Wednesday, December 29, 2010

[HumJanenge] Attn: CPIO/DoPT/ R.K.Girdhar. 3rd party notice u/s 11 of RTI Act

Shri R.K.Girdhar, US(RTI)DoPT
Central Public Information Officer




SUB: DoPT OM No. 1/35/2008-IR dated 10 December 2010

I refer to the RTI request of one Commodore Lokesh Batra which he has
placed in the public domain at HumJanenge/Yahoo internet RTI forum
concerning the above cited OM.

I note that therefrom he has requested to inspect all the files, and
take photocopies therefrom, concerning the amendments to draft RTI
Rules on which comments were invited.

I further note that Commodore Batra has evidently made submissions in
the form of a letter dated 27.12.2010 despite the fact that the OM
specified comments were to be sent by email. It is also not clear to
me if Commodore Batra was one of the recipients on the said OM or if
he is authorised to quote/comment on the contents of the OM and which
may invite prosecution specified in the Manual of Office Procedure..

I wish to bring to your notice that I and also many other members of
the Humjanenge RTI movement (we are not connected with Commodore
Batra's similarly named Yahoo group) had submitted several comments in
confidence to you by email on this subject. Hence we say that all our
comments come under the protection of the 3rd party clauses (sections
8(1)(d) and/or 11) of the RTI Act 2005 and deserve to be issued notice
if any information either submitted by us in confidence, or which
"relates to" us, is intended to be disclosed by PIO(s) of DoPT.

I also generally say, that whereas Commodore Batra may well be
entitled to information concerning what he has submitted to DoPT, he
is not entitled to any information on the submissions of other people
until such time as the policy of DoPT in this behalf is made known
transparently in advance.

I also object to his query 2(e), since had the information existed in
the first place, it would have been required to have been
disclosed/published/disseminated widely under section 4 of RTI Act,
PRIOR TO or ALONGWITH the OM's being issued.

I further object that Commodore Batra in his expert capacity was
present at 2 meetings of the NAC held on 13 and 21 Dec 2010 concerning
these amendments. Hence I say that he is out to scuttle the amendments
to RTI Rules by seeking to know the number of inapplicable posts,
faxes and hand delivered missives, so as to approach the Courts to
stay this process with this information and thereby affect my own
rights to be considered.

Hence considering all this, I request that I, as a 3rd party, be
issued the requisite notice if ANY information is proposed to be
provided to Commodre Batra vide his RTI request(s).

Yours faithfully

Sarbajit Roy

---------- Forwarded message ----------
From: lokesh batra <>
Date: Wed, 29 Dec 2010 09:33:20 -0800 (PST)
Subject: [HumJanenge-YG] RTI: Ensure Comments on RTI Rules Processed

RTI : To Ensure Comments to DoPT on RTI Rules Processed

Today 29 December I have filed following RTI in DoPT.

Dear All,

I thought since we have sent our comments by Email, its better to
ensure that our mail is downloaded and being processed.

May be others can also initiate interventions to ensure their comment
are not thrown in the dust bin.

{Commodore Lokesh. K. Batra (Retd.)}
29 December 2010

29 December 2010
Shri R.K. Girdhar
Central Public Information Officer & US
Department of Personnel & Training (DOPT)
Room No. 7 'B',
North Block,
New Delhi - 110001
Tele: 011-23092759, E-mail :

Sub: Application under Right to Information Act 2005 (RTI ACT, 2005)

Dear Sir,

1. Kindly refer to (a) DoPT OM No. 1/35/2008-IR dated 10
December 2010 on 'Amendment to RTI Rules (b) My letter dated 27
December 2010, forwarding my comments (by Email). A copy of my said
letter (without enclosures) is attached.

2. With reference to the above mentioned DoPT's OM of 10
December 2010 and my said letter of 27 December 2007, please provide
me following information under the RTI Act, 2005:

(a) The date when my above mentioned letter of 27 December 2010 (with
its 29 pages enclosure) is diarised in DoPT. Please provide me diary
number and also file No. on which it has been placed and being

(b) In response to DoPT's OM of 10 December 2010 mentioned above,
please provide information on total number of comments received in
DoPT of which how many received by (a) by Emails and how many (b) by
post or fax and how many (c) hand delivered.

(c) Please provide me list of file/files with reference number(s) on
which the comments received in response to said DoPT's OM of 10 Dec
2010, are being processed.

(d) Please intimate the laid down procedure/policy of government
(DoPT) (if any) for processing the comments received in response to
said DoPT's OM of 10 Dec 2010.

(e) I would also like to inspect all the files concerned with the said
issue including the one where the requirement of amending RTI Rules
was triggered and processed and consequently said DoPT OM of 10 Dec
2010 issued. At that stage, I will take attested copies of the
relevant documents and notings in the file(s) as required. Please
inform the date and time for the inspection of the files.

I am separately depositing application fee of Rs.10.00.

Yours' Sincerely,
{Commodore Lokesh. K. Batra (Retd.)}

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