APPLICATION FOR INFORMATION UNDER RTI ACT 2005
Date: 02.03.2010
From: Nilesh Wankhede
District President,
Dr. Babasaheb Ambedkar Democratic Rights Forum,
“Ambedkar Sewa Sadan”, Tilak Ward, Post-WARORA,
Distt. Chandrapur (Maharashtra)PIN-442907.
To: Public Information Officer
Social Justice and
Special Assistance Department,
Mantralaya, Mumbai – 400 032.
I, Nilesh Wankhede, as a citizen of India, required some information under RTI Act 2005, which is being kept & controlled by your office. Please note that the requisite information is needed to calculate & recovery of public money which is unduly paid to public servants of your department as salary even though for the period when they were not present on work. The copies of recoveries statements which are under preparation to issue notice to Chief Secretary of State for filling a Public Interest Litigation for recovery of mishandled public money by public servants of Mantralaya secretariat, are enclosed herewith (ANNEXURE-I & ANNEXURE-II at pages- 1 to 130 and 131 to 248) for your ready reference so that you can understand importance of requisite information as the same has to be submitted as documentary evidence. Please do not mishandle or misguide into the matter as you have done in every previous application and give the proper, clear & complete information as detailed below in 9 items. It is a very sensitive matter of public interest and so in case any more mishandling into it, the matter will be taken up before public through Media so please take note of it.
A copy of your letter No._____________________________ dated 13 November, 2009 is enclosed (ANNEXURE-III at page-249) herewith for your ready reference. The said letter was sent by you as reply in response to my application dated 16.10.2009 (ANNEXURE-IV at pages-250 to 256). The requirement of information was left unfulfilled by you on every important item for which you had only given your repeated tongue statement that “…KARWAI CHALU AAHE…” etc. but no required documents were given by you at that time. Now, after a period of 4 months we hope that the undergoing action will be completed and the documents related with such action will be ready at yours. Therefore, please give me the following information;
(1) It was stated by you that “…………………….......................... ……………………………………………………………………………………….. ……………………………………………………………………………………….. ………………………………………………………..” Under this pretext you had denied to provide the data of records of attendance of public servants who are working in your department. We hope that at least now you will be prepared to provide the requisite data records of Attendance Management System of the public servants working in your department. Therefore please give me;
(i) the data of attendance for the entire period since when the Attendance Management System is provided, up to date in the form of Diskette.
(ii) please also give me the certified copies of all file notings / correspondence documents whichever have been made for recovery of overpaid public money to the public servants who reported to office late during last five from the year 2005 up to now, as stated by you in your letter dated 13 November 2009. Please also give me certified copies of rulings based on which the recoveries and disciplinary action is being done. I also want to observe personally all documents/ files in this connection. I will submit my requirements of copies of any more documents after the observation.
[In this regard please note that the amount of public money paid to such defaulter public servants who come to the office late after stipulated time 09:55 hrs., 09:30 hrs. in case of Peon etc., for which the amount equal to their half day emoluments have to be recovered following with disciplinary action. Similar action should be done for their late arrival during grace time between 09:45 hrs. and 09:55 hrs. for every 3 occasions.]
(2) In your said letter dated 13 November 2009, it was stated by you that “……………………………………………………………………. ………………………………………………………………………………………..” No document was given by you at that time. Now, please give me;
(i) the attested copies of all file notings/ correspondence letters whichever have been made in this regard.
(ii) Please also give me certified copies of rulings based on which the recoveries and disciplinary action is being done.
(iii) I also want to observe personally the files/documents related with this action and I will submit requirements of copies after observation.
[In this regard please note that the amount of public money paid to such defaulter public servants who left the office before stipulated time 17:30 hrs., 18:15 hrs. in case of Peon etc., for which the amount of public money equal to their half day emoluments have to be recovered following with disciplinary action.]
(3) In your said letter dated 13 November 2009, it was stated by you that ……………………………………………………………………… ……………………………………………………………………………………….... ……………………………………….. No document was given by you at that time. Now, please give me;
(i) The attested copies of all file notings/ correspondence letters whichever have been made while initiation of disciplinary action as stated by you. I also want to observe personally the files/documents related with this action and I will submit requirements of copies after observation.
(ii) Please also give me attested copies of all the letters by which the public servants were nominated / called / permitted to come office on holidays during the period from January 2005, up to date.
[For your ready reference, a copy of your letter dated 29 July 2009 is enclosed herewith (ANNEXURE-V at page-257) wherein you have stated that “…………………………… …………………………….…………………………………………………………… ……………………………” which you have sent in reply to an application dated 16 July 2009 (ANNEXURE-VI at page-258) which is reiterated that; “Please give me an attested copy of authentic document such as any GR/Order/Ordinance etc. by which the Head of Department of your office is become empowered to pass oral orders to call the public servants of your department in office on holidays and to call woman employees before office working time i.e. 09:45 AM and/or to detain woman employees after office working time i.e. 05:30 PM.” Therefore, it is clear that all such orders are illegal and compensatory off given to public servants who come office on holidays and hence loss public money has to be recovered and necessary legal action has to be initiated for misuse of powers of Government post.
It is to be clear that public servants are not allowed to enter into Government premises beyond stipulated working time in normal course. In this regard, Government have already issued instruction vide Circular No.OFT-1055 dated 13th August 1955 (copy enclosed as ANNEXURE-VII at page-259). It has been instructed by this circular that the ladies should not be allowed to attend the office before and after working time of office. Circular No. OFT-1072-23316-B dated17th July 1973 (copy enclosed as ANNEXURE-VIII at page-260) By this circular the instructions issued under Circular No.OFT-1965-B dt. 30th October, 1965 have been reviewed and it is instructed that;
(i) “Woman clerical staff without any exception should not be detained in office after the prescribed office hours or the permissible hour of late sitting and that calling upon woman employees by male officers at late hours in the night should be totally prohibited. Government has already issued instructions in this behalf in Government Circulars, General Administration Department No. OFT-1055 dated the 13th August, 1955 and No. OFT-1065-B, dated the 30th October, 1965. Government desires that the instructions regarding late hour working by woman employees in Government offices issued therein should be scrupulously observed by all concerned.”
(ii) Government has also decided that in view of the fact that Saturdays (except second and fourth Saturdays in each month) are now working days, woman employees staying at distant places from their place of work should not be given late-turns on any day. All Departments of the Secretariat and the Heads of Department and Offices under them are requested to see that the above instructions are observed.
(Instruction laid down here with that in case of any violence of these instructions Heads of the Departments will be held responsible. But it is seen that HODs themselves pass illegal orders by misusing the status of their post. Hence it is needed that public/citizens should initiate legal action to penalize the defaulter public servants who misuses the Government office premises. The requisite information is needed so far.)
I like to reiterate your illogical statement wherein you have said that “………………………………………..………………………………………………. ………………………………………………………………………………………………”. You public servants are pretending yourselves as Superior to Government and superior to public. So what was the need for Government to issue such instructions? While going through the said circulars it is very easy to understand that the Mantralaya offices are misused by public servants for exploitation of woman employees or for mutual unwanted s*xual activities like a safe & free place under pretext of “TAATDICHE KAMASATHI”. It is proved by viewing the trend of late arrivals as to whether they are work oriented or they use office for time pass and earning without work? Please have a view on the records of Attendance Management System. How many hours they remains present on holidays and taking granted compensatory off on a full working day and full emoluments in lieu of NO WORK? It’s all consequences due to late arrival and ignorant attitude toward public work and work remains ever pending. During working time public servants passes time by playing cards on official computers and they remains in late evening and detains to their female subordinates under pretext of “TAATDICHE KAMASATHI” as such on holidays too. Hence it is very necessary to restrict their presence in office premise beyond stipulated working time.]
(4) In your said letter dated 13 November 2009, it was stated by you that ……………………………………………………………………. ……………………………………………………………………………………….... ……………………………………….. Please note that the copies of documents were requested by SPEED POST and not by personal visit from Warora to Mumbai as it will be much expensive and unnecessary exercise. Now, please give me attested copies of all file notings/ correspondence letters whichever have been made in this regard.
(5) In your said letter dated 13 November 2009, it was stated by you that ……………………………………………………………………. ……………………………………………………………………………………….... ……………………………………….. No document was given by you at that time. Now, please give me attested copies of all file notings/ correspondence letters whichever have been made in this regard.
(6) In your said letter dated 13 November 2009, it was stated by you that ……………………………………………………………………. ……………………………………………………………………………………….... …….. No document was given by you at that time. Now, please give me attested copies of all file notings/ correspondence letters whichever have been made in this regard.
(7) Please give me attested copies of authentic documents/ record from which monthly gross pay paid to public servants of your department can be seen. Please give the information for the period of last 5 years from January 2005 up to now.
(8) It is a big misconduct of responsible public servants working on responsible posts in Establishment and Accounts Branches of your office as how the payments have been passed without examination of attendance particulars and without making recoveries of ill presence and timely action not done. Therefore, please give me certified copies of all posting orders of all the public servants whosoever posted in Establishment and Accounts Branches as Desk Officer/ Under Secretary/ Deputy Secretary during the period from January 2005 up to now, so that the same can be submitted for necessary disciplinary as well as legal action for ignorance of duties and mishandling of public money.
(9) Please give me;
(i) attested copies (Print-outs) of daily attendance record of 31 March 2005, 31 March 2006, 31 March 2007, 31 March 2008 and 31 March 2009. It is noticed that some public servants of your department were remained up to late nights under pretext of “CLOSING DAY OF THE YEAR” and some woman employees were also detained forcefully under this pretext.
(ii) please also give me attested copies of periodical working report of public servants who ever remains in office after stipulated working time i.e. 05:30 PM and detains their female subordinates. It is required to review on their working record as to why they do not keep the work updated and how they completes the closing work on a last date.
The court fees stamp valued Rs.10/- is affixed on this application toward fees for application for information under RTI Act 2005. I am ready to pay all required charges as per provision. I will personally collect the information for which I may be informed on my mobile phone number 93 2434 5454 or by speed post, to avoid delay in communication, whenever the information is ready so that I will come to pay the charges and collect the information.
Signature of Applicant
Place: Warora, Chandrapur.
Date: 02.03.2010
(Nilesh Wankhede)
