Fwd: Information regarding Human Rights Violations by CPIO- HPCL
<TABLE style="WIDTH: 100%" cellSpacing=0 cellPadding=0><TBODY><TR><TD class=cbln>From: pankaj khanna <email@example.com>
Date: 26 Feb 2007 07:14:15 -0000
Subject: Fwd: Information regarding Human Rights Violations by CPIO- HPCL
Great job indeed! This is the right thing to do at the moment. CIC is really the biggest enemy of RTI movement.I wish i was there to support you in my extremely limited capacity. Having some problems due to an injury, so unable to travel and move. I want to share the last second appeal sent to the CIC. The same is forwarded. The annexures are enclosed in the zip folder. Have also sent a complaint to the President u/s 14 against Ansari.Also sending complaint to NHRC agaisnt Ansari against his abetment in the crime of human rights violations by not calling me for hearing in any of the 16 appeals pending with him for a varying period of 1 to 14 months.Kindly circulate this email to all friends doing wonderful job in the field of RTI ,if you find it ok. Regards. Please keep it up!!!
Reproduced below please find the second appeal dated 19/2/07 against the denial of information by the CPIO –HPCL Shri L.M.Motwani misusing Section 8 (1) j on the subject of repeated issuance of hate emails against the Petitioner by the HPCL Officials , including the CPIO himself, since May 05.
All that the Petitioner wants to know is the action taken by the Management of HPCL against the senders of the hate emails from the email system of the Corporation but the CPIO and the AA- HPCL consider even such information as 'Personal Information' and have refused to provide the information. In fact, this is not for the first time that the CPIO/AA have refused to provide the information misquoting section 8 (1) j. They have disposed off 16 requests
for information, in the last 15 months, on the subject of (a) Corruption/Misuse of Office, and (b) Human rights violations; misusing Section 8 (1) j ,with total impunity from penal action from CIC, as a straight jacket formula to cover up their acts of Omissions and Commissions. For details, kindly see the second appeal dated 19/2/07 or any other second appeal pending with the CIC. All the Enclosures of the Appeal 19/2/07 are enclosed in a Zip folder named 'CIC'.
Hard copies of this Appeal are being sent today itself to Shri P.K.Gera – Registrar – CIC for an earlier hearing on the matter in the letter and spirit of the RTI Act – especially the preamble of RTI Act which lays special emphasis on transparency and accountability.
Respected Sirs and Madam, Kindly consider this appeal as SOS as it is about human rights violations and indeed it is a matter of right to life (which means to be allowed to live with human dignity) and liberty. The Petitioner may please be heard by the full bench of the Commissioners, in view of the facts mentioned in the Appeal, before disposing off the Appeal routinely on the basis of ex parte decisions.
Chief Information Commissioner and all Information Commissioners
Central Information Commissioner
Block No.4 (Fifth Floor)
Old JNU Campus New Delhi 110067
Subject: Matter of Human Rights violations. Appeal under Sec 18/19 against CPIO-HPCL. Kindly grant an opportunity of the hearing please. (PK/HPCL-16).
Respected Sirs and Madam,
The Petitioner has yet again been denied information under the Section 8 (1) j by HPCL Authorities on the subject of repeated issuance of hate emails (Enclosures B, D, E, and F) by the HPCL Officials from their email system in violation of the Human Rights of the Petitioner. The Commission is requested to kindly have a look into the Background of the case to appreciate the facts in the right perspective from the RTI Angle.
Background: The Petitioner is a Conscientious citizen who has always been a performing Officer and has received 19 appreciation letters from 1984 to 2000 before Blowing the Whistle on HPCL. The Petitioner has been fighting most unsuccessfully for the last six years against Corruption/misuse of Office. Consequently the Petitioner has been facing the wrath of the Management of HPCL ever since he sent the Petition to DPG/Ministry of Petroleum in Dec 03 for the Redressal of the Grievances arisen due to Corruption/Misuse of Office. The matter was also taken up with the CVC through Public Interest Disclosure Complaint dated 4/8/04 under the whistle blowing mechanism introduced by the GOI at the instance of the Hon'ble Supreme Court. However instead of getting relief, the Petitioner is being
victimized relentlessly and most inhumanly. The Petitioner has not been allowed to work in HPCL since Aug 04 end despite representations sent to all concerned in the Executive/Bureaucracy. The HPCL Authorities issued vindictively a Charge Sheet in March 05 against the only but fabricated Charge of 'unauthorized absenteeism' with effect from 28/2/05 to cover up their acts of Omissions and Commissions and have started distributing derogatory hate emails against the Petitioner from its email system to all employees of the Corporation since May 05; which is the main subject matter of this second Appeal.
The Petitioner saw a ray of hope with the enactment of the RTI Act in
October 05 and has requested for Information from HPCL through several applications under RTI Act on basically two issues: (a) Human rights violations of the Petitioner since 2003 (like not allowing to work, non payment of wages, non –payment of bonus/Productivity Incentive, reimbursement of expenses and most importantly the repeated ferocious attack on the dignity, honor and reputation of the Petitioner through hate emails from the email system of HPCL since May 05) ; and (b) Corruption/misuse of
Office in HPCL since 2001.
However, the CPIO's/AA of HPCL have rejected all these applications most irresponsibly u/s 8(1) j without giving the desired information. Total 16 Second appeals have been sent to the CIC separately in the last 14 months regarding denial of information on the above two basic issues. Out of these 16 appeals, six have been rejected by the Commission out rightly without considering the documents submitted by the Petitioner and the remaining 10 are pending with the Commission for a varying period of 1 year to one month.
What is most objectionable is that the Commission has not provided any opportunity of hearing to the Petitioner till date in any of the 16 cases reported to them so far despite the assurance given by the CIC Shri Wajahat Habibullah during personal Discussion on 31/10/06 in his Office. A petition dated 13/9/06 had also been sent to the Commission in larger Public interest which too is pending for a long time now. As the Petitioner had exhausted all the options available in the Executive to fight against the menace of Corruption in HPCL; he had resorted to seek information hoping naively that at least CIC will help a hapless and powerless citizen in the fight against Corruption/misuse of Office in the light of the preamble of the RTI Act.
Further details about the fight can be found from any of the several CD's submitted to the Commission.
The Facts about the denial of Info by the CPIO on repeated hate mails are as below:
(1) An application dated 18/12/06 (Encl A) was sent to CPIO HPCL Shri
L.M.Motwani, who himself is the sender of the hate email dated 5/5/05 (Encl B), for very specific information under Section 7.1 of the RTI Act about repeated issuance of hate emails from HPCL Authorities in the months of Oct to Dec 06. The information requested was to know the action taken by the Corporation against the senders of the hate emails as per their own Circular dated 8/5/05 (Encl C). This is to submit that the repeated issuance of such
hate emails is a matter of human rights violations and hence matter of life and liberty under Section 7.1 of the RTIA which flows from the Article 21 of the Constitution. Copies of a few subsequent and self explanatory hate emails sent to 11000 employees of the Corporation from email system of HPCL are enclosed herewith for the records of the Commission as Encl D, E and F respectively. All these emails have been issued from the high ranking Officials of HPCL from their own mail boxes granted to them through email system of the Corporation. All these emails have damaged the honor and reputation of the Petitioner.
(2) The CPIO –HPCL refused to provide any information vide his letter dated 2/1/07 (Encl G) maintaining that the information requested is 'Personal Information' and that it is exempted under Section 8(1) j of the RTIA.
However, the CPIO did not advise the grounds on which he considered the information requested as 'Personal Information' though as per the RTIA the onus is on the CPIO to prove that the desired information is indeed exempted. In nut shell, he simply and casually rejected the request to cover up his and others' grave crime of spreading hatred and contempt against the Petitioner through the email system of HPCL.
(3) First appeal dated 8/1/07 (Encl H) was sent to the Appellate Authority Shri V.Vizia Saradhi against the decision of the CPIO. The Appellate Authority Shri has also refused vide his order dated 17/1/07 ( Encl I) to provide the information and has regarded the information requested as the 'Personal Information' exempted u/s 8 (1) j. While he has refused to provide the information about these hate emails which have been generated in the months of Oct to Dec 06; he has also referred to the CIC Decision dated 14/3/06 that he himself has not complied with till date in the last ten months.
Shockingly, he is considering the decision dated 14/3/06 of CIC,
which is silent on the hate email dated 5/5/05 (Encl B), as a kind of
authorization given by CIC to the Public Authority HPCL to continue to send more hate emails (Encl D, E, and F) in future against the Petitioner for ever from the email system of the Corporation. It may please be recalled that the Petitioner had also requested for the information from the CPIO on the hate email dated 5/5/05 through the very first appeal dated 5/1/06 to CIC as the CPIO and the AA both had refused to provide any info on the hate email dated 5/5/05 .The CIC had not commented at all on the subject of hate email in the Order dated 14/3/06. Request dated 10/4/06 against (i) non-compliance of the limited decision dated 14/3/06 and (ii) for the review of the larger issues of the Appeal dated 5/1/06 is still pending with CIC.
(4) The Public Authority HPCL has been misusing Section 8(1) j most
incorrectly to cover up their arbitrary and corrupt functioning. First of all, they are violating human rights of the Petitioner in the form of distributing such hate emails and then secondly taking shelter of Section 8(1)j of RTI Act and the CIC Decision dated 14/3/06 which they have themselves not complied with till date.
(5) The Commission has been abetting, though probably unintentionally, in the crime of human rights violation by not giving the Petitioner a chance of hearing even on the issues of human rights violations which have been reported with the very first appeal dated 5/1/06 disposed off by CIC on 14/3/06 through a very limited decision but which too has not been complied with by the HPCL Authorities. The silence of the Commission on subsequent
appeals and not giving an opportunity of hearing to the Petitioner in any of the reported cases is surprising and undemocratic to say the least.
This is to summarize that the information asked through the request dated 18/12/06 is about prolonged human rights violations of the Petitioner by the HPCL Authorities including the CPIO and the Appellate Authority-HPCL and that the desired information is not 'Personal Information' and that it is not exempted under Section 8(1) j of the RTI Act as can be seen from the Application dated 18/12/06 itself. Following prayer is submitted to the Commission in view of the above facts:
(1) The Petitioner may please be heard before disposing off the Appeal.
(2) The appeal may please be considered by the full Bench of all
commissioners in view of the serious issues raised in this Petition which also reveal the lack of transparency and accountability in the benches of individual Commissioners.
(3) The information sought from the CPIO – HPCL vide request dated 18/12/06 may please be provided by the CPIO most urgently please.
(4) Appropriate penalty under the provisions of the RTI Act may please be imposed on the CPIO u/s 19 and 20 of RTI Act for willfully hiding the information.
(5) Disciplinary proceedings may please be recommended against the CPIO/AA u/s 20 for intentionally hiding the information which they do have but do not want to disclose to cover up their acts of Omissions and Commissions.
(6) The Petitioner may please be compensated adequately, u/s 19, for the detriments suffered by him due to non receipt of information on the repeated hate emails.
I guess issue you have raised is quite genuine but u must understand that CIC people are also human. And as of now they dont have sufficient manpower to handle bulk of application loads . Moreover they are acting in quasijudicial capacity. You need to be patient a bit. As i can see you shot a complaint letter to President of India about CIC member. If you are that much aggrieved you must move court of law or CAT . Because RTI is just dissemmination of info. And one need to prove things by means of material evidence where as in public sector company things could be manipulated easily.
I stand by your opinion and wish u all luck.
u must manage your case be shown on tv channels.& this remedy is also not easily achieved.So try to get some tv employees & persuade them.This can show to the whole nation that u are tortured heavily without any cause.
He is not alone,I am also facing two different charge memo/disciplinary proceedings from my employer general insurance company.
I had sought qualification of disciplinary authority and main witness my boss and CPIO under RTI,,they ,as well as AA have argued it as "invasion of privacy".
They reported to CIC that I am asking voluminous but 'inane" information,and one of the
commissioner has complied them by disposing my 3 applications in my abscence;agreeing with their
Now emboldened,the AA has disposed 8 of my RTI appeals under one stroke,arguing that
all the information sought my me is inane.
Govt is not willing; public is helpless.So the atrocities of the CIC now can be heard by court or NHRC. Ordinary person not having Rs.40000 cannot pray in highcourts. Hence only place to go for review is NHRC OR tv channel .Public & NGOs can plan AGITATIONS frequently & at large scale against CIC & public servants. Honesty of the country is the only &permanent solution of the prolem[ corruption].
It seems that our friend Pankaj has never tried to update himself on the status of his appeals before the CIC and has been doing infructuous correspondence with the authorities. His statement that 16 of his appeals are pending with the CIC is not correct.
Most of his appeals have been disposed off by the CIC.
I am putting up these dicisions for the information of all.
The CIC has clearly stated that as departmental inquiry is pending against the individual he will be given proper opportunity to be heard before his disciplinary case is decided.