Friday, April 20, 2012

Re: [HumJanenge] CIC SM allows CPIO of SC escape penal provisions.

Sir, since it is "Supreme" court, poor CIC can not say any thing to it, for his own survival.   which Law  is for supreme court ?.  the staff and Judges are Supreme and they are law  ?.  rgds. beniwal 

--- On Thu, 19/4/12, Manoj Pai <> wrote:

From: Manoj Pai <>
Subject: [HumJanenge] CIC SM allows CPIO of SC escape penal provisions.
To: "HJ GG" <>
Date: Thursday, 19 April, 2012, 9:48 PM

One Shri Shailesh had requested for certain information from the CPIO of Supreme Court of India. It is evident from the decision that applicant had received no response from the CPIO or FAA.

However, the CIC SM accepted the contention of the CPIO that the information was provided. Looking into the grounds, the appellant should have been given benefit of doubt. Further, as Sarbajit Roy, CJ Karira, Vihar Durve, Col Kurup and many others in this list would like to sing about the General Clauses Act, the CIC has not asked the CPIO to submit any proof of the dispatch of information / FAA order. 

Kindly go through the entire order, without debating the plausible deniability in the decision.

Section 20 makes it clear that the burden of proof lies on the CPIO and not the applicant. However, I am deeply pained to read several other decisions, where the applicants keeps shouting hoarse of having sent his RTI application by Speed Post / Regd. AD, the ICs / CICs accept the contention of the CPIO of not having received the RTI Application.

Maybe some of our younger members in this list, might like to prepare a bench mark of such decisions, where the benefit of doubts have been given to the CPIOs.

Best wishes

Manoj Pai
(Off Topic: Is anybody watching "Raising the Bar" on weekend nights on Zee Cafe)

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