(Guest)

RTI Dt.02.03.2010 to Social Justice Secretariat - MAHARASTRA

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 13^th 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. 30^th 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 13^th August, 1955 and No. OFT-1065-B, dated the 30^th 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)

Reply Follow

6 Replies

(Guest)

APPEAL UNDER SECTION 19 (1) OF RTI ACT 2005

Date: 09.04.2010

From:

Nilesh Wankhede

District President,

Dr. Babasaheb Ambedkar Democratic Rights Forum,

“Ambedkar Sewa Sadan”,

Tilak Ward, Post-WARORA,

Distt. Chandrapur (Maharashtra)

PIN-442907.

To,

Appellate Authority

Social Justice and Special Assistance Department,

Mantralaya, Mumbai – 400 032.

__________

Particulars of the Public Information Officer	:	Mrs. Ujjwala P. Vaidya

Date of receipt of the order appealed against	:	07.04.2010

Last date of filing the appeal	:	06.04.2010

The grounds for appeal	:

1. I, Nilesh Wankhede, a citizen of India, have submitted an Application dated 02.03.2010 under RTI Act 2005 for some information of public interest. A copy of the same is placed herewith as ANNEXURE-I at pages 1 to 6 along with its enclosures placed as ANNEXURE-II at pages 7 to 20.

2. In response to my Application dated 02.03.2010, I have received a reply on 07.04.2010 from Mrs. Ujjwala P. Vaidya, Public Information Officer & Desk Officer sent vide letter No. Asthapana-2010/Pr.Kr.122/Astha dated 1 April 2010. A copy of the same is placed herewith as ANNEXURE-III at page-21.

3. It can be seen that Mrs. Vaidya, PIO has denied to provide the requisite information under pretext of an unjustified reason as stated by her that ___________________ ________________________________________________________ ________________________ _________________ _______________ ____________________________.

(English translation – She replied that the information cannot be provided since there is no proper manpower and so the applicant should himself come in office and sort out & take out the information)

(The regular presence of about 150 public servants who are posted in the secretariat of Social Justice Department is only 13% as per records of their card punching and most of time they comes office ever late and do no work so how they can say that there is a shortage of manpower???)

4. It is to note that Mrs. Vaidya, PIO has taken/wasted entire period of 30 days for preparing the reply of only two sentences. It is nothing but only her ignorant & negative attitude toward her duties. It can be seen while observing her response toward my application dated 16.10.2009 enclosed as ANNEXURE-IV at page- . Having Experience of her such attitude I have reminded her toward my application dated 02.03.2010 on 20.03.2010. However, ignoring the importance & urgency of the matter she has wasted the time. A copy of reminder dt. 20.03.2010 is placed as ANNEXURE-V at page- for ready reference.

5. While denying providing the requisite Ms. Ghatge, PIO did not mention any of the section of RTI Act 2005. Being a public servant assigned the job as a Public Information Officer it was expected from her that she will go through the provisional duty as mentioned in RTI Act 2005 as to what the action to be done by a PIO. It is clearly mentioned in section 7 of RTI Act 2005 that the Public Information officer on receipt of a request under section 6 shall, as expeditiously as possible, either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons specified in section 8 and 9. However, no such justified reason is given by Mrs. Vaidya, PIO.

6. Moreover to denying the information for baseless & unjustified reason, the PIO did not mention the name & address of the Appellate Authority to whom the Applicant can make an Appeal and by this act the PIO has broken the democratic rights of the Applicant. It is clearly mentioned in sub-section (8) of section 7 that the Public Information Officer shall communicate to the person making the request;

i. The reasons for such rejection

ii. The period within which an appeal against such rejection may be preferred and

iii. The particulars of the appellate authority.

7. PIO has also harassed by way of calling the Applicant to come personally from Warora, Chandrapur to prepare and collect the information at his own. It is a cruel joke on democracy by the public servants while acting like the dictator on citizens who gives them bread.

8. It is provided under sub-section (6) of section 7 of RTI Act 2005 that notwithstanding anything contained in sub-section (5) of RTI Act 2005, the person making request for the information free of charge where a public authority fails to comply with the time limit specified in sub-section (1). Consequently it is pertinent to refer;

(a) the sub-section (5) which says that whereas access to information is to be provided in the printed or in any electronic format, the applicant shall, subject to the Provisions in sub-section (6), pay fees as may be prescribed

(b) sub-section (1) says that subject to the proviso to sub-section (2) of section 5 or the proviso to sub-section (3) of section 6, the Central Public Information Officer or State Public Information Office, as the case

(c) may be on receipt of a request under section 6 shall, as expeditiously as possible, and in any case within thirty days of the receipt of the request, either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons specified in section 8 and 9.

9. A copy of a complaint submitted by me in the matter of Planning Department, Mantralaya, Secretariat of Mantralaya of Maharashtra, Mumbai is enclosed herewith as ANNEXURE-VI at pages to for ready reference for details of ground to seek information under right to information of citizens of a democratic nation, to make it easy to reach to an appropriate decision.

Particulars of information	:

(i) Nature and subject matter of the information required	:	Information in the form of Diskettes and zerox copies regarding recoveries of misused public money unduly paid to public servants, misuse of office premises for personal affairs and dishonor of disciplinary and conduct rules by public servants of secretariat of Maharashtra.

(ii) Name of the Officer or Department to which the information relates	:	Social Justice and Special Assistance Department, Secretariat of Mantralaya of Maharashtra, Mumbai.

ORDER SOUGHT BY THIS APPEAL

In view of the facts as brought out above, I demand that the requisite information sought by me vide my application dated 02.03.2010 should be given to me as early as possible at free of cost as per provision of (6) of section 7 of RTI Act 2005.

The court fees stamp valued Rs. 20/- affixed toward fees for appeal under RTI Act 2005. Please note that I cannot come personally now so the information should be given to me by SPEED POST to avoid delay in communication. It is also to note that I have submitted all the grounds needed at this stage and the same may be taken into account while deciding this appeal since I cannot attend and such personal hearing and also the First Appellate Authority is not empowered to have any kind of hearing in which the presence of Appellant is mandatory.

DA: Annexures I to VI (Pages )

Signature of Appellant

(Guest)

After submission the following reminder was also sent by me but NO USE -

20 March, 2010.

To,

Public Information Officer

Social Justice and Special Assistance Department,

Secretariat of Maharashtra,

Mantralaya, Mumbai – 400 032.

Sub: Reminder.

Ref: My application dt. 02.03.2010.

----------

Keeping in view the track record of delay in sending the reply from you toward my application dt.16.10.2009 it is felt appropriate to remind you towards my application dt.02.03.2010 that please arrange to send your reply by speed post or inform by telephone on 9324345454 as and when the information is ready at yours so that I will step up to deposit the charges and collection of the same. Please note that our forum is going to launch the website of our forum on the occasion of Birthday celebration of the great founder of world’s greatest democratic constitution of our great nation Dr. Babasaheb Ambedkar. The information/reply received from you will be published on the website of forum so the people worldwide can have opportunity to know that how the public money is being misused in Social Justice Department of Secretariat of Maharashtra state and how the public premises/Government offices are being misused by public servants for unwanted s*xual activities after working hours and on holidays. We have prepared the evidences in this regard and the requisite information is awaited from yours end to finalise the steps. The President of India, Prime Minister of India, all the members of Parliament, all the MLAs of Maharashtra state have also to be intimated to see the information available on the website of our forum so that necessary steps can be taken out for appropriate action to frame charges of “RASHTRADROH” against mischievous public servants.

Kindly do the needful.

With regards,

(Nilesh Wankhede)

(Guest)

MOST URGENT & IMMEDIATE – BY FAX

Date: 17.05.2010

To: Shri G. K. Wagh,

Dy.Secy. & Appellate Authority

Social Justice and Special Assistance Department,

Mantralaya, Mumbai – 400 032.

Sub: Appeal dt.09.04.2010 submitted under Section 19 (1)

of RTI Act 2005.

Ref: Letter No.Asthapana-2010/Pr.Kr.122/Astha

dated 28/04/2010 sent by Mrs. U.P. Vaidya, Desk Officer

received on 14.05.2010.

_________

I am in receipt of above referred letter, which is received on 14.05.2010, wherein it has been informed by you that you are going to conduct hearing on 07.05.2010 at 03:30 PM in regard to my above referred appeal and I have been advised by your Desk officer to be present before you.

As stated above, the intimation letter dt.28.04.2010 sent by your Desk Officer has been received on 14.05.2010 after the date fixed by you for hearing.

Though it is expected that you will be aware of the constitutional provisions since being posted on a very sensitive post of a Deputy Secretary in Secretariat of State, it is hereby to bring into your kind knowledge that no public servant, whosoever is a Peon or a Chief Secretary of the State, is authorized or empowered to have any such hearing in which he may call any citizen to be present before him. It is, in case, any citizen want to any public servant to have a personal hearing of his case, the public servant is bonded to take action as per requirement of the citizen or the public servant can be penalised. It is a democratic state.

It can also be presumed that neither you have gone through constitutional provision of RTI act for examination of your authority nor you have gone through my appeal. I have already mentioned in concluding para of my appeal that not to waste time for any such so called hearing since the first appellate authority is not supposed so for.

Right now, it is presumed that you like to have the hearing in good faith. However, it is to state that I have mentioned all the details in the appeal which has been submitted by me. Therefore, you may proceed your action based on the fact of the matter in the light of constitutional provision. I do not feel any need for my personal presence at this stage.

With wishes,

Yours’

(Nilesh Wankhede)

(Guest)

Section 23 of RTI Act 2005 says that;

No court shall entertain any suit, application ot other proceeding in respect of any order made under this Act and no such order shall be called in question otherwise than by way of an appeal under this Act.

Section 23 in Chapter IV provides for bar of jurisdiction of Courts. However, note that the bar relates to ordinary jurisdiction of civil courts. Extra-ordinary Writ jurisdiction, however, is not ruled out.

Lower Courts are barred from entertaining suits or applications against any orderr made under this Act. However, the writ jurisdiction of the Supreme Court and Hogh Courts under Articles 32 and 225 of the Constitution remains unaffected.

Here in the Maharashtra State Information Commission one Shri Suresh Vinayak Joshi, ex. Metropolitan Commissioner had resigned from Government service and took over as State Chief Information Commossioner from back door by using his political connections and since he himself is a bureaucrat and so he is doing nothing in the appeals submitted against public servants since they are his colleagues.

Therefore, I offer the comments and advise from the Lawyers AND OTHER Law experts, who understand their social concerns, that;

CAN I BRING UP THIS ISSUE IN HIGH COURT OR IN SUPREME COURT SINCE IT IS A MATTER WHERE THE ADMINISTRATORS ARE DENYING MY DEMOCRATIC RIGHT ???

(Guest)

The constitution for appointment of State Chief Information Commissioner or State Information Commissioners as per RTI Act 2005, is reiterated below;

Section 12 (5) - The state Chief information Commissioner and the State Information Commissioners shall be persons of eminance in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance.

Section 12 (6) - The state Chief information Commissioner and the State Information Commissioners shall not be a Member of Parliament or Member of the Legislature of any State or Union terriority, as the case may be, or HOLD ANY OTHER OFFICE OF PROFIT or connected with any political party or carrying on any business or pursuing any profession.

How the Ex.-Bureaucrats are being given appointments ? Is there shortage of qualified people in other notified fields ? Entire life the bureaucrats holding the office of profit. So how they are becoming "free" so fast ?

Law Practioners please interpret the above sections, if so, we may file PIL to restrict this back door entry of Bureaucrats in Information Commission so that the RTI Act 2005 can be implemented effectively.