Re: [HumJanenge] CIC says Govt. notification on CBI exemption not in consonance with RTI

Dear Karira

1) almost all the rti_india yahoogroup members are on HumJanenge, so no need to post such messages there.

2) With my long experience of how CIC "reserved" orders are drafted, I can say with considerable force that the reason the Complainant was not present, was because there was "hanky panky" in the final order in favour of a retired judge who is accused in Ghaziabad judges PF scam. Anybody who tracks Shailesh Gandhi's usual orders will vouch for this. What is especially curious in the present case is that the CIC treated a "2nd Appeal" (w/o 1st appeal on record) as Complaint (and thereby invoked its enquiry powers to cut-n-paste from various websites).

3) I think it is high time that this practice of "reserved" orders at CIC be stopped.

Sarbajit

On Fri, Jul 1, 2011 at 9:33 PM, C K Jam <rtiwanted@yahoo.com> wrote:

Today (01 July 2011), CIC has passed an order while hearing a Complaint from an accused in the Ghaziabad PF scam.

In a very long order, CIC has ruled that:

1. The Govt. order on exemption of CBI from RTI is not in consonance with the basic provisions of the RTI Act

2. CIC can hear direct Complaints and there is no need to exhaust 19(1) before approaching the commission

3. The gazette notification on CBIs exemption has only a prospective effect - ie cannot be applied to applications/appeals/complaints already in process.

Full order is attached to this post.

RTIwanted