Friday, July 20, 2012

Re: [HumJanenge] "Only 3 complaints lost in CIC since 2005" records IC(SG)

Mr Sarbajit,

Your habits seem to be rubbing off on me !
Here is one for the only "pandey" (not the chulbul variety) in the CIC.

Mr Satyananda Mishra                                          
Chief Information Commissioner                           
Central Information Commission                            
August Kranti Bhawan                                          
New Delhi                                                           
                                                                                Date: 16 July 2012
Dear Sir,
Sir, for the last one year and on several occasions, I have brought to your notice my various Complaints which are long pending in the Commission.
Although you have given verbal instructions to various officers and staff, in my presence, to list these on a priority basis, it seems that your officers and staff are continuously trying to delay the listing of these complaints on one pretext ore the other.
The long pending Complaints are:
S. No.
Appeal/Complaint Nr.
Filing Date
Public Authority
Allahabad High Court
Andhra Pradesh High Court
Guwahati High Court
Chattisgarh High Court
Gujarat High Court
Himachal Pradesh High Court
Jharkhand High Court
MP High Court
Madras High Court
Orissa High Court
Patna High Court
Punjab & Haryana High Court
Rajasthan High Court
Sikkim High Court
Uttarakhand High Court
As you can see from the above table, these have been pending for more than two and a half years !
If anyone in the Commission had bothered to open these complaints and even glanced at them casually, he would have realized the effort I have put in to prepare these complaints – each Complaint took me at least 3 to 4 days.
Firstly, these Complaints were "lost" by Mr Pankaj K P Shreyaskar, when he was Dpty. Registrar to the Ex CIC, Mr Wajahat Habibullah.
I was asked to resubmit the Complaints. The resubmitted Complaints were once again "lost". These were finally registered by Mr Vijay Bhalla, the present Dpty. Registrar.
I have tried my best to meet everyone from the Chief Information Commissioner in the Commission (including ex Chiefs Mr Habibullah and Mr Tiwari and yourself), Secretary (the past Secretary and the present Secretary), The Additional Secretary, Registrars, Designated Officers and Clerks, repeatedly and on several occasions even outside the Commission. I have written innumerable letters, emails and repeated reminders. But nothing has happened.
Since you became the Chief Information Commissioner in January 2011, I have met you in person, several times on this issue as well as sent written letters and reminders. Based on these, you have issued instructions to your officers and staff – but they have even disobeyed and disregarded your own instructions.
On December 28, 2011 while conducting a hearing against Ten High Courts on Section 4 suo moto disclosure, in the presence of at least twenty people, you instructed Mr Akash Deep Chakravarti, Mr Pankaj K P Shreyaskar and Mr Vijay Bhalla – to read these complaints, prepare a comparative chart and put up before you within 15 days. More than six months have passed, but they have still not done so.
During my last conversation with Mr Vijay Bhalla, about a month ago, I was informed that if he lists these long pending Complaints, Mr Akash Deep Chakravarti and Mr Pankaj K P Shreyaskar are threatening him that there will be "Contempt of Court", since there is a stay order from the Hon'ble Delhi High Court in relation to WP(C) 3530 of 2012, Order dated 23.05.2011 .
I have personally read that stay order from the Hon'ble Delhi High Court and it is obvious that the both Mr Chakravarti and Mr Shreyaskar are trying to shelter behind this particular stay order so that they can hide their inefficiency, lethargy and corrupt practices.
The stay order has nothing to do with the subject matter of my above long pending Complaints and it is clear that both Mr Chakravarti and Mr Shreyaskar have neither read any of my Complaints and nor have they understood the stay order from the Hon'ble Delhi High Court.
The only conclusions I can draw from this bitter experience is:
1.   That your officers and staff are corrupt and amenable to extraneous influences since they have intentionally lost these complaints twice and have also disobeyed your repeated instructions.
2.   Your officers and staff and Mr Pankaj K P Shreyaskar in particular, have some malicious vendetta against me because of which they are intentionally and deliberately trying to block the listing of these Complaints since 30 months.
3.   The officers and staff of the Commission are influenced by the "name and fame" of the complainant, since I have proof that other Complaints against the same public authorities, which have been filed much later than my complaints, have already been listed, heard and orders passed. Your officers and staff are therefore discriminating against me on the basis of some unknown reasons.
4.   Your officers and staff are disobedient to the extent that they do not even follow and obey your own instructions. Under Section 12(4) of the RTI Act 2005, "the general superintendence, direction and management of the affairs of the Central Information Commission" vests in you. It is a sad that the officers and staff of the Commission fail to abide by the instructions of even the Chief Information Commissioner himself, who is the head of the Commission.
5.   The Central Information Commission does not follow the "first come first served" principle in listing of Complaints. Your officers and staff are lethargic and oblivious of this principle of fair play OR are corrupt to the extent that they list matters pertaining to appellants/complainants because they have been "influenced" and "bought over" by vested interests.
I am present in Delhi on the 18th July 2012 for a hearing of four cases by your good self and request you for a personal meeting to resolve this issue once and for all.
Sadly, I have to state that this is the last attempt I am making to get these long pending cases listed and heard, because as you would have realized by now, the whole experience has been totally frustrating, bitter and a waste of time for me. Rather than waste my limited resources on the corrupt, inefficient, lethargic, incompetent, disobedient and insubordinate officers and staff of the Commission, it would be better if I spent them on training Citizens and PIOs in using the RTI Act properly and correctly - at least they have ears !
Thanking You,

From: Sarbajit Roy <>
To: humjanenge <>
Sent: Tuesday, July 17, 2012 4:15 PM
Subject: [HumJanenge] "Only 3 complaints lost in CIC since 2005" records IC(SG)


Respondent : Mr. Pankaj Shreyaskar,
CPIO & Director
Central Information Commission

"The Appellant states that he is extremely disappointed with the way
the Commission is working. He states that he has sent these complaints
number of times and any of his communication are being reported to be
lost. He expresses is anguish that if CIC cannot keep its records
properly how can, it set example for Public Authorities. The PIO
states that this is the only instance which is being reported and
there are no other instances which have been reported to the
Commission. The Commission recommends to the Secretary of the
commission to ensure that communication received from Appellant are
not lost and recorded properly."

Only 1 instance of CIC records not being maintained properly. <rol>
Q: Why didn't SG inquire into Pankaj Shreyaskar's bizarre statement.
Ans: Because for many years IC(SG) was responsible for digitisation of
the CIC's records.


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