Tuesday, August 24, 2010

[rti_india] Re: Maharashtra SIC Kuvlekar seeks police protection from appellants

 

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:
>
> >
> >
> > 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
> >
> >
> > On Fri, Aug 20, 2010 at 7:42 PM, virender johar <virender.johar@...>wrote:
> >
> >>
> >>
> >> 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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