commissioner by doing so has caused insult to our Constitution.Black sheeps are always there who may misuse the RTI act but the lone act of one or two persons cannot outweigh the interest of several lakhs citizens. adil

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    Re: CIC directs PIO to file case against Appellant


    CIC is wrong in directing to file Criminal Complaint to PIO/FAA.Any offence attracting criminal proceedings perticularly of nature like contempt of court or though facts not clear ,it seems un- shabby behaviour of appellant may be due to his impatience ,in judicial proceeding has to be filed by CIC u/s 195 read with s.340 of Cr.PC 1973.Further if any body is agrieved ,one is free for him to file complaint to Police or lodge a complaint case before Magistrate and law shall take its own course .It is not understood why CIC is directed or instigated so to PIO/FAA ,that is totally undesirable.
    In one of court proceedings a petition personal in nature filed by me self ,was kept pending by the presiding judge telling me that the proceedings have been stayed further under directions of High Court I can'tdo anything in the matter,I asked immediately Sir,so should I file this petition in High Court?He told me it is upto you, the court does not give directions or suggesstions it simply decides.Such directions by CIC is certainly worong in view of same.
    Fellow members may be correct be his love and affection for the qorganisation he worked for errupted in spontanity.Moreover CIC should have a through grounding of IPC and Cr.PC before embarking upon statements like file a complaint to CJM/CMM etc.

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