Expectation from New State Chief Information Commissioner, Maharashtra.

M.V.Ruparelia, A503 Rashmi Utsav, Near Jangid Estate & Vijay Park, Mira Road(East) Dist. Thane. 401107. M. 09821732855. E/Mail:mvrup@yahoo.co.in

To                                                                      18-7-12.

Shri Ratnakar Gaikwad,

State  Information Commissioner, (Right To Information Act, 2005),

Maharashtra State, New Administrative Building, 13 th Floor, Opp. Mantralaya, 

Mumbai-400032.

Sub: Sincere Efforts by SCIC to improve the working of the Machinery of RTI in Maharashtra.

1. We are very happy to read in Newspapers about your sincere efforts to improve the working of entire machinery of RTI in your office and all Public Authorities.
2. Your 9 page directives to State Chief Secretary and other Public Authorities shall bring good results for Citizens of Maharashtra. To-day, no Public Authority bothers to give any simple information also even after orders of SIC. Non compliance of orders of SIC is like Contempt of Court but no Public Authority is afraid of contempt proceedings, as contempt proceedings are not being initiated by your office even after being pointed out and pursued by 10-15 reminders. This position is required to be remedied. We shall be thankful, if a copy of your directive to Public Authorities is sent to us. Annexure A indicating Public Interest Cases in which SIC`s Orders are not carried out is enclosed for suitable action.
3. Your decision to give preference to Appeals seeking Public Interest Information and from Senior Citizens is a right decision very useful to Social Workers like us and will go a long way towards welfare of Citizens and Senior Citizens. Government machinery has gone to dogs and they take unduly long time to decide various matters pertaining to Public Interest.  Annexure B indicating Public Interest Cases pending since long is enclosed.
4. Your Ministerial staff and officers also require to be counseled by you to take personal interest in the public interest matters. Letters fixing dates of Hearing by ordinary posts reach much after the date of hearing and in hurry of disposing of cases, injustice is done to the citizens and whatever is stated by the PIO is taken as correct. Annexure C indicating dates of receipts of your letters is enclosed.
5. There is a tendency in some ICs to side the Public Authority and not the Citizen, when the entire RTI Act is for helping Citizens to get information and help the Government to streamline the working of Public Authorities. When such gross injustice is pointed out to SCIC, no action is taken even after several reminders! ICs do not give sufficient time and opportunity to Citizens to send rejoinder nor give Teleconference option for aged persons staying at faraway places like Mira Road, Kalyan etc for cases of Public Authority in Greater Mumbai. During Hearing, they do not offer even a glass of water to citizens coming from faraway places. E/Mails & phones should be used to inform the appellants well in advance and rejoinder called with permission to attend personally or through Teleconference.
6. If reply to each letter/reminder is not possible, there should be some orders from your side to at least give some reply/indication to the citizen at least after 2-3 reminders atleast in cases of Public Interest cases from Senior Citizens. Replies to citizens using English/Hindi should be in that language. Cases of Senior Citizens staying at faraway places like Mira Road, Kalyan etc can be clubbed and one day, preferably in the afternoon keeping in view difficulties of travelling in morning peak hours should be fixed for as many cases as possible.
7. Some ICs direct Ist Appellate Authorities to relook in the case and avoid/postpone their duty of dealing with IInd Appeals and thus delay the supply of information. Citizen comes to SIC after getting no/improper response from AA.
8. Web Site of SIC, Maharashtra is not in proper shape even in Marathi. Even after more than a month of your taking over, names of earlier incumbents are continued in all information including under Sec 4 of the Act. Web Site of CIC, Delhi is very systematic and that pattern, if followed, will be very much liked by all. E/Mails of all SICs, Mumbai, Greater Mumbai & Navi Mumbai are not working for last several years and all messages sent on E/Mails given in Web Site are coming back with Failure Notice.

Kindly, do needful, as considered proper.

Thanking You,

Yours Sincerely,

(M.V.Ruparelia)

Annexure A- Cases of Non Compliance of Orders of SIC in Public Interest Cases:

1.      Appeal no. 6852/02:  Speaking Orders dt 11-7-11 are not implemented by State even after 12 months. in which SCIC had passed orders to give information for item no.4 to 6 and to take disciplinary action against 3 PIOs of Ministries of Social Justice and Health. This is a Public Interest case from Senior Citizen for information about i) Non-adoption by State of National Policy on Older Persons announced by Govt of India in 1999 for 13 years and depriving 1.02 crore Senior Citizens of Maharashtra of benefits envisaged in the Policy. ii) Information about action taken by State on Maintenance and Welfare of Parents and Senior Citizens Act, 2007. iii) Information about implementation of Rashtriya Swasthya Bima Yojna by State. These orders dt 11-7-11 are not complied and information requested in Application dt 3-4-10 is not given even after 27 MONTHS as against limit of 30 days!!

      This position was brought to the notice of SCIC by name, Shri Gurekar, PIO and    Pradhan Sachivs of Ministries of Social Justice and also Health under my following NINE  letters but no response till date!!

i)30-8-11.  ii) 28-10-11. iii) 5-12-11.  iv) 11-1-12.  V) 8-2-12.  Vi) 3-3-12. Vii) 26-3-12. Viii) 11-5-12. Ix) 15-6-12.

As these issues are affecting 1.02 crore Elders of our State, we shall be obliged, if you kindly get us proper information from concerned Public Authorities.

2. Appeal no. 7461/2011/02 in which you have given Speaking Order on 28-6-12 received on 10-7-12 that as information, as available is given by PIO on 21-10-10 and as no information about State Orders dt 12-12-06 is available, it cannot be given and as such Appeal is rejected. This is a Public Interest Case from senior Citizen about non-implementation of State Orders dt 12-12-06 for giving free treatment to Senior Citizens in all Municipal Hospitals. There are more than 100 Municipal Hospitals in Greater Mumbai and each and every Hospital except three major Hospitals viz Nair, KEM (Appeal no. 7146) & Sion (IInd Appeal dt 24-2-11, no date fixed, no Appeal no. advised) have given in writing to us in reply to our earlier RTI Application that they are following these orders and giving free treatment to Senior Citizens. These 3 major hospitals are not giving information as to whether they have received this orders

dt 12-12-06 or any orders from their Head Office and if yes, what action was taken and copies of notings deciding not to implement. No information is being given about receipt of orders of Head Office for State Orders dt 12-12-06 in their offices and action taken on that. J J Hospital, which is equally big State Hospital has confirmed in writing to us that they are giving free treatment to Elders but these 3 major Municipal Hospitals are not implementing State GR on plea that it will be financial burden on them. Matter was reported to Ministry of Health and SCIC in Appeal no. 5949/02 had given orders on 27-8-10 to Appellate Authority to give position within one month but no action is taken till today. This was repeatedly brought to the notice of your office also.  

3. Appeal no. 2010/4951/02 in which some orders were passed by IC on 30-6-10 without getting the requested information from Konkan Housing & Area Development Board, Bandra. On receipt of orders dt 30-6-12, the matter was pursued with State Chief Information Commissioner through my letter dt 12-7-10 followed by letters dt 19-8-10, 29-9-10, 2-11-10 and thereafter through RTI Application, Ist & IInd Appeal against SIC along with other cases and final outcome is still awaited. This is a Public Interest Case from Senior Citizen for information about non-provision of a single light in a Public Garden Provided by Konkan Housing & Area Development Board, Bandra in Mira Road. It is a social crime also for such Public Board not to provide a single light initially and then for last 7 years inspite of repeated representations. Kindly, help us.

4.Public Interest IInd Appeal no. 5949/02 dt27-8-10 against Ministry of Health for giving status of our letter to them dt 27-8-09 to take up with Municipal Corporation for non-implementation of their orders dt 12-12-06 by 3 major hospitals to give free treatment to senior Citizens of the State. The then SCIC asked Ministry to give status within one month vide his orders no, kra.mu ma a-2010/47633/appeal no. 5949/02 dt 27-8-10 but no reply till date. This non-implementation was brought to notice of your office in letter dt 2-11-10 but no action  even after large number of reminders.  

Annexure B indicating Public Interest Cases pending since long with SIC, Mumbai.

i)                    :  Public Interest IInd Appeal dt 7-7-11 under Section 19(3) of The Right To Information Act, 2005 against Public Information Officer of Principal Secretary, Government of Maharashtra, Mantralaya, Mumbai- 400032, in which we had requested the status of our letter dt 30-12-10 to Chief Secretary for advising action taken by State on various directives issued by Central Govt for celebrating 1^st October as World Elder Day, giving Vayoshrestha Awards to Senior Citizens of the State for good work, Providing Day Care Centres and other 15 schemes under Integrated Programme to be provided by Municipalities etc. No reply is given inspite of reminders on letter and Application dt 14-4-11 followed by 1^st & IInd Appeals. Your office was reminded vide letters  dt 26-8-11, 11-1-12, 4-3-12& 14-5-12 but even  Appeal no. is not given and the date of Hearing is not fixed. Information requested in my Application dt 14-4-11 is not yet given even after more than Fifteen Months, though required to be supplied within 30 days!

ii)                  Public Interest Complaint under Sec 18-1© of the Act filed on 25-11-10 against Ministry of Nagar Vikas for giving status of our letter dt 22-8-10 to Home Minister requesting to give 50% concession in ST buses to all senior citizens and to accept any proof for age, more than 50% to Elder Women etc is turned down under your office letter no. mu ma a 2012/3082/complaint no. 220/ka. 01 dt 19-5-12 received on 3-7-12 on the plea that 1^st Appeal is a must as per Supreme Court`s orders in case no. 10787-10788/2011 dt 12-12-11. When no one gives any reply inspite of large number of reminders, citizen should not be forced to spend money for 1^st Appeal and waste his money and time in getting simple information and so far provision under Sec 18 © is not struck down and exists, orders given by any court in any particular case can not be followed in all cases. Kindly, see, if you can help us.

iii)                Public Interest Complaint under Sec 18 © of the Act filed on 25-11-10 against Secretary  (A.R. & O.M.), government of Maharashtra for giving status position of our letter dt 23-5-11 for giving position of 4 letters pertaining to Senior Citizens received from Ministry of A.R. & P.G. & PMO is turned down under your office letter no. mu ma a 2012/3082/complaint no. 220/ka. 01 dt 19-5-12 received on 3-7-12 on the plea that 1^st Appeal is a must as per Supreme Court`s orders in case no. 10787-10788/2011 dt 12-12-11. When no one gives any reply inspite of large number of reminders, citizen should not be forced to spend money for 1^st Appeal and waste his money and time in getting simple information and so far provision under Sec 18-1© is not struck down and exists, orders given by any court in any particular case can not be followed in all cases. Kindly, see, if you can help us.

Annexure C indicating dates of receipts of your letters.

Sr No. Letter no.   &   Date                                                       Date of Receipt      Date of Hearing

1   mu ma a/nondni kr.509/appeal no. 7143/2011/02 dt 21-2-12.   28-3-12.           15-3-12.  

2 same number dt 15-3-12   Speaking Orders                                 31-5-12             After 76 days.

3 mu ma a/nondhni kr 691/appeal no. 7461/2011/02 dt 19-6-12    10-7-12             28-6-12

4 sane number Speaking Orders dt 28-6-12                                     10-7-12            After 12 days

5 mu ma a2011/42/pra a kr 47/01 dt nil                                           18-1-12            18-11-11

6 mu ma a2012/3081/comp.no. 221/ka.01 dt 19-5-12                      22-6-12            After 33 days

7 mu ma a2012/3082/comp.no. 220/ka.01 dt 19-5-12                      3-7-12              After 44 days.