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  1. #1
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    RTI rap to cost varsity 4 lakh


    As reported by Amit Gupta in telegraphindia.com on 14 June 2008:
    The Telegraph - Calcutta (Kolkata) | Frontpage | RTI rap to cost varsity 4 lakh

    RTI rap to cost varsity 4 lakh
    - PIO fined Rs 40,000 for withholding information

    Ranchi, July 13: The state information commission has slapped a fine of Rs 40,000 on Ranchi University and its former public information officer for withholding information on RTI applications filed by two professors alleging they had been superseded in promotions.

    In his order, state information commissioner Gangotri Kujur also ruled that the professors, Amitabh Hore and P.N. Pandey, who sought information from the varsity on the method it adopted to determine seniority, be compensated by paying Rs 2 lakh each.

    While the compensation amount was to be borne by RU, Kujur said the fine of Rs 40,000 was to be deducted from the salary of the former PIO, Sudhandhu Kumar Verma.

    Kujur told The Telegraph the university was refusing to answer the queries on frivolous grounds and the PIO was dilly-dallying. “After being denied information by RU’s information cell, Hore approached us in August 2007. We gave RU nine chances to provide the information. But we cannot wait indefinitely. So we took the punitive action,” she said.

    The issue too was serious, Kujur said. “Given that RU has a bad name… seniority is being decided on fake and frivolous grounds by top university officials from time to time for decades in lieu of nepotism and financial kick-backs,” she added.

    At the centre of the professors’ query was the 2005 promotion of K.N. Dubey as head of the postgraduate zoology department. This was challenged by the two, both in the same department, in 2006 alleging they had been unfairly superseded as they were senior to Dubey.

    Before that, Pandey had approached Governor Syed Sibtey Razi’s office — the RU chancellor — on September 29, 2005. Later, he moved the Jharkhand High Court even alleging that Dubey’s recruitment as teacher in 1973 was through unfair means. The court, however, referred the matter back to the chancellor.

    Both Hore’s and Pandey’s querries to RU centred around whether the chancellor’s rules had been adopted to judge seniority — known as the substantive date of appointment as recommended by the state service commission.

    They also sought to know how the name of a teacher was allegedly “interpolated in the list of teachers supposed to be appointed temporarily by the then vice-chancellor in 1973”.

    RU teachers welcomed the information commission’s ruling in their favour. “Different standards were being adopted in promotion of teachers,” rued a senior professor demanding a thorough inquiry into the matter.

    While Hore and Pandey may have got the information commissioner on their side, their dispute with the university was far from over. The chancellor’s office is yet to rule in the matter.







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    Re: RTI rap to cost varsity 4 lakh


    A Very good precedent.

    A Record of sorts ?
    Last edited by sidmis; 14-06-08 at 08:19 AM.

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    Re: RTI rap to cost varsity 4 lakh


    Such decisions will make others take RTI seriously and common man will be benefited. It will improve system of the public authority. Nice to have such decisions. Hats off to SIC.
    It takes each of us to make difference for all of us.

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    Re: RTI rap to cost varsity 4 lakh



    14.06.2008
    This is an excellent order / Judgment of the Bihar Chief Information Commission.
    But in Gujarat though Mr. R.N.Das IAS, Chief Information Coimmissioner has passed sevral land mark ang historical orders / Judgments in favour of RTI applicants against the State og Gujarat ant its IAS bureaucrats, but he is not giving any orders / Judgments in my case related to the Vadodara Mahnagar Seva Sadan Vadodara and the Revenue department of state govt. He has heard the appeals and both the parties in October 2007 but till date not giving any orders / Judgmrnts. The reasons are best known to him only. My all the applications are of Public interest only and nothing for any personal complaint. If he will dispose my applications, he / I feel it will expose the rampant corruption going on in the Municipal Corporation of Vadodara. Mr. R.N.Das IAS was the Municipal Commissiner of Vadodara from 1995 to 1997. My quires of my RTI Act 2005 is related from 1995.
    I request through this column to request Mr. R.N.Das SGCIC to pass orders in my pending applications for which I will be highly thank full to the Hon'ble Information Commission of Gujarat.
    Dr.R.K.D.Goel

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    Re: RTI rap to cost varsity 4 lakh


    Quote Originally Posted by Dr.R.K.D.Goel View Post
    14.06.2008
    This is an excellent order / Judgment of the Bihar Chief Information Commission.
    Hello Dr.R.K.D.Goel,
    This decision is from Jharkhand Commission. Not from Bihar.
    I hope decision like this comes out more frequently and also from other SICs and CIC too.
    It's the states like Jharkhand and Gujarat who are leading the other states in imposing exemplary Decisions / Penalties. Worth Emulating.

    In Gujarat only one commissioner is appointed. So you have no choice there. Otherwise you could have prayed for shifting of your case to some other commissioner.

    Sidharth
    Last edited by sidmis; 14-06-08 at 02:29 PM.

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    Re: RTI rap to cost varsity 4 lakh


    Re, state information commissioner Gangotri Kujur also ruled that the professors, Amitabh Hore and P.N. Pandey, who sought information from the varsity on the method it adopted to determine seniority, be compensated by paying Rs 2 lakh each.
    Has the SCIC power to grant compensation to the applicant u/ RTI Act

    Re-Pandey had approached Governor Syed Sibtey Razi’s office — the RU chancellor — on September 29, 2005. Later, he moved the Jharkhand High Court even alleging that Dubey’s recruitment as teacher in 1973 was through unfair means. The court, however, referred the matter back to the chancellor.
    I feel both the High court and chancellor abdicated their responsibility. and the power used by the SCIC is ultra vires the ,Act.

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    Re: RTI rap to cost varsity 4 lakh


    Has the SCIC power to grant compensation to the applicant u/ RTI Act
    Yes. It's allowed.

    See Section 19(8)(b) of RTI Act which reads as follows.

    (8) Require the public authority to take any such steps as may be necessary to secure compliance with the provisions of this Act, including—

    * * * * * *

    * * * * * *

    (b) Require the public authority to compensate the complainant for any loss or other detriment suffered.
    Last edited by sidmis; 14-06-08 at 03:15 PM.

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    Re: RTI rap to cost varsity 4 lakh


    14.06.2008
    I will cortrect that in place of Jharkhand I wrote Bihar.
    Question of shifting the Gujarat Information Commissioner Mr.R.N.Das IAS does't arise. He is passing good orders also. But he is handicaped ashe is too much shortage of office staff. Mr. Das wrote all the Judgments himself. I came to know that he work upto 2 AM.
    The Gujarat Govt. is not appointing another Information Commissioner and staff though the posts are sanctioned in September 2007.
    Gujarat IAS bureaucrats have not even cancelled the GAD RTI Cell circular dated 14.11.2005 not to give File notings.
    Committee of three Secretaries are appointed two years earlier wheather to cancell the Ciurcular dated 14.11.2005 but no decesion taken despite so many orders of CIC and other States CICs that FIL NOTINGS is the part of a File.

    I don't blame Mr. R.N.Das IAS, GSCIC. He was the bureaucrats of the Gujarat govt before his appointment as GsCIC by Mr. Modi. Mr.Das has to favor some of his old colleagues bureaucrats. He is known to be a very soft personality.

    In my case he is under pressure notto pass orders. I ask only what action the state taken in Hon'ble Gujarat High Court orders to remove the encroachments from the water bodies of Vadodara. As the Vadodara Municipal Corporation failed to obey the court directives due to which Barodians are suffering due to logging of rain water mixes with sewerage in their houses every year. The Government shielding the VMC officers not to fix the responsibility of VMC bureaucrats / Collector Vadodara.
    Dr.R.K.D.Goel

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