"Democracy
requires an informed citizenry and transparency of
information which are vital to its functioning and also to contain corruption and to
hold Governments and their instrumentalities accountable to the governed".
IInd Appeal under Section 19(3) of The
Right To Information Act, 2005.
(Senior
Citizen Priority Case as per CIC`s Circular no. CIC/Legal/2007/006 dt 13-2-08
and Minutes of Meeting of Commission held on 13-12-11 and as per RTI Disclosure
by CIC under Sec 4(1) b &c. -Proof of Age given to AA)
To
The Central Information Commission
(Right To Information Act, 2005),
Government of India, R.No. 326,
Bhikaji Cama Place,New Delhi-110066.
Greetings
on International Day of Older Persons, 2013.
1) Name of the
Applicant: M.V.Ruparelia.
Age: 80 D.O.B. 1-3-34.
Address: A503 Rashami
Utsav, Near Jangid Estate & Vijay Park, Mira Road (East). Dist. Thane
2) Name of CPIO with Address to
whom Application was addressed: Shri P K P Shreyashkar, Nodal CPIO & Director,
CIC, B Wing-August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066.
3) Name of First Appellate
Authority & address who decided the First Appeal: Shri Tarun Kumar, First Appellate
Authority and Joint Secretary, Central Information Commission, Government of
India, August Kranti Bhawan, B Wing, Room no. 302, 2nd Floor,
Bhikaji Cama Place, New Delhi-110 066.
4) Particulars of Application: i) Application dt 12-6-13. Ist Appeal dt 28-7-13
(Copies enclosed).
5) Particulars of the Orders including number, if
any, against which the Appeal is preferred: Orders no.CIC/AA/A/2012/303 dt 13-9-13
(Copy enclosed) received on 23-9-13.
6) Grounds for Appeal:
a) In the office of CIC, there is
no Grievance Officer or Grievance Solving Machinery. For grievances created due
to inefficient and careless working of staff, Citizens have to pay fee of Rs 10
and file an Application, 1st Appeal & IInd Appeals for bringing
such incorrect actions to the notice of Public Authority viz CIC. CPIO & AA
are dealing with such Applications by playing games of words. e.g. When
information is requested for IInd Appeal of Ministry of Social Justice,
information is given for letter of the same date pertaining to Ministry of
Railways!! When some papers are found as a result of Application with dy
registrar of unconcerned ministry, information is given by nodal CPIO but
papers are not got transferred to concerned registrar on the plea that RTI
permits to give information, as existed in records and do not permit to
rectify/take action by streamlining the procedure!! Dy Registrar maintains that
he has not received papers and takes no action to get papers from unconcerned
Dy registrar nor nodal CPIO/AA get these papers transferred! AA supports CPIOs
and does not get incorrect information rectified or to give reasons for
arriving at any decisions and is in hurry to dispose of appeal and asking the
appellant to go in appeal to CIC.
Para 3 of DOPT circular no.
10/23/2007-IR dt 9-7-2007 reads as under:-
b) It is
repeatedly observed that proper care is not taken to deal with our applications
& appeals. We are representing public interest cases of senior citizens and
come to CIC for help in getting proper information from public authorities. As
per Mandate & Policy Statement of National Policy, 99 of Government of
India (Copy enclosed for information and following by CIC also, being the apex
authority of Government of India at the national level to support programmes of
the Government and taking effective steps to improve the quality of life of all
Elders, strengthen their legitimate place in society and help them to live
their last spell of life with purpose, dignity and peace.) One of the main aims
of RTI Act, 2005 is to streamline the working of Public Authorities. We have
been pointing out our difficulties found in systems/procedures followed in CIC
Office. In support of our statement that information given is incorrect, we
elaborate our stand by giving our difficulties. These are taken as grievances
and not the defects in working required to be streamlined/rectified and appeal
is disposed off without giving correct information. We would request you to
help us by streamlining the working of CIC Office and bringing the Mandate
& Policy Statement of National
Policy, 99 to the notice of all concerned.
8)
Information not given:
a) AA has stated in his orders that
efforts were made to contact the appellant over phone but the same was not
reachable. On the day of hearing at 11-30 on 13-9-13, I contacted phone
no.26180514 at 12-29 hrs, as there was no call to me. I was informed that
meeting is on and I will be called. No call came throughout the day or on
subsequent days, as in the past, call was given by AA on subsequent 3rd
day and promised to talk later for remaining items, which he never did. As
regards his saying that efforts were made to contact the appellant over phone
but the same was not reachable, it is stated that no miss call or any
indication came on my phone. There were no phones from or to from my phone for
the whole day to anybody to keep my phone busy or unreachable. Landline number
was also given.
b) In this case, we had requested
to advise procedure followed for registering appeals and letters, as we are
finding it difficult to locate position in Status Position. Simple information
is requested in item i) of application dt 12-6-13 and Appeal dt 28-7-13 as
under:
*1. As
many of IInd appeals are registered very late in Status Position and no date
and subject given by appellant is indicated in any case and name of Public
Authority is omitted in many cases, where to find the ON LINE registration like
SA/UG/13/F818W72G and whether all IInd Appeals are first diarized as letter in
Status Position of Diary shown in web site. This information is not being
given. To understand our difficulties, please, see whether anybody is able to
see Status position of the following IInd Appeals and letters sent by
Registered Post in Status position. This information is given in support of our
request for information about procedure followed:
SR No. IInd Appeal date CIC no & date Public Authority
1
28-3-13 Not yet
registered Min of Panchayati Raj
2 23-4-13 -do- Min of Housing & P.A
. 3 12-8-10 -do- Min of Social
Justice
4.
30-6-12
-do- Postal
Department
5. 16-7-12 12 letters were addressed to different
ICs and Dy. Registrars by name with copy of proof of age as enclosure but not a
single appears to have registered till date even after 75 days!!
6. 17-7-12. 4 letters were addressed to different ICs
and Dy Registrars by name with copy of proof of age as enclosure but not a
single appears to have registered till date even after 74 days!!
*2. Information about existing
orders/procedure as to within how much time, IInd appeals are required to be
registered is not being given, though there are written orders that appellants
can see the status position after 15 days of sending Appeal.
*3. In item ii), 7 cases of late
registration were given in support of the information requested. This is
treated as grievance and requested information is denied without examining the
incorrectness of information given on the plea that these are grievances!!.
*4 In item iii), it was pointed
out that CPIO has given wrong/incomplete information. Instead of getting
correct information, case is closed stating that these are treated as grievance
and correct information about any of the 7 items in application dt 12-6-13 is
denied without giving reasons for arriving at such decision. Kindly, give
correct information for at least the following 4 cases, as registration is now
done for 3 cases, though very late.
*5. Information
given in each of these 4 cases is not correct and action is required to be
taken as under:
a)
IInd Appeal dt 30-6-12
against Postal Department: Purpose of coming to Nodal CPIO was to help in tracing
IInd Appeal dt 30-6-12 not appearing in Status Position and to get date of
hearing fixed, as more than 1 year is over. Now
that original papers are found, please get them handed over to IC (BS). At
least such repeated careless working of mixing up papers (28 pages) should be
discussed in Thursday Meetings prescribed in CIC circular no.
12/8/2008-cic/ADMN dt 4-7-08 and registrars and staff counseled for such
careless working resulting in harassment to citizens, as main aim of RTI Act,
2005 is to streamline the working of Public Authority. Compensation for such
careless dealings should be awarded. This item is still not appearing in Status
position.
b)
Letter dt 5-2-13 is a
reminder for above IInd Appeal dt 30-6-12. When this letter dt 5-2-13 is
addressed by name to Shri A.K.Jha, Dy Registrar, it may kindly be
investigated as to which illiterate person had sent it to IC(AD) and which illiterate
person accepted it and placed on irrelevant file and kindly give correct
information/position.
c)
You may kindly see reply dt 14-6-13, which again
indicates that some illiterate person has put up completely incorrect reply for
some other case no. CIC/SM/A//2011/002203 and dy registrar
has just signed it, as there was no letter of same date for case no.002203. How
Shri Jha gets a dream to connect file 002203 pertaining to President of India
for letter dt 21-3-13 addressed to Shri Basant Seth by name for Postal
department? Kindly, give correct information. Arguing and playing games with
words that according to RTI Act, information, as available in records only is
to be given and no action is to be taken for rectifying the blunders by
streamlining the work does not help the citizen and very important Aim of the
Act of streamlining and giving correct information to citizens is not
fulfilled.
d)
You may kindly see my Application for this item.
I have requested information for IInd Appeal dt 12-8-10 and information is
again and again being given for some letter of same date pertaining to Rail
Ministry`s file no. 001260. This very CPIO has dealt with this IInd Appeal dt
12-8-10 earlier 3 times with same incorrect information!! AA had informed in
earlier case in January, 13 that he had asked Shri DC Singh to register this
and I should send him all papers etc again, though all papers were traced and available
in office of CIC. I have sent all papers
immediately to him in duplicate with one copy each to CPIO and AA of Ministry
of Social Justice, making me spend lot of money to get papers typed and zeroxed
for sending 4 copies. Compensation should be given for such careless working
instead of hurryingly disposing of appeal. I reminded Shri Singh twice but no
case no. 00805, as stated by AA appear in Status Position till date, hence this
item. Correct position my kindly be given.
9) Prayer or Relief: Kindly, get proper correct information.
10) Whether 2 sets sent: Yes.
11) Page numbering: Done bottom toward top.
12) Whether self attested all
documents: Yes.
13) An Index: Attached.
14) 1 full set to CPIO &
A.A.: Sent.
(M.V.Ruparelia)
Mira Road: 1-10-13.
Signature of the
Applicant
Copy along with all enclosures forwarded to:-
i)
Shri P K P Shreyashkar, Nodal
CPIO & Director, CIC, B Wing-August Kranti Bhawan, Bhikaji Cama Place, New
Delhi-110066.
ii)
Shri Tarun
Kumar, First Appellate Authority and Joint Secretary, Central Information
Commission, Government of India, August Kranti Bhawan, B Wing, Room no. 302, 2nd
Floor, Bhikaji Cama Place, New Delhi-110 066.
Index:
Sr No. Name of Document.
Page No.
|
1
|
Application dt 12-6-13.
|
1
|
|
2
|
Reply of CPIO no.
CIC/CPIO/2013/759 dt 18-7-13
|
2-3
|
|
3
|
Ist
appeal dt 28-7-13.
|
4-6
|
|
4
|
Reply
of A.A. no. CIC/AA/A/2013/303 DT 13-9-13 received on 23-9-13.
|
7-8
|
