Dear Mr Sarbjit,
While I concur that CIC has ruled that AWHO does not fallin the ambit of RTI Act there is no order to rule that
AWCHS which is located on Government land does not come under RTI Act. The State Commissioner for Corporation and registrar co-operative societies , Pune had ruled that any co-op soc located on Govt Land comes under RTI Act.
AWCHS which is located on Government land does not come under RTI Act. The State Commissioner for Corporation and registrar co-operative societies , Pune had ruled that any co-op soc located on Govt Land comes under RTI Act.
Dear Sarbjit, I had raised the issue that if the SIC passes an Order in Open court ordering that AWCHS comes under the RTI Act can he reverse his order while reducing it to writing and can he delay the issue 9o0f the written order for somke many months since passing the verbal order on 19 Nov 2009.
I shall go through the Court judgment quoted by you. Thanks for it.
Regards,
Col Johar
On 24 August 2010 22:28, sarbajitr <sroy1947@yahoo.com> wrote:
Dear Col Johar
http://www.rtiindia.org/forum/28596-high-court-decisions-right-information-2005-invoiling-co-operative-societies.html
"Panjabrao Deshmukh Urban Cooperative Bank v/s. State CIC Vidarbha Region Nagpur and Other ( A I R 2009 Bom. 75 )"
For a body to be a P/A it has to be constituted BY an Act of Parliament (not UNDER an Act of Parliament). The Central Information Commission had long back held the AWHO not to be a public authority.
http://rti.india.gov.in/cic_decisions/Decision_29012007_7.pdf
http://rti.india.gov.in/cic_decisions/WB-13102008-01.pdf
http://rti.india.gov.in/cic_decisions/SM-18112008-01.pdf
Sarbajit
--- In rti_india@yahoogroups.com, virender johar <virender.johar@...> wrote:
>
> Dear Mr Sarbajit,
>
> Please can u mail me this Nagpur HC Judgment.
>
> Our society is located on Government land granted with status of Occupancy
> Class 2 to Army Welfare Housing Organization New delhi who constructed the
> houses and handed over to us. Ther Co-op soc has not handed over the houses.
> The land and is not a freehold land.
>
> Also the buildings were constructed by the All India organization namely
> Army Welfare Housing Organization New delhi registered as a Welfare Society
> under the Societies registration Act XXI of 1860.
> Please review and adcvice.
> Regards,
> Col Johar> On 21 August 2010 09:51, Sarbajit Roy <sroy.mb@...> wrote:> > On Fri, Aug 20, 2010 at 7:42 PM, virender johar <virender.johar@...>wrote:
>
> >
> >
> > Dear Col Johar
> >
> > 1) I thought that Co-Ops have been held NOT to be public authorities in
> > Maharashtra (and in several other States) by various HC judgments, incl one
> > of the Nagpur bench of Bombay HC.
> >
> > 2) If the Co-OP is not a P/A then you are not WHISTLEBLOWER, kindly read
> > the definition of whistleblower in the CVC scheme.
> > http://cvc.nic.in/whistle.pdf
> >
> > Sarbajit
> >
> >
> >
> >>
> >>
> >> Dear Friends,
> >>
> >> I had filed a Second Appeal against the Secretary of Army Welfare
> >> Co-operative Housing Society ltd, Pune vide Appeal 13/2009 before Shri Vijay
> >> Kuvlekar State Information Commissioner as the PIO - Secretary of the
> >> said Society failed to provide the information even after the First
> >> Appellant Authority in this case Deputy registrar Pune City (1) had passed
> >> the Order that the Information be provided . The Second Appeal was heard
> >> on 19 Nov 2009 and in the Open court verbal Order was passed directing the
> >> Secretary of the society to provide the information within 15 days of the
> >> said Order. Neither the information has been provided till date nor the
> >> State Information Commissioner has passed the written order.
> >>
> >> I have brought the facts to the Notice of the State Info Commissioner but
> >> it seems my complaint against the Secretary for not providing the
> >> information seems to have fallen on deaf years. Also personal interview with
> >> the SIC to expedite the issue of the written Order has not resulted any
> >> results. Of late he even refuses to see me.
> >> Why is the SIC behaving like this??? Is there any remedy??? except filing
> >> a case in the High Court. Are the litigants supposed to be harrassed
> >> espec8ially when the litigant is a WHISTLE BLOWER???
> >>
> >> PLEASE ADVICE.
> >>
> >> Lt Col Johar
> >>
> >>
> >>
> >>
> >> On 10 August 2010 07:39, sarbajitr <sroy1947@...> wrote:
> >>
> >>>
> >>>
> >>>
> >>> http://www.indianexpress.com/news/Harassed-by-litigants--will-approach-cops--Info-panel-boss/658395
> >>>
> >>> At a time when activists using Right to Information as a tool to expose
> >>> corruption face threats to their lives, State Information Commissioner Vijay
> >>> Kuvlekar is grappling with a different threat from those upset by his
> >>> verdicts or litigants wanting to jump the queue for an earlier hearing.
> >>>
> >>> Fed up by constant interference in his job, Kuvlekar has decided to lodge
> >>> a complaint with police against those trying to force him into giving
> >>> favourable verdicts.
> >>>
> >>> "We will submit a written complaint to police about attempts to blackmail
> >>> the SIC and even threaten the staff," SIC deputy secretary Raviraj Phalle
> >>> told this paper on Monday. "In fact, we had gone to the police with a
> >>> written complaint today but since senior police officers were not available,
> >>> we will file it on Tuesday," he said.
> >>>
> >>> Kuvlekar said he wouldn't have asked his staff to file the complaint, but
> >>> this interference had irritated him so much that it was affecting RTI work
> >>> and hearing of cases. "The staff were also suffering due to unwarranted and
> >>> unnecessary pressure tactics adopted by litigants," Phalle said.
> >>>
> >>>
> >>
> >
> >
>
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