What do you do after e-filing of second appeal or complaint with Central Information Commission?

http://www.box.com/s/bflfyn4rx05xyacmslgx

What do you do after e-filing of second appeal or complaint with Central Information Commission, New Delhi?

Large number of citizens who e-file appeals/complaints at www.rti.india.gov.in  are facing problem of getting it admitted at CIC. I append below steps to be initiated:

1. On e-filing second appeal or complaint at www.rti.india.gov.in save pdf copy of final appeal/complaint generated by system on your computer and print out two hard copies. Please do not confuse with provisional copy generated by system. In case of provisional copy, number of appeal or complaint is prefixed with letter P.

2. Sign all pages of print out with date. Retain one more hard copy on your file for future reference.

3. Mail signed copy of print out by speed post with a covering letter giving details of appeal/complaint No. etc to CIC at following address:

Dy. Registrar, Central Information Commission,

August Kranti Bhavan, Bhikaji Cama Place, New Delhi - 110 066.

Send copy of this covering letter [only] to CPIO and FAA by email or ordinary post [he may now perhaps submit information sought by you].

4. After 5-6 days track speed post at www.indiapost.gov.in and down load tracking results and note date of delivery at CIC on computer.

5. Again after 10 days visit www.cic.gov.in and open “status of appeals and complaints” icon. Mark diary option and fill in the details. It will show diary No. with date [inward number and date of inward] of receipt of signed copy of print-out.  Note down diary number and date.

6. If you do not find diary number as above, it means envelope is delivered by post office to CIC, but it is not opened or inwarded. In that case send email to concerned Dy. Registrar [refer note A below on how to locate concerned Dy. Registrar who will process your appeal/complaint] as under:

I have efiled appeal/complaint No. ____________ on _____[date] and mailed signed copy of print out on ______ under speed post No. ________, which has been delivered to CIC on _______ as per tracking system  [copy enclosed]. Please inform me diary number and admit appeal/complaint.

---Your name and address with mobile number.

7. Again after 5-6 days try to find out diary number and date and note down the same.

8. One month after getting diary number, again visit www.cic.gov.in to locate status of the appeal/complaint. If it is admitted, it will show file number which again note down in your records, with screen shot on the computer for future reference.

9. However, mostly it will show “signed copy awaited” remarks. Now this time you address another letter [to be emailed and sent by speed post] to concerned Dy. Registrar giving reference of letter under which you first sent signed copy as per point No. 3 supra, speed post number, date of delivery at CIC, diary number and date [if available] and again enclose freshly signed and dated extra photocopies by printing from your computer data base, which you had down loaded after efiling as per point No. 1 supra.

10. After 5-6 days track this second speed post article on www.indiapost.gov.in and down load tracking results and note down date of delivery. Inform concerned Dy. Registrar by email that your letter dated ____, under which you attached second signed copy is delivered to CIC on ________ and enclose tracking results to this email.

11 After 10 days locate diary number and date of your second letter sent as per item No. 10 by repeating process as mentioned in point No. 5. If you do not get diary number recheck again after 5 days and hopefully you will get diary number.

12 Now send email to concerned Dy. Registrar as under:

I have efiled appeal/complaint No. ____________ on _____[date] and mailed signed copy of print out on ______ under speed post No. ________, which has been delivered to CIC on _______ as per tracking system. No diary number is available on website for this post. Please enquire for missing post.

Since status of appeal/complaint was showing “signed copy awaited” as on  ________, I again mailed second signed copy of print out on _______ per speed post No. _________, which has been delivered to CIC on ______. Diary No. is ______ dated ______ as per your website status.

Please admit appeal/complaint since I have mailed signed copy twice as above and inform me file number.

---Your name and address with mobile number.

13. After another one month again track at www.cic.gov.in to know status of appeal/complaint and mostly file number would have been allotted. Now you have to wait for 3 to 6 months for intimation about hearing. Even after receipt of signed copy of print out, it may take one month or more to admit appeal/complaint after scrutiny. Till that time status will show that it is under process or scrutiny.

14. In case if you do not get file number or diary number till completing formalities up to point No. 13, file RTI application with CPIO of CIC giving entire details and seeking information as per following links in relation to your appeal/complaint number, letters for first and second signed copy of print out:

Long pending? :

http://www.rtiindia.org/forum/blogs/jps50/69-any-thing-pending-govt.html

Central Govt. application:

http://www.rtiindia.org/forum/blogs/jps50/19-rti-application-central-govt-info.html

15. On receipt of RTI as above your appeal or complaint will be admitted and you will be informed file number by email and as a reply to your RTI.

Note:

A] To locate which information commissioner [IC] will decide your appeal/complaint, visit “work distribution at CIC” icon on left hand side of www.cic.gov.in. Depending upon public authority you can locate name of IC. Full names can be ascertained by clicking the photos on home page. IC [SM] means Shri Satyananda Mishra, IC [SG] means Shri Shailesh Gandhi, etc etc. He will decide your appeal/complaint and his registry headed by Dy. Registrar will handle it. After locating IC, open “Contact Us” link [ left hand last icon] and find out name and email ID etc of Dy.  Registrar [designated officer] attached to concerned IC for example Shri T K Mohapatra, Dy Registrar [with email tk.mohapatra@nic.in and phone No. 26105027] is attached to IC Mrs. Deepak Sandhu.

If there is inordinate delay in admitting appeal/complaint, you can send emails to IC who is to decide it. His/her email ID is available in his/her  bio-data which can be accessed by clicking his/her photo on home page of www.cic.gov.in

B] If you are not at a center from where speed post can be booked in post office, you may mail by registered post. Now registered articles can also be tracked at www.indiapost.gov.in or AD has to be used for date of delivery of envelope at CIC.

C. I invite kind perusal of my letter requesting CIC to do away with avoidable procedure of signed copy, which is causing undue delay and harassment to appellants / complainants. It is posted at http://www.box.com/s/shz9n5dxav6v9zs46bk6

D] Whole process is as under:

e-file, download computer generated printout, print out, mail by speed post to CIC, track delivery of signed copy of print out, ascertain diary number, ascertain status, represent if no diary number or file number, wait for hearing and decision.

E] If you find above process cumbersome file in hard copy by visiting:

SECOND APPEAL GUIDE [CENTRAL]:

http://www.rtiindia.org/forum/blogs/jps50/16-second-appeal-complaint-cic-guidelines.html

SECOND APPEAL FORMAT [CENTRAL]:

http://www.rtiindia.org/forum/blogs/jps50/15-second-appeal-complaint-cic-format.html

HOW TO COMPLAIN U/S 18 [CENTRAL/STATE]

http://www.rtiindia.org/guide/how-to-use-your-right-to-information-4/complaint-under-rti-act-2005-24/

E-filing Appeals and Complaints at CIC–Signed Copy Procedure

Date: 08-01-2012                                                   

To,

Chief Information Commissioner

Central Information Commission,

August Kranti Bhavan, Bhikaji Cama Place,

New Delhi - 110 066

Email: s.mishra@nic.in

Dear Sir,

Subject: E-filing Appeals and Complaints –Signed Copy Procedure

I extend my good wishes for new year 2012 to you and all staff at CIC and their families.

Whenever appeals or complaints are efiled at www.rti.india.gov.in, such appeals/complaints are kept pending for want of signed copy. The status shows “Signed copy awaited”

02. In fact most of the appellants/complainants cannot decipher what above status means. No instruction flashes on website after submitting appeal/complaint, which guides appellant/complainant that signed hard copy of  print-out of downloaded appeal/complaint has to be sent to CIC. This delays admission of appeal/complaints and also gives rise to avoidable confusion.

03. It is experienced that even after repeated mailing of signed copies through registered or speed post, appeals/complaints are not admitted and status continues to show that signed copy is awaited.

04. There is possibility of maneuvering by staff of CIC to delay or frustrate admission of appeals/complaints even when signed copy is received by CIC.

05. Appellants/complainants are required to track delivery of speed post at www.indiapost.gov.in or await AD of registered post and then trace diary number at CIC website and then represent again to Dy. Registrar of concerned IC. This is time consuming, irritating even to educated and tech-savvy citizens. You can guess what would be happening to common citizen of this country.

06. I could not comprehend rationale in seeking signed copy. If it is for authenticity, then the present system does not meet the requirement, since imposter can sign print-out and mail to CIC. CIC has no mechanism [nor it requires] to verify signatures on signed print-outs.

07. I have my own reservations, as to number of signed print-out copies that are being really scrutinized by CIC staff.

08. Thus signed copy procedure does not serve any purpose but only creates delays, maneuvering by CIC staff, increases workload at CIC, causes inconvenience and increases cost to appellants/complainants for postal charges and auto or petrol charges for visiting post offices. The very purpose of e-filing gets defeated by such a system.

09. Banks accept unsigned emails from customers for non-monetary transactions and complaints etc. Directorate of Public Grievances and website of President of India do not require such signed copies when complaints are efiled. Most of central and state Govt departments reply to emails without waiting or insisting for signed copies. E-filing has sanction of law for evidences etc without signed hardcopies.

10.  If at all CIC is so keen on authentication etc of appeals and complaints, it can provide that all papers created by appellants/complainants [e.g. RTI application, first appeal, second appeal or complaint etc] should be signed by him and scanned copy in pdf format should only be uploaded while efiling. Thus CIC will have all the papers [including replies of CPIO and FAA etc] duly singed by concerned appellants/complainant and officers of public authority. This will not necessitate submission of signed copy of print-outs and hence appeals/complaints can be admitted without delay.

 11. My humble suggestion is to do away with system of signed copy. This will improve service of CIC and appellants/complainants will be relived of unnecessary delay, cost and inconvenience of signed copy business. It will also reduce workload of CIC staff in receiving, opening, handling dak, distribution, reading [or say scrutinizing] it and filing in the docket, storing, weeding out etc. This will save environment, since less papers will be used.

Yours faithfully,

J. P. Shah

_______________________________________________________________

The basis of every law or every rule OR EVERY EXERCISE OF DISCRETION or every decision govt. or govt. agencies take, is on the premise of greatest good of the greatest number of people.

TRY SEC 80 OF CIVIL PROCEDURE CODE FOR RTI

        TRY SEC 80 OF CIVIL PROCEDURE CODE FOR RTI

Section 80 of Civil Procedure Code 1908 states as under:

“80. Notice— [54][(1)][55][Save as otherwise provided in sub-section (2), no suits shall be instituted against the Government (including the Government of the State of Jammu & Kashmir) or against a public officer in respect of any act purporting to be done by such officer in his official capacity, until the expiration of two months next after notice in writing has been delivered to, or left at the office of—

(a) in the case of a suit against the Central Government, except where it relates to a railway, a Secretary to that Government;

(b) in the case of a suit against the Central Government where it relates to railway, the General Manager of that railway;

(bb) in the case of a suit against the Government of the State of Jammu and Kashmir the Chief Secretary to that Government or any other officer authorised by that Government in this behalf;

(c) in the case of a suit against any other State Government, a Secretary to that Government or the Collector of the district;

and, in the case of a public officer, delivered to him or left at this office, stating the cause of action, the name, description and place of residence of the plaintiff and the relief which he claims; and the plaint shall contain a statement that such notice has been so delivered or left.”

Thus it is mandatory that such a notice should be issued to Secretary of Ministry or Department overseeing public authority from whom you have failed to get proper information under RTI Act.

This notice can be used as an added avenue, especially because second appeals and complaints to CIC/SICs are taking too long a period. Consumer forums and National/State Human Rights Commissions also take one to two years to decide. Reference to Secretary may sensitize him, head of public authority and PIO/FAA to respond. I am attaching format of notice which can be used with changes to suit your case.

_______________________________________________________________________

From:

Name:

Address:

Cell No.

Email ID

____________________________________________________________________

Date: __________                                                

by  Regd or speed ad post & email

To,

Secretary,

_________________Ministry [ for central govt.] OR

_________________ Department [ for state govt.]

______________________

Dear Sir,

Subject:  NOTICE UNDER SEC 80 OF Civil Procedure Code 1908

I had sought certain information from PIO of public authority falling under your ministry / department; under The Right to Information Act 2005 vide my RTI application dated __________ [copy enclosed with proof of mailing or receipt].

02. I have not received reply from PIO within period mandated in RTI Act.

OR

Since I did not get reply within stipulated time I filed first appeal dated ______. Copy of appeal is enclosed with proof of its mailing or receipt.

OR

I have received reply vide letter No. __________ dated ______ [copy attached] and it has following deficiencies:

A] Reply is delayed beyond stipulated time limit under RTI Act

B]

C]

03. The foregoing amounts to breach of my rights under RTI Act. This also leads to violation of Fundamental Rights, Human Rights as defined by United Nations Declaration and Consumer Rights under Consumer Protection Act. This situation has given rise to cause of action for legal action against head of concerned public authority, its PIO [and First Appellate Authority].

04. For your ready reference, I quote from judgement dated 02-08-2005 of Hon’ble Supreme Court of India in Writ Petition (civil) 496 of 2002 -Salem Advocate Bar Association, Tamil Nadu v/s Union of India, as under:

             

                “Having regard to the existing state of affairs, we direct all Governments, Central or State or other authorities concerned that whenever any notice is received by them, they have to ensure that replies to notices are sent within the period stipulated time. The replies shall be sent after due application of mind. Despite this, if the court finds that either the notice has not been replied to or the reply is evasive and vague and has been sent without proper application of mind, the court shall ordinarily award heavy costs against the Government and direct it to take appropriate action against the officer concerned including recovery of costs from him.”

            “Every public authority shall appoint an officer responsible to take appropriate action on a notice issued under S.80 of the Code of Civil Procedure. Every such officer shall take appropriate action on receipt of such notice. If the Court finds that the concerned officer, on receipt of the notice, failed to take necessary action or was negligent in taking the necessary steps, the Court shall hold such officer responsible and recommend appropriate disciplinary action by the concerned authority.”

05. Before I proceed further, I request you to kindly supply or cause to be supplied complete, correct and relevant information sought by me immediately and also order payment of an amount of Rs.50000/-[Rs. fifty thousand only], towards damages, compensation, cost, inconvenience, mental agony and tension and breach of my fundamental rights under article 19.1.a of Constitution of India and human rights; latest within 60 days from the date of receipt of this notice by you. 

06. If I do not receive satisfactory reply to my above mentioned queries within a specified time of two months from the date of receipt of this notice by you, it will be construed by me as contempt of court and may be proceeded against in a Court of Law.

07.In addition to above, I request you to please order departmental action under service rules against erring officers of concerned public authority for defiance of law, dereliction of duties and infringement of aforesaid rights of a common Indian,  under advice to me.

08. As Secretary of Ministry / Department, you should not tolerate such bluntant violation of laws passed by Parliament, which will again amount to abetment of violation of laws of the country and rule of law on your part.

09. Please note that this notice is without prejudice to writ which I may file in Hon’ble High Court under article 226 of the Constitution for violation of my fundamental rights.

10. I also quote for your information:

a. In Lucknow Development Authority V/S M .K. Gupta the Apex Court held that when public servants by malafide, oppressive and capricious acts in performance of official duty causes injustice harassment and agony to common man, renders the State or its instrumentality liable to pay damages to the person aggrieved. And the State or its instrumentality is duty bound to recover the amount of compensation so paid from the public servant concerned. (1994) 1 SCC 24,

b. “If   civilization   is   not   to   perish   in   this   country   as   it   has perished in some others too well known to suffer mention, it is  necessary   to  educate  ourselves   into  accepting  that,  respect   for   the   rights   of   individuals   is   the   true   bastion   of   democracy.   Therefore, the State must repair the damage done by its officers to   the   petitioner's   rights.   It   may   have   recourse   against   those officers."-  Hon’ble Supreme Court in Rudul Sah v. State of Bihar (1983) 4 SCC 141.

Yours faithfully,

[ __________]

Encls: as above

Copies by post and email [if any] to:

1. Head of Public Authority and his address

2. PIO and his address

3. First Appellate Authority [ if first appeal is filed] & his address

Gujarat University- Proactive Disclosure

Date: 20-11-2011                                        By post & email

The Vice Chancellor,

Gujarat University,

Navrangpura, Ahmedabad – 380 009

registrar.gu53@gmail.com

Dear Sir,

Subject: Proactive Disclosure under The Right to Information Act 2005.

While browsing website of University http://www.gujaratuniversity.org.in/web/index.asp, I did not locate above disclosures, which University should have disseminated and placed in public domain by 06-02-2006 as per section 4.1.b of RTI Act 2005. I am sure this august and oldest University of the State would have definitely complied with provisions of law enacted by Central Govt.

I therefore request you to kindly inform me link on the website of above disclosure. In case University has made such disclosures but has not preferred to upload on its website, please mail me soft or hard copies of such disclosures. I would be happy to know reasons if any, for not uploading and updating above disclosures on website of the University.

05. I humbly quote:

While transparency reduces corruption, good governance goes beyond transparency in achieving openness. Openness means involving the stakeholders in decision-making process. Transparency is the right to information while openness is the right to participation.

-Narendrabhai Modi Hon’ble CM Gujarat at http://www.narendramodi.in/quotes     

Yours faithfully,

J. P. Shah

Pendency at CIC & SICs

Date: 17-11-2011   

Dear RTIian,

Subject: Pendency at CIC & SICs

I am attaching statistics compiled by Shri C. J. Karira of Secunderabad. The data reveal that due to paucity of ICs, RTI is being consigned to death bed systematically, surreptitiously and corruptibly by Govts and other vested interests. Citizens are losing faith in RTI due to such alarming back-log. PIOs and FAAs do not take RTI seriously any more. Efficiently functioning CIC and SICs are sine qua non for effective RTI.

2. Govts at Centre and States are trying to puncture RTI by interalia not posting adequate number of ICs to effectively match flow of second appeals/complaints. Those posted as ICs are taking this assignment as time pass after retirement. No committed and capable ICs are posted by resorting to manipulation in appointment process. ICs are not provided office and human infrastructure so that there is no efficient functioning at CIC/SICs.

3. In Gujarat, second appeals/complaints filed in early 2008 are being heard now. Nearly 8000 appeals and complaints are pending. Recently new CIC and one IC are selected and will start functioning hopefully shortly. At present there is only one IC without CIC at GIC. A senior citizens’ NGO has filed writ in Sept 2011 for appointment of 6 ICs in GIC. It is pending. In late 2009  Shri Amit Jethwa [murdered on 20-10-2010] had filed PIL for appointment of 2 ICs and he succeeded in getting appointed two ICs in March 2010 through High Court. I had given inputs and refined this PIL.

4. In my humble opinion, we should file a PIL in Supreme Court, as it affects fundamental rights of Indians all over country. Activists in or near Delhi can take up this matter. Others can provide finance and inputs. I am prepared to initially contribute Rs.5000/- for this purpose. If we can get citizen centric advocate who will not charge his fees in larger public interest, then cost of litigation will be less than Rs.10000/-. At the most with advocate fee etc I think cost of PIL will be not more than Rs.75000/-. It will not be possible for me to visit Delhi due to health problems.

5. Govts do not understand any language except language of higher judiciary. Hence PIL in SC is the only effective way out. Recently as SC decided in PIL of All India Road Network Users Association, we will be required to first issue notices to Central and all defaulting State Govts before filing PIL. Hence let us start with first step of legal notices.

6. I hope my above submission will be taken into consideration by you, being one of those who care for RTI, rule of law and good governance.

Yours sincerely,

J P Shah

Encl: 1

_________________________________________________________

Speaking on the eve of Indian Independence Winston Churchill said "Power will go to the hands of rascals, rogues and freebooters. All Indian leaders will be of low caliber and men of straw."  The Indians and Indian politicians have proved that the premonition of Winston Churchill is true.