[HumJanenge] COMMENTS / OBJECTIONS / SUGGESTIONS : ref:PN/DoPT/OM/2010/RTI/AAA-0000-016

To:
The Government of India, by
Shri R.K.Girdhar
Under-Secretary/RTI
Department of Personnel and Training, North Block
New Delhi 110011

1) CONFIDENTIAL,
2) SECRET,
3) My Intellectual property,
4) Not to be disclosed to any unauthorised person,
5) Not to be disclosed to any private person whatsoever,
6) Not to be disclosed to Prime Minister or his office,
7) Not to be disclosed to National Advisory Council,
8) Not to be disclosed under Right to Information except to myself,

BY EMAIL:

NOTICE IN LAW

Date:  25-December-2010
Your Ref: OM dated 10.12.2010 in File No.1/35/2008-IR (draft RTI Rules)
Our Ref:  PN/DoPT/OM/2010/RTI/AAA-0000-016
Subject Objections and/or Suggestions to the amendments proposed

Sir,

I refer to the above citations and your subject OM. I am caused to submit the following objection(s) and/or suggestion(s) to the same.
This is separate, distinct and without prejudice to other objections I may submit from time to time within the period allowed..

http://persmin.gov.in/WriteReadData/RTI/RTI_rules_01122010-1.pdf

I OBJECT as follows:-

1) That on 22-May-2010, the Division Bench of the Hon'ble Delhi High Court in its detailed and reasoned judgment in WP(C) 12714/2009  was graciously pleased to strike down the "Central Information Commission Management Regulations 2007" or suchlike as being bad in law. It is pertinent that I was the other Co-Respondent alongwith the Commission in this Petition tilted as "Delhi Development Aithority versus Central Information Commission  and Anr.".

2) The said judgment has been published on website of Persmin also. And is available at this link : [http://lobis.nic.in/dhc/BDA/judgement/21-05-2010/BDA21052010CW127142009.pdf]
for your ready reference. The Commission has filed an SLP pending in the Supreme Court, but  there is no stay on the operation of this judgment except to the extent that Benches of the Commission may be continued pende-lite. I am yet to be served a copy of the SLP in terms of the Court's admission order.

3) In these circumstances I bring to your notice that the Hon'ble High Court in its judgment had clearly compared the existing RTI Rules in force since 2005 with the impugned CIC Regulations of 2007. I am therefore shocked to observe that virtually all the Regulations of the Commission which were struck down as illegal or bereft of power in law to prescribe are being sought to be brought in under the proposed draft Rules while a competent superior court is seized of the matter. It is pertinent that while the DoPT/Persmin is not a party to these litigations, it had circulated a copy of the draft rules to the Commission well before 10.12.2010 and incorporated the comments of Commission into draft RTI Rules so as to frustrate the judgment in force of the Delhi High Court and interfere in the proceedings pending in the Supreme Court. I say it is noteworthy that the previous and present Central Chief Information Commissioners are both former Secretaries of the Ministry of Personnel..

4) I therefore give you clear notice in law that should any interference whatsoever in the enforcement of the Delhi High Court's judgment or in the pending proceedings in Supreme Court take place other than by order of the Hon'ble Courts, I shall be constrained to initiate contempt proceedings against all concerned.

NB:  As the legal questions involved for these Rules are complex, I am formally requesting an opportunity of personal hearing for this before the competent authority. I am also  formally requesting that the opinion of the Law Department/Ministry be obtained on my various objections / suggestions.

Submitted in my individual capacity by

Er. Sarbajit Roy
B-59 Defence Colony
New Delhi 110024
Tel : 09311448069
email ID: "sroy.mb@gmail.com"

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