[IAC] Information sought under Right to Information Act 2005

Tue Apr 30 22:52:11 PDT 2013

In such matters of willful disobedience of any Information commissions orders , Our HON.Karnataka high court in CCC525/2008 (contempt of Court case) Smt Arundathi Vs Co-op society has ruled that the Information commissiions have Enough Statutory powers to take Action in the inherent clause 20(1) including levy of Penalty Etc., 
Users in our State have Made use of this  High court Judgement to rein in Certain Class of PIOs who interpret statues and orders to thier whims & fancies 
Please circulate this information amongst others and file a Non compliance case with CIC

N vikramsimha , KRIA Katte , #12 Sumeru Sir M N Krishna Rao Road , Basvangudi < Bangalore 560004.

--- On Wed, 1/5/13, Sanjay Kumar Mishra <skmishra1970 at gmail.com> wrote:

From: Sanjay Kumar Mishra <skmishra1970 at gmail.com>
Subject: Re: [IAC] Information sought under Right to Information Act 2005
To: nkgupta at dpsdae.gov.in, drsandgupta at gmail.com
Cc: pradeep at barc.gov.in, "Parbodh C Bali" <pcbali at rediffmail.com>, "G.R.Vora" <grvora1 at gmail.com>, "RTI AJMER" <rtiajmer at rediffmail.com>, "India Activists Collective" <india at lists.resist.ca>, khopkar at dpsdae.gov.in, skm at dae.gov.in, ashrivas at dpsdae.gov.in, nicnet at lists.resist.ca, admo3 at dpsdae.gov.in, "Ranjiv Goyal" <goyalreporter at gmail.com>, "s.mishra" <s.mishra at nic.in>
Date: Wednesday, 1 May, 2013, 9:58 AM

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:

eDOCUMENTURGENT30 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 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 

Tel: 919888810811 | Mobile: 919888810811

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WITH WARM REGARDS

Surendera 

Tel: 919888810811 | Mobile: 919888810811

SNAIL MAIL: Office: 182/53 Industrial Area-I, UNION TERRITORY, Chandigarh - 160002 INDIA 
CEO, AvisSoft || Coordinator, RTIFED, Punjab Chandigarh || President, RTI Help & Assistance Forum Chandigarh || Life Member, Chandigarh Consumers Association || Youth for Human Rights International - YHRI - South Asia || Jt. Secretary, Amateur Judo Association of Chandigarh || Member, SPACE - Society for Promotion and Conservation of Environment, Chandigarh 

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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

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