Page 4 of 8 FirstFirst 12345678 LastLast
Results 25 to 32 of 62

Thread: SIC, Kerala's Orders accepting Questionnire under 2(f)

  1. #25

    Re: SIC, Kerala's Orders accepting Questionnire under 2(f)


    Point a) could have been worded as .... Whether the HC was approached by the penalized SPIO in her individual capacity or in her official capacity or at the behest of the govt. > File Inspection

    Point b) ....Whether all the expenses in connection with obtaining the stay were met out of the personal funds of the SPIO or from the govt's coffer > File inspection including file notings

    Point c) .....Whether the SPIO has availed any personal leave on the said day to attend the court or was she on duty. > Copy of leave application.


    Ganpat,

    The above queries are still a little bit loaded and opinion seeking.

    Col. perhaps forgot to seek personal file inspection on above issue. There he could have discovered many more hidden informations.

    That's next logical step right now.

    sid

    P.S. It's better to frame standard format on these things so that other members can do the same at their respective states and also at all Central PAs. Hope KARIRA can help us here.


    Last edited by sidmis; 07-06-08 at 03:30 PM.

  2. #26
    Posts
    2,286
    Name:
    Col NR Kurup (Retd)
    Blog Entries
    1
    Rep Power
    37

    Re: SIC, Kerala's Orders accepting Questionnire under 2(f)


    Have a heart You don't expect me to travel to Trivandrum (12 hrs train journey - one way ) and two days stay in the hotel to carry out Inspection ! For the sake of whom ? To wake up the Commission who is pretending sleep ?

  3. #27

    Re: SIC, Kerala's Orders accepting Questionnire under 2(f)


    Sorry Col.

    My geography about "God's own country" is bit out of sync.

    Nevertheless some of the queries need to be modified to plug the loopoholes.

    Apart from that copies of some of the documents must be sought to get a complete picture.


    Sidharth
    Last edited by sidmis; 07-06-08 at 05:26 PM.

  4. #28
    Posts
    44,074
    Name:
    C J Karira
    Blog Entries
    9
    Rep Power
    547

    Re: SIC, Kerala's Orders accepting Questionnire under 2(f)



    Each of the replies that Colonel Kurup has received carries the designation of the Officer. Hence, the approach has been in her official capacity, paid for by the Government and she was on official duty during the court matters.

    Colonel's next step of once again approaching the SIC is correct.
    He can also file another RTI Application with the same PIO and ask for:

    a) Certified copy of rules and regulations which obligate a government officer to get permission from a superior officer to approach a court in his/her official capacity
    b) Certified copy of any sanction given by a superior officer to Mrs........ for approaching the high court to get a stay in....................
    c) Certified copy of any Government rules and regulations, any order,etc.......etc... whereby a Officer is permitted to approach courts in matters where he/she has been personally held responsible for negligence in duty discharged as a public servant.
    d) Certified copy of application made by Mrs.......and the permission granted to Mrs.........for going to court on............(date) in relation to the matter..........................
    e) Certified copy of the log book of the office car/transport or contracted car/transport used by Mrs.........to travel to the court on....................
    If office car or contracted car was not used, certified copy of any application for reimbursement of expenses made by Mrs.....for traveling to court on..........................by any other means of transport
    f) Certified copy of the attendance register of the office showing that Mrs.............attended office on ..................(date)

    ====================

    Coming back to the original question of drafting a general application to find out who is bearing these expenses in all matters where PIO is fined by CIC/SIC will post a general application tomorrow.

    I strongly suggest that applications should be made to each SIC and CIC asking for a full list of penalised officers and whether penalty has been recovered or not. Then following up with the PA (whom the PIO represented) with the general application.

    ===================

    Just one doubt - If a Government car, while on official duty/trip, driven by a Government servant is caught violating traffic rules, then who pays the traffic fine ? The government servant or the Government ?

    (I know that no traffic policeman will ever book a Government Vehicle for traffic violation, but this is a just an example).

  5. #29

    Re: SIC, Kerala's Orders accepting Questionnire under 2(f)


    I strongly suggest that applications should be made to each <ACRONYM title="State Information Commission">SIC</ACRONYM> and <ACRONYM title="Central Information Commission">CIC</ACRONYM> asking for a full list of penalised officers and whether penalty has been recovered or not. Then following up with the PA (whom the <ACRONYM title="Public Information Officer">PIO</ACRONYM> represented) with the general application.
    I have filed a RTI Application to CIC in the above light. But no responses so far.

    As regard to SIC of my state(Orissa), I understand that Commission itself has set an example in monitoring the Penalties imposed.
    But not in the light of what Col. Kurup has done.

    It's upto the members to seek info from each SIC/CIC and also the penalised PIOs.

  6. #30
    Posts
    2,286
    Name:
    Col NR Kurup (Retd)
    Blog Entries
    1
    Rep Power
    37

    Re: SIC, Kerala's Orders accepting Questionnire under 2(f)


    Now Mr.Karira got what I was aiming at. This could lead to a legal battle. Normally, most of the Regulations contain something like Section 21 of the RTI Act - Protection from action taken in good faith. This give protection to any person for anything done in good faith etc etc. Under this clause the public servants avail the government legal machinery and government expense to fight legal battles. But one of the distinquishing factors in the RTI Act is that the PIO in person is responsible for anything done in connection with provision/denial of information under RTI Act. No other enactment have such specific public-friendly provision.

    Due to above provision, the PIO personally being responsible the question arise as to whether the PIO can avail government expense ? The PIO may plead that whatever he has done is in his capacity as PIO in good faith. Under this clause a very good Advocate can successfully establish that the penalty impossed should be borne by government.

    This could be one of the reason for the Commissions remaining shy of awarding penalty. Why the issue has not come up so far is that so far no smart enough and powerful PIO might have been awarded penalty or in such cases the PIOs already might have gone to the court. Only the poor RTI Activists are not aware of this intricacy.

    My personal asessement is that RTI Act is not strong enough to win the case if the PIO is bend upon fighting like my present case. I think She has sustained more than one award of penalty. Anyway, though I donot intend to fight it out in the court, am not leaving it at this stage. The pity is that even the SIC is not cooperating with me when this is his job.

  7. #31
    Posts
    44,074
    Name:
    C J Karira
    Blog Entries
    9
    Rep Power
    547

    Re: SIC, Kerala's Orders accepting Questionnire under 2(f)


    colnrkurup,

    If what you say happens or is already happening, then there is a old Hindi saying:

    Kuan ka mitti kuan mein hi gir raha hai (or something to that effect)

    (The mud from the well is falling into the well itself).

    Citizen applies for information - denied by PIO - penalty imposed by CIC/SIC - Government pays penalty, Government pays advocate, Government pays Writ charges, Government also pays transport charges !

  8. #32
    Posts
    2,286
    Name:
    Col NR Kurup (Retd)
    Blog Entries
    1
    Rep Power
    37

    Re: SIC, Kerala's Orders accepting Questionnire under 2(f)


    Exactly. Someone has to prevent this.

Page 4 of 8 FirstFirst 12345678 LastLast

Tags for this Thread



About RTI INDIA

    RTI INDIA: Invoking Your Rights. We provide easy ways to request, analyze & share Government documents by use of Right to Information and by way of community support.

Follow us on

Twitter Facebook RSS Feed Apple App Store Google Play for Android