Sunday, April 21, 2013

Re: [IAC#RG] CIC reserved orders

Dear Sarbajit

Thanks for posting this mail to the group and Ms Nidhi for her urge to get some grass root feedback on such an important issue.

I dare say, the ICs must be investigated for corruption of the worst kind- taking money from delinquent PIOs and FAAs (equal to, more than, less than the penalty liable to be imposed, based on the character of the PIO/FAA) and failing to impose the mandatory penalty under the RTI Act.

I am attaching a petition I had submitted to the Prez of India to remove the then CIC Wajahat Habibullah. Also attached is my suggested amendments to the RTI Act submittted with the petition. Later I had submitted an even more detailed list of suggestion to the Natchiappan committee of Parliament. But for now the two attached documents will suffice to discern the fraud being pertptrated by the CIC. Unfortunately the courts seems to be in league with the information commissions in subverting the transparency law.

I had similarly sought sacking of the CIC, Kerala SIC also on obvious subversion of the law but being political appointments these criminals get away with all their crimes with the support of their bigger brother criminals!

regards n bw

ravi


On Fri, Apr 19, 2013 at 1:34 PM, Sarbajit Roy <sroy.mb@gmail.com> wrote:
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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