Thursday, February 25, 2010

[rti_india] Re: CIC should be empowered to punish the defaulting CPIOs


Dear Sir
I have made a complaint to DCP ( after inaction on my complaint by SHO and ACP concerned). Not much action was taken by concerned DCP (East Delhi), so the matter was escalated to Commissioner, Delhi Police on 19-3-2009. Not much was done from CP office also. Many e-mails to CP and telephonic calls to SO to CP asking for a personal meeting with CP, not yield any result.
At last a RTI application has been filled in PHQ on 3-2-2010 for the action taken report and daily progress made on my complaint made to Commissioner, Delhi Police. 
On 8-2-2010, APIO-PHQ simply transfered my application to
(1.) Additional DCP (PIO), East Delhi,
(2.) DCP (PIO) Vigilance Branch,
(3.) DCP (PIO) Police Control Room
Now it is correct that most of the information lies with East Delhi District Police, some info may be available with DCP Vigilance and DCP PCR so transfer of application to them by APIO-PHQ is right
but PIO-PHQ must give information available in PHQ and CP office i.e. when the complaint was made to CP, there must be some action/ order/ noting by the CP on the complaint, then it may be forwarded to Joint CP, Additional CP, there must be Jt CP & Addl CP's action /remarks on that complaint before it was sent to DCP level officer.
Now should I wait for the reply of 3 DCPs, to whom my RTI application was transfered by APIO-PHQ  
File a First Appeal with FAA in PHQ, Delhi for not furnishing the part of information available with PHQ and CP office 
File a complaint with CIC
Please Guide. 
With Regards
Lalit Mohan Sharma


--- On Thu, 25/2/10, sarbajitr <> wrote:

From: sarbajitr <>
Subject: [rti_india] Re: CIC should be empowered to punish the defaulting CPIOs
Date: Thursday, 25 February, 2010, 9:33 AM

Dear Mr Singh

Please understand how the game is played when difficult information is sought.

1) The CPIO is obliged to reply to you in time and DENY you the information using an exemption. Your CPIO has done his job precisely. They do this because it is a "percentage game". He knows that 30% of applicant don't pursue the matter further. He is also waiting for you to make an "unforced error"

2) You fell into his trap by making a complaint to the CIC instead of filing a First Appeal. Since the CPIO has done his job your CIC complaint will most likely be dismissed or remanded back to FAA. As CIC says there is no time limit for hearing complaints, you will lose time.

3) File a damned good First Appeal immediately. They don't want the matter to reach CIC as much as you do.


--- In rti_india@yahoogrou, "VB Singh" <vijay_bsingh@ ...> wrote:
> CPIO (General), New Custom House, Mumbai rejected an application dated
> 28.01.2010 filed by me outright informing vide his reply dated
> 16.02.2010 shat Since the information sought is in regards to personal
> information, the disclosure of which has no relationship to any public
> activity or interest and therefore the same is being exempted under
> Section 8 (1)(j) of the RTI Act, 2005.
> The queries were regarding processing of application of my voluntary
> retirement and are reprodced below:
> 1. Dates of processing of F.No.S/5- Misc- 397/2009 P&E (Spl. Cell)
> from 14.12.2009 to 14.01.2010 by the staff / officers;
> 2. Details of notings in the above said file from 14.12.2009 to
> 14.01.2010 by the Staff / officers.
> I have submitted a complaint against the said CPIO to CIC on various
> grounds one of them being:
> If this narrow interpretation is allowed to remain on records, then at
> least in 90% of the work of the government, no citizen can ever ask for
> any information from the government where his/her matters are being
> dealt with. Obviously, much of the work in the government involves
> interaction of the citizens with the government. Thus if anyone asks
> information in his own matter, it can be branded as involving no public
> activity or interest and all the inactions, perversions, misdeeds, etc.
> of the bureaucrats can be kept under the iron curtain beyond the
> scrutiny of anyone.
> On receiving the copy of complaint served on him he contacted me through
> a collegue of mine to withdraw the complaint and he is ready to furnish
> the information. It is has also been indicated by him that the
> information under RTI are not allowed to be given by the senior officers
> of customs and CPIOs have to face the complaint.
> The issue here is that no CPIO in any department is willing to give
> information until it is directed by CIC. By the time decision of CIC is
> announed, te very purpose of seeking that information is defeated. CIC
> should be empowered to punish the defaulting CPIOs in case of any
> violation of RTI act.
> Regards,
> VB Singh

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