[IAC] Information sought under Right to Information Act 2005

Sanjay Kumar Mishra skmishra1970 at gmail.com
Tue Apr 30 21:28:48 PDT 2013 

To :  MR. N.K. GUPTA, CPIO, MUMBAI.

Sir,  I am fully agree with the points raised by Mr. Bhanot through his
below e-mail dt. 30-4-2013.

Right to Information Act enacted to fulfill the purpose to bring
transparency and accountability in the working of any Public Authority who
is a custodian of Public Records and funds etc.  In our country, nobody is
beyond of law, Supreme power has been vested in citizen of India as
reflects in the first line of our Constitution i.e.  "WE, THE PEOPLE OF
INDIA....."

Any arbitrary order or thread would be illegal.  It is further stated that
no sections has been provided legal action or penalty on information seeker
who worked in good faith.  While Hon'ble CIC imposed penalty on one
requester, Hon'ble Delhi High Court has quashed that order.

Finally you have to provide certified copy of requested informations to
requester under your own signature within a time frame.


-- 
With Regards.
---
(SANJAY KUMAR MISHRA)
1224, Sec.19, Panchkula-134113.
Mobile No. +91 9872439347.
---
RTI Activist Certified by DoPT, Govt. of India,
Activist for Consumer Protection,
Member -  RTI Activist Federation, Punjab
Reporter to *"TRICITY"* Hindi Weekly Chandigarh



On Tue, Apr 30, 2013 at 9:40 PM, RTIFED - Surendera M. Bhanot <
rtifed at gmail.com> wrote:

>
> *eDOCUMENT*
> *URGENT*
> *30 April 2013*
>
> *N.K. Gupta
> *Central Public Information Officer &
> Joint Director, P&S
> Directorate of Purchase & Store,
> Vikram Sarabhai Bhavan,
> Anushaktinagar,
> Mumbai – 400 09
>
> *Dear Sir,*
>
> I take this opportunity to intervene in the matter (as the same is in the
> public domain now) of* *Dr. Sandeep Kumar Gupta, 1778. Sector 14, Hisar,
> Haryana125001 Appellant Versus  Central Public Information Officer,
> Directorate of Purchase & Store, Vikram Sarabhai Bhavan, Anushaktinagar,
> Mumbai – 400 094 Respondent Public Authority in* Case No.
> CIC/SM/A/2012/001398 decided on 08 March 2013 by *Hon’ble Satyananda
> Mishra, Central Chief Information Commissioner.
>
> In this case* *in para 6 of the order had ordered, besides other, that:
>
> *“We direct the CPIO to revisit the entire set of records relating to
> this particular transaction and to provide to the Appellant the copies of
> all those records within 10 working days of receiving this order unless he
> has reason to believe that looking to the volume the records, the
> collection and disclosure would result in disproportionate diversion of
> their resources. In the latter case, while providing any of the
> information, he can invite the Appellant to inspect the entire records.We also direct him to inform the Appellant about any action the Directorate
> might have ever taken against this particular firm and provide the copies
> of the relevant records.”*
>
> These directions of the commission have certainly not followed in toto.
> Rather the CPIO has making the “*inspection*” as a tool to avoid parting
> with information. This is a very sad state of affairs at this public
> authority in particular and in other Public Authorities in general.
>
> *Moreover, nowhere the Right to Information Act 2005 says that the
> Commission or the Central Public Information Officer or the Public
> Authority can invite the Applicant to inspect the record. Inspection is the
> sole prerogative of the Applicant under Section 2(j)(i) or as per
> Explanation to Section 4 of the Right to Information Act 2005. Commission
> cannot force the information seeker to resort to the inspection. It is the
> sole choice of the information seeker to go in for inspection. If
> information seeker does not choose the inspection route, there is nothing
> that can force him/her to resort to that.*
>
> In the repeated request to the Central Public Information Officer of
> Directorate of Purchase & Store, Vikram Sarabhai Bhavan, Anushaktinagar,
> Mumbai has been repeatedly asking the information seeker to visit Mumbai
> and inspect the record even if the information seeker has expressed his
> fear to his life and liberty if he choose to carry out the ‘impugned’
> inspection. PIO has not quelled the fear of the information seeker. Rather
> Central Public Information Officer is stressing upon the inspection.
> Central Public Information Officer is targeting many scenarios. One, CPIO
> is shooing away the information seeker with the fear of life and liberty.
> Second CPIO is gaining the gaining vital time to fiddle with the records.
> Third, he need not to give information till he is forced to through his
> nose.
>
> Secondly, the conduct of Mr. *N.K. Gupta Public Information Officer &
> Joint Director, P&S*, Directorate of Purchase & Store, Vikram Sarabhai
> Bhavan, Anushaktinagar, Mumbai – 400 094, is arrogant and not of being an
> Public Servant  of the Public Authority, as is evident from his letter
> (email of Tue, Apr 30, 2013 at 5:08 PM *Subject*:  [IAC] Information
> sought under Right to Information Act 2005 to the mailing list:
> india.lists.resist.ca *Filter messages from this mailing list *mailed-by:
>  lists.resist.ca from his email id - *nkgupta at dpsdae.gov.in* via<http://support.google.com/mail/bin/answer.py?hl=en&ctx=mail&answer=1311182>
>  lists.resist.ca reply-to:  India Activists Collective
> india at lists.resist.ca to:  drsandgupta at gmail.com with cc to the following
> email ids:
>
> pradeep at barc.gov.in,
>  india at lists.resist.ca,
>  khopkar at dpsdae.gov.in,
>  skm at dae.gov.in,
>  ashrivas at dpsdae.gov.in,
>  admo3 at dpsdae.gov.in,
>  nicnet at lists.resist.ca,
>  s.mishra at nic.in
>
> Your use of the language *- “serious, baseless and malicious allegations
> against a public authority and distorted the facts by saying that
> information has been denied to you as directed by CIC vide their order No.
> CIC/SM/A/2012/001398 dated 08th March 2013”* – can be termed as a sheer
> act of superiority and beyond your authority as a Central Public
> Information Officer
>
> In fact your (Mr. N.K. Gupta) own conduct is illegal (as per Right to
> Information Act 2005 as well as with respect to the above cited order of
> the commission; and amounts to “*misconduct*” as per the service rules
> applicable on you. The arrogance has gone into you head and you are openly
> deifying the law.
>
> Not only this, you are threatening the information seeker *“Your intent
> to malign the department by baseless allegations and usage of
> unparliamentarily language against a public authority  may lead to
> initiation of legal action by the Department”*.
>
> It is time that you may behave and provide the certified copy of the
> desired file to the information seeker for which the commission has already
> ordered you to provide within 10 days from the date of receipt of order.
> The information seeker has already refused to carry out the inspection, and
> he is within his right to do so. You have not, at any stage, invoked the
> provisions of Section 7(9) of the Right to Information Act 2005; and you
> cannot do  that at this stage now.
>
> Copy of the order in *Case No. CIC/SM/A/2012/001398 decided on 08 March
> 2013 by *Hon’ble Satyananda Mishra, Central Chief Information
> Commissioner, is attached for ready reference and records.
>
> A copy of this mail is being endorsed to the CIC.
>
> *Very Cordially yours,*
>
> *
> *
>
> *Surendera M. Bhanot*
>
> A copy of above is forwarded to:
>
> 1.          Shri Satyananda Mishra, Chief Information Commissioner, –
> w.r.t. Order No. CIC/SM/A/2012/001398 dated 08th March 2013.
>
> 2.          Shri S.K. Malhotra, Head, Public Awareness Divn., Department
> of Atomic Energy, Anushakti Bhavan, CSM Marg, Mumbai - 400 001. email:
> skm at dae.gov.in
>
> 3.          Dr.K.S. Pradeepkumar, Head, RSSD, BARC, email:
> pradeep at barc.gov.in - w.r.t. indent No.BARC/MLZ/HPD/0/09-10/1998 dated
> 17.04.2009.
>
> 4.          Dy.Director, P&S-I, DPS.
>
> 5.          APIO/Admn.Officer,DPS.
>
> 6.          Dr. Sandeep Gupta – Information Seeker.
>
> 7.          Mr. Sarbajit Roy – representative of Information Seeker
>
> 8.          Mr. P.C. Bali – President, Rights Awareness International
> Society, Amritsar.
>
> 9.          Mr. Sanjay Mishra – Correspondent, TriCity Weekly, Chandigarh
>
> 10.       Ms. Sucheta Dalal – Moneylife, Mumbai
>
> 11.      Press in general
>   *WITH WARM REGARDS
> Surendera *
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>
> On Tue, Apr 30, 2013 at 5:08 PM, <nkgupta at dpsdae.gov.in> wrote:
>
>> We are in receipt of your mail dated 29th April 2013 wherein you have cast
>> serious, baseless and malicious allegations against a public authority and
>> distorted the facts by saying that information has been denied to you as
>> directed by CIC vide their order No. CIC/SM/A/2012/001398 dated 08th March
>> 2013. You may refer to our earlier letters dated 28th March 2013 and 19th
>> April 2013 wherein you were asked to visit this office to have an
>> examination of the documents.  Therefore, the allegation that the
>> documents have been denied to you against the CIC directives are not at
>> all tenable and absolutely baseless.  Your intent to malign the department
>> by baseless allegations and usage of unparliamentary language against a
>> public authority  may lead to initiation of legal action by the
>> Department.  A copy of this mail is being endorsed to the CIC.
>>
>> In compliance with the CIC directives, you can still visit this office
>> with prior intimation for seeing the records at DPS or any of the DAE
>> office situated in Mumbai.
>>
>>
>> N.K. Gupta
>> Public Information Officer &
>> Joint Director, P&S.
>>
>>
>>
>> Cc:     Shri Satyananda Mishra
>>         Chief Information Commissioner
>>         Mumbai -   – w.r.t. Order No. CIC/SM/A/2012/
>>                       001398 dated 08th March 2013. (*)
>>
>>   :     Shri S.K. Malhotra,
>>         Head, Public Awareness Divn.,
>>         Department of Atomic Energy,
>>         Anushakti Bhavan, CSM Marg,
>>         Mumbai - 400 001. email: skm at dae.gov.in (*)
>>
>>   :     Dr.K.S. Pradeepkumar,
>>         Head, RSSD, BARC
>>         email: pradeep at barc.gov.in - w.r.t. indent No.BARC/MLZ/HPD/0/
>>                           09-10/1998 dated 17.04.2009 .  (*)
>>
>>    :     Dy.Director, P&S-I, DPS.
>>    :     APIO/Admn.Officer,DPS.
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>> > *To* *:*
>> > Shri N.K. Gupta,
>> > Joint Director P&S/CPIO,
>> > Directorate of Purchase and Stores,
>> > Vikram Sarabhai Bhawan, Anushakti Nagar,
>> > *Mumbai-400094*
>> > Date: 27.04.2013
>> > *Subject: Your letter DPS/JD/RTI-09(168)/2013/555 dated 19.04.2013*
>> >           By your letter above mentioned you have again requested me to
>> > visit the Directorate at Mumbai with prior appointment for inspection of
>> the records despite my previous objection to this.
>> >           Please note that your offer to merely provide me inspection of
>> a
>> > few records at Mumbai, which records also you are not prepared to list
>> out
>> > for me in advance, does not meet my requirements, since the *form* of
>> information access I have requested the information to be provided to me
>> is
>> > in the form of authenticated / true copy(s) of such records as have been
>> very well specified by me and are very well known to you.
>> >           Please refer my previous letter whereupon I had specifically
>> > called upon you to confirm if it was your case that the information I
>> had
>> > requested was voluminous in nature and would disproportionately divert
>> your
>> > dept's resources. I had also requested you to provide me a list of
>> documents which would be provided to me along with the number of pages
>> which I would be given inspection of (which is the primary duty of the
>> PIO).
>> >           I observe that you have neither been able to confirm that the
>> > information is voluminous etc., nor have you provided me the list of
>> information which you hold and shall disclose to me.
>> >           Accordingly, I am caused to believe that you are in league
>> with
>> > certain anti-national mafias (*controlled from Pakistan*) who are
>> looting
>> > your department with impunity, so as to lure me to Mumbai under the
>> pretext
>> > of providing me information there.
>> >           I therefore call upon you to immediately provide me (within 14
>> > days of my letter) by Registered Post the duly authenticated
>> photo-copies
>> > of all the files (complete in all respects) which the Honourable CIC had
>> directed is to be given to me vide order dt 08.03.2013 in F.No.
>> > CIC/SM/A/2012/001398.
>> >           *You may particularly take note that you are in wilful
>> > breach/disobedience of a clear direction issued by a public servant
>> acting
>> > under his lawful powers directing you to provide me the said information
>> within 10 working days, after all your frivolous objections and denials
>> were dismissed in appeal, and which has attained FINALITY.*
>> >           Also take notice that I believe that anti-national officers
>> like
>> > yourself, acting as puppets of the nation's enemies, ought also to be
>> reported to the National Investigation Agency (or other specialist bodies)
>> > and I shall do so if you persist with your corrupt and mis-conductive
>> ways
>> > and don't provide me the information in hardcopy and forthwith as was
>> directed.
>> >           Due to the threat perception from you and your conspirators, I
>> > am
>> > circulating this email widely throughout the nation to anti-corruption
>> activists, and with copies to all the Senior Govt functionaries,
>> including
>> > your Dept�s Minister and the Secretary over the "NICNET" so that the
>> true
>> > state of affairs inside the Dept of Atomic Energy is known.
>> > (*Dr Sandeep Kumar Gupta*,)
>> > General Secretary
>> > (*India Against Corruption*)
>> > 1778, Sector 14, Hisar-125001, Haryana
>> > 09992931181
>> > --
>> > This message has been scanned for viruses and
>> > dangerous content by MailScanner, and is
>> > believed to be clean.
>>
>>
>>
>>
>>
>>
>>
>> --
>> This message has been scanned for viruses and
>> dangerous content by MailScanner, and is
>> believed to be clean.
>>
>> _______________________________________________
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>
>
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