Saturday, April 20, 2013

Re: [IAC#RG] CIC reserved orders

It seems the person who is only involved with RTI and using office things and doing his/her office duties then even he can be asked about the status of the work given to him / her. Or the person is really aggrieved by his/ her office on the matters asked in RTI.
The office must look into both the aspects and take appropriate Action to avoid compromise on other activities.


Varsha 


On Apr 19, 2013, at 8:36 PM, Dharmendra Kumar Dewan <dsmcho@gmail.com> wrote:

1. Though i have not been active on this link trail, yet the issue of RTI is one such that i may like to seek clarification from learned group members. Can a government official/ Officer use RTI provision to dig into  official working in his/her own office set up, ostensibly to settle some personal scores?   If the answer is 'yes', then can he/she be using the official functioning time & office stationary/computers etc only in these RTI activities all through the day?. Imagine the establishment getting involved in searching for information from old records of decades, leaving the time bound productive activities which are compromised in the process. 

 The RTI Act as i understand was intended to bring relief to the common man in getting relevant information from government department(s) for the common good of the populace & also of the individual concerned without in any way targeting any governmental functionary in particular. I will stand corrected if that is not the case .

2. Another burning issue in the country is on 'Governance'. C


On Fri, Apr 19, 2013 at 6:05 PM, Sarbajit Roy <sroy.mb@gmail.com> wrote:
Dear Col Sood

I suspect you are referring to the matter before IC O.P.Kejriwal where he directed (on grounds of anti-corruption) that immoveable property asset details of HAL officers would be disclosed to an applicant  masquerading as an RTI activist. If so, your suspicion is correct.

Sarbajit

On Fri, Apr 19, 2013 at 3:43 PM, gopal krishan sood <gsoodk50@hotmail.com> wrote:
Dear Nidhi,
What Mr Sarbjit has written much of it is true. I have been a PIO of Def CPSU and been a witness to such practices. In fact in one among many such cases  I was summoned by the office of the CIC and before I could sit the IC started dictating his decision. Even after a lot of persuasion to hear me out, he did listen for 45 mins as a formality, but gave the same pre decided ruling which had wider ramification.
Yet on another count there were serious allegation against the IC, too well known to people in those days. 

Rgrds

COL GK Sood 


Date: Fri, 19 Apr 2013 13:34:23 +0530
From: sroy.mb@gmail.com
To: nidhi2479@gmail.com; indiaresists@lists.riseup.net
Subject: [IAC#RG] CIC reserved orders


Dear Nidhi

I'm posting this to a mailing list as you requested

From my own experience I can state as follows:-

CIC decisions are reserved when

a) The IC is incompetent and circulates it to his cronies for advise when he gets stuck.

b)  The IC and the Public Authority have predecided the matter before the hearing, but the appellant throws them off course in the hearing and disrupts their well laid plans so they need to reserve it.

c) Open disagreement between the members of a Bench. This happened to in one of my cases (DDA matter) between Wajahat Habibullah and M.L.Sharma, and Mr. Habibullah ended up drafting a bizarre order which resulted in CIC Management Regulations 2007 being struck down in the High Court for his arrogance.

d) IC needs to seek advise of CIC's Legal dept.

e) IC concerned simply hands it over to the "winning side" to draft. I have personally drafted many orders at CIC which were simply brushed up and delivered by them later.

Sarbajit

On Mon, Apr 15, 2013 at 6:35 PM, Nidhi Sharma <nidhi2479@gmail.com> wrote:
Dear Sarbajit

I am working on a story on CIC and would appreciate your help and inputs. I have come across a few cases where CIC hears final arguments and reserves its judgements  for months. I was wondering if you have come across the same problem in your interactions with CIC? Or would it be possible for you to put this question across to your googlegroup and see if there are some responses?

Would appreciate your help
Regards
Nidhi

--
Nidhi Sharma
Special Correspondent
Political Bureau
The Economic Times
Times House, 2nd Floor
7 Bahadur Shah Zafar Marg
New Delhi 110002
Phone: 9810023828/ 011-23492000 (Extn 2526)



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