Monday, March 21, 2011

[HumJanenge] PUBLIC GRIEVANCE: Intemperate language used in decisions of the Commission

To:
The Chief information Commissioner of India
August Kranti Bhawan, New Delhi

BY EMAIL

Respected Sir

I am constrained to bring to your kind notice the intemperate language used by Shri Shailesh Gandhi in the following decision at URL [http://www.rti.india.gov.in/cic_decisions/CIC_SG_A_2010_003231_10734_M_49087.pdf]

I am constrained to mention that the language used by Shri Gandhi at paras 2 and 3 of page 2 lowers the dignity of the Information Commission, betraying as it does a gross ignorance of the legal process, rights of litigants (including the right to exhaust all legal remedies) etc. Had Shri Gandhi cared to avail the section 4 disclosure process of the High Court of Delhi by its website, he would easily have learned that an LPA no  606/2010 has been very promptly filed in the matter along with application for stay of the single judge's decision. All daily orders of the Court in the matter are accessible over the internet. That the stay was not granted was quite evidently due to technical reasons beyond the control of the appellant/public authority.

Accordingly to uphold the dignity of the Commission, I request you to kindly ensure that Mr Shailesh Gandhi is not allowed to sit in a single bench and/or pass such kind of intemperate and poorly reasoned orders. In the alternative, and considering the current shortage of Information Commissioners, I request that all decisions of Mr Gandhi may kindly be reviewed carefully before being pronounced  / placed in public domain.

I would be obliged if my grievance is acknowledged within 3 days as per the DARPG norms.

Yours faithfully

Sarbajit Roy

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