Re: [rti_india] Re: Complaint of misbehaviour against cic inforamation commissioner AN TIWARI [2

It appears that we all forgot about RTI

It is not Tiwari alone but each of the authorities behaves strangely from the time a RTI application is received and by now (from inception) most of the departments have developed a "research" team for thwarting the applicant's effort. Depending on the nature
of the information sought reflections of the authorities gives an impression that they are bitten by ant, bee, scorpion, snake and so on Seriousness of the information sought was graver than bearing the charges of murder, we have seen in RTI activist's murders. This writer experienced hurdles even to submit an application at the initial stages! On some pretext or other they used to delay receiving application, at the same time informing concerned about anticipated application and to be prepared! 30 days time required for giving the information is to scan through files remove any thing incriminating and if consequences are bad even disappear the file.I apprehend that even records available in the files, particularly like property records,are tampered wth once an application is received.

Many of the discussions and debate often turns to debate (fight) between members in the cite and the architect of RTI, who so ever, yields the desired results, diflecting the activists from their focus! This is precisely what the "government wants, leaving us to fight among us !This is a time legal professionals are contemplating to do away with addressing Judges and so on like Your Honor, My Lord --- and stressing on politeness in application does not arise but it should not be impolite! There is nothing to loose either by being humble or polite but if the purpose appear to be dragged indefinitely level of loosing politeness and humility is anybody's guess! Imagine a situation where applicant is the neighbour of PIO (public servant) or SIC, or CIC I have had occasions to notice big bosses of companies, whom people address Sir, Saheb and so on, employees fear for their jobs constantly, addresses the peon in the Municipality Saheb---and does everything short of falling at feet!

Now let us get rid of such desire to be called by sir, saheb, malik and so on! "NAM MAY KYA HAI, KAM MEI MATLAB HAI"

Iyer GA

--- On Wed, 25/8/10, irfan khan <rtirti.khan@gmail.com> wrote:

From: irfan khan <rtirti.khan@gmail.com>
Subject: Re: [rti_india] Re: Complaint of misbehaviour against cic inforamation commissioner AN TIWARI [2
To: rti_india@yahoogroups.com
Date: Wednesday, 25 August, 2010, 11:39 AM

dear all ..

lets conclude this issue with an decision . Tiwari sir is "jaise ko taisa " kind of IC.

when he sees he can make a corrupt decision he takes the opportunity and when he sees applicant is a hard nut to crack he do not try to crack it .

any way may I know what kind of IC Ms Dipak sandhu is ?? I have feww cases lined up with her .

On Tue, Aug 24, 2010 at 4:53 PM, Satish Kumar Kapoor <kapoorsatish@yahoo.com> wrote:

Dear Mr Sabarjit Roy ji

You have just produced some portions of my cases NOT FULL VERSIONS. I have dealt with bureaucrats for long time and know how to hijack issues OR use ABC formula. I can produce dozens of rulings of MR ANT, which will prove that he is most dishonest IC.

In Fact I sent two complaints to President of India against him.

Yes, in the said case produced by you, I asked him to give me certified copy of letter OR any document by which SEBI-CPIO asked me to inspect file in particular application. NEITHER MR ANT NOR CPIO-SEBI PRODUCED ANY DOCUMENT.

WHY YOU HAVE NOT REPRODUCED THIS CASE?

All circulars of SEBI cannot be located on WEB-Site of SEBI because SEBI puts circulars in different folders and one does not know how SEBI classifies circulars.

WHAT YOU HAVE TO SAY ON MY ALLEGATIONS THAT SEBI GAVE FALSE.MISLEADING INFORMATION AND ON COMPLAINT TO MR ANT, HE JUST DISMISSED MY COMPLAINT?

I CAN GIVE EVIDENCE FROM VARIOUS REPLIES OF SEBI THAT CPIO-SEBI GAVE FALSE AND MISLEADING INFORMATION.

You must produce all cases with my replies to let members of this group know the truth.

S.K.KAPOOR

From: sarbajitr <sroy1947@yahoo.com>
To: rti_india@yahoogroups.com
Sent: Sun, August 22, 2010 10:50:05 PM
Subject: [rti_india] Re: Complaint of misbehaviour against cic inforamation commissioner AN TIWARI [2

Dear Satishji

1) We have previously discussed your cases. For eg.
http://groups.yahoo.com/group/rti_india/message/597
http://groups.yahoo.com/group/rti_india/message/607

quote:
"My ourbrust is due to false statement by CPIO of SEBI
that he offered me to inspect file. Mr Tiwari without
reading or checking papers produced to him by both
parties, repeated that CPIO had offered appellant to
inspect file."
:
"In another case with Police, although DCP-legal upheld
my arguments of giving information and said that this
falls under RTI act, DCP-EOW who was representing PIO
inspite of DCP-legal arguments, asked by Mr Tiwari to
tell why he does not want to give information, he
again and again asked to quote any rule under which
information can be refused. This clearly speaks of
malafides of Mr Tiwari. Had he been honest, he should
have given decision on this point and proceeded
further. He instead of giving any ruling, sent the
application back to AA."

2) Here is what ANT wrote in your first case CIC/AT/A/2006/00575
http://www.rti.india.gov.in/cic_decisions/Decision_21022007_16.pdf

"The respondents have urged, that on the basis of the appellant's query, it was not possible to identify and locate any information. He has given a certain description of a hypothetical situation and wants the public authority to locate the "circular", "advice", "section of act/rule", corresponding to that, which is not possible, as no such circulars, etc., could be located on the basis of what the appellant has stated.
DECISION
The contention of the AA is upheld. The appellant's right to receive information has to be determined in the context of what is stated in Section 2(f) of the RTI Act. It is not open to him to send the public authority on a wild goose chase on the basis of hypothetical scenarios conjured up by him. The SEBI Act, Rules, all its instructions are
properly in the public domain already, which the appellant can easily access by putting up little bit of extra effort. Far from it, he wishes to treat the public authority as his Consultants who should enable him to locate provisions of Acts & Rules at public cost.
This is not what the RTI Act is all about. In view of the above, there shall be no disclosure obligation regarding this item of information."

3) If we read another decision of yours from ANT,
http://rti.india.gov.in/cic_decisions/AT-31072008-10.pdf
We read
"It is noted that the queries of the appellant are based on the presumption that SEBI had carried out an investigation based on his complaint. However, in view of the submissions by the respondents as above, that no such investigation has been carried out by SEBI, the queries of the appellant do not hold."

ANT is repeatedly stressing that you are asking for hypothetical information based on certain scenarios from your imagination.

I hope you re-read what our co-moderator IPS had written here
http://groups.yahoo.com/group/rti_india/message/602

Sarbajit

--- In rti_india@yahoogroups.com, Satish Kumar Kapoor <kapoorsatish@...> wrote:
>
> Dear Sarbajit Roy,
>
> I strongly differ with you regarding MR ANT. In my two cases of complaint
> against CPIO-SEBI for providing incorrect information, although I had given him
> evidence, he just dismissed by writing that my complaint is false. I was going
> to USA, so did not move to High Court.
>
> I asked him after receiving copy of orders, which of my allegations are false,
> but I never received any reply.
>
> I asked by RTI application the same question, in reply I was offered that I can
> inspect the file, in which I could not find out any thing, which suggests that
> my allegations were false.
>
> This is just one example, I have so many examples in cases of other persons.
>
> S.K.Kapoor
>
>
>