Dear Leslie
This is what you must do
1) After the expiry of 30 days of filing your complaint, file an RTI to the PIO of the concerned SIC / CIC seeking the following information( s).
a) Reason(s) why Complaint has not been taken cognisance of.
b) Name and designation of the officers / Commissioners who dealt with your Complaint.
You must specify here that you are entitled to information within 30 days as Fundamental Right , and that the SIC's unexplained delay is violative of your Fundamental Right.
2) On receipt of reply to this, do not appeal it, but send a Notice-In-Law (no need for advocate) informing the Registrar / Secretary of the Commission that your Complaint has evidently not been registered due to corruption in his Registry which has caused you harm, and that if suitable action under 18(2) is not taken *forthwith* you reserve the right to initiate vigilance proceedings against the officers concerned.
3) After 21 days, you send a sealed letter marked CONFIDENTIAL addressed to the Secretary of the Commission stating that you are reliably informed that Mr.XYZ and other Registry staff have not taken any action on your Complaint because of rampant corrupt practices within the Registry which are punishable under the Prevention of Corruption Act and you request that an enquiry be initiated into your instant communication and promise your full cooperation.
4) 14 days after this letter you file an RTI demanding to what action has been taken on your CONFIDENTIAL letter, and ask for the procedures whereby vigilance complaints such as yours are dealt with.
5) After receiving PIO's reply you send a letter to the Governor of Maharashtra / Advocate General of Maharashtra enclosing all the documents above seeking permission to initiate criminal proceedings against Mr XYZ and the Registrar of the SIC. Mark a copy to the "offenders".
PS: It is immaterial what the PIO replies to your RTIs or even if he replies at all.
Happy 2010
Sarbajit
--- In
rti_india@yahoogrou ps.com, LESLIE ALMEIDA <lesals2000@ ...> wrote:
>
> my complains u/s 18 have not been attended to over two years, in which case why put up complains
> as Per DOPT there is no time frame to addtress complains, which is bad in law, so the IC make use of a loophole in the law, the IC do not peanilise PIO as per mandatory requirement as per the RTI act,
> we should all come on a common platform and take this matter to court. as remedy advised by DOPT
> could some lawyer help out in fighting this out in a court of law so that RTI retains its glory, we could chip in the expenses form a "RTI users grievence forum " open a bank account by that name and put our contribution there, any one without vested interest kindly start same i will be first to make my contribution . also if Bence of Supreme court superseeds Public Interest. ( disclosure of assets )
>
> as per post on RTI india complains u/s 18
>
> a) That "complaints" form the heart of the CIC/SIC 'Soo-moto" powers - see 18(2).
>
> b) That inquiry into "complaints" take precedence over disposal of appeals per the scheme of the RTI Act.
>
> c) That there is no provision in the RTI Act to restrict in any way the form, nature or content of a complaint to the Commission (unlike appeals).
>
> d) That We did not recognise the CIC's illegal Management Regulations which were drafted and approved by idiots (ie, legally deficient morons).
>
> e) That whereas the duly notified rules for APPEALS to the CIC provided for "verification" (which requires a signature), there is no such requirements for complaints - which can be unsigned (and hence do not require a digital / electronic signature to be sent over email).
>
> f) That We demanded parity with Ms Aruna Roy, Commodre Lokesh Batra, Mr Shekhar Singh etc who regularly use emails to get their work done at CIC through Mr Habibullah
>
> lets take this new year into a new era 2010 and have a smile on our faces as 2010 goes by
>
> Leslie Almeida
>
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