FAA given date & time of hearing Malafide intention
Rajneesh Madhok
(Querist) 25 September 2009
This query is : Resolved
FAA GIVEN DATE & TIME OF PERSONAL HEARING WITH MALAFIDE INTENTION.
First Appellate Authority (FAA)
Today on 25th Sep 2009 FAA had fixed the date of hearing at 11 AM in Secretariat. At every stage there is a great drama. The address of hearing was given Room No. 507, Mini Secretariat, Punjab, Chandigarh by the FAA . On reaching the specified office on 5th Floor of Secretariat. I was told that there is no office of said FAA . Then I came to the point and enquired about all the offices concerned with School Education in Secretariat. There were 5 Secretaries of School Education. (All I.A.S. officers). As I had been served the notice and I continued my search for (Education-6 Branch), Education Department, Punjab Govt. Ultimately I succeeded in locating the office of Education-6 Branch. It was on the 2nd Floor and the office of the concerned officer was located in 207. In the notice it was not mentioned about the name of Special Secretary School Education.
On enquiring from the Superintendent I got the clue the case is concerned with this department. When I enquired about my hearing. I got an amazing reply that Mr. R.L. Mehta has gone to Maharashtra as observer on election duty. I said Sir, I had been served the notice to attend the hearing. He said all of the sudden he has been deputed for the same and secondly pointed out that there is no use to attend the hearing. As no body comes to attend personal hearing. I said I had requested several times to attend the personal hearing on phone and in my application as well. He said the respondent don’t come to attend the hearing so I think it is useless to waste your time. Secondly you have the matter concerned with Private School. The Private Schools don’t come in the purview of RTI . I said The Hon’ble FAA has himself mentioned in his notice served to the District Education Officer (S.E.) that “though you have written in your reply in Letter No.**** dt*** that the school is completely private school so the information can not be supplied to you.
Now Rajneesh Madhok has mentioned that the said school has got grants from the Govt on different works, like purchase of land, construction of building etc. So, you are directed to send your remarks whether the school has got the grant in any shape or not. If any School has got grant then it will come under the purview of the RTI .
On my this argument he directed me to go to Superintendent of Education III. Then again he directed me to go back to the same Superintendent. Then I was directed to go to Mr. J.S. Grewal, Secretary, School Education. The Superintendent of the Secretary said that we have not got any file from the concerned department so the hearing can not be attended by the Secretary. Then I was directed to go to Special Secretary, School Education Mr. Krishan Kumar’s office. Office Superintendent directed me to go to the same office and contact the superintendent of Mehta Sir. I was astonished to note when I submitted my Written Submission with regard to hearing the concened staff don’t accept the written submission saying first of all the Special Secretary will mark then we accept the letter and enter in diary.
The FAA is located 120 Kms far from my residence. I have to suffer mental and physical torture and wasted undue expenditure and wasted my time and energy due to the highhandedness of the FAA . I tried to save precious time to go to attend the hearing in SIC. In case the matter had been settled at FAA ’s level.
Though to attend the hearing was optional on my part, I attended to get the fruitful results in first hearing. Is it not wastage of time and energy and PIO has no botheration and is not concerned with the hearing. Only the appellant is being suffered.
Now what should be the next action kindly suggest. Whether I should write to the FAA in harsh tone that he has wasted my time to invite me on hearing and tried to serve notice with malafide intention. Instead of fixing a date of hearing if he would have directed the PIO to reply to my application, then the precious time and energy would have been saved. But he had not having good intention.
Whether there is a provision that FAA could be called for presence in Second Appeal . Whether I should report the matter to the SIC and file the application under Complaint . I know FAA will not be penalized in any case.
Secondly should I claim under Section 19(8)(b) to compensate the complainant for any loss or other detriment suffered. I hope only the solution the department will be having to conduct the departmental enquiry and no body will be pin pointed for the responsibility of the negligence. Can SIC can pin point the negligence and responsibility of FAA . The loss of public money involved by way of compensation being caused due to the neglect of FAA , the loss will be recovered from FAA . Will it be? Will SIC take such actions? Whether any day we shall get justice from the lobby of these babus. I request the learned friends to throw light and guide me about the next step.
As the Secretary is the head of the department. So, nobody can charge sheet him. So, the enquiry can not be made. Sir, the need of the hour is to take penal action against FAA , but there is no such provision and secondly the Commissioner will not like to take action on FAAs.
CHRONOLOGICAL CHART:
Date of Application: 1/8/09
PIO replied on: 13/8/09 received by me on 17/8/09
First Appeal : made on 19/8/09
Hearing date fixed by FAA : vide letter dated 9/9/09 received by me on 14/9/09
Rajneesh madhok,
B-xxx/63, Nehru nagar,
St. No. 2, Railway Road,>>
Phagwara-144401 (Pb)>
Raj Kumar Makkad
(Expert) 25 September 2009
It is better to come directly to the point and raise quarry accordingly so that quick reply may be given. I have gone through more than one half of your writing and have also gone through last paragraph but became unable to search any work for us.
Rajinder Bhatia
(Expert) 05 October 2010
you should report the matter to the State Information Commission before going for the Writ.
