Friday, 16 October 2015

RTI .. RIGHT TO 'not provide' INFORMATION...

On this day, 10th annual convention of RTI act in his speech PM Sh. Narendera Modi is hailing that.."Digital India complements RTI''. In reality even after 10 years India is still struggling to implement the act in its  true essence.
As I read the act and about it in some articles, it is meant to provide information to seekers at first place and deny information which shall not be provided for a better cause to the authority or nation or to civilization at large. But, what is happening is other way round, when a RTI application reaches to a authority first of all, what is sought, is how to deny the information, without considering that the information may be very important for someone ( but not covers under clause 7(1) of the act).

The RTI application is seen as a document whose reply is to be given with least efforts to satisfy the seeker, and most of the effort is made to deny the information giving vague reasons.
The  vague reasons vary from
 ' can't provide information because of fiduciary relationship'.. this is the first crap that most of the RTI applications get in reply.
' questions can not be asked' .. as if asking information is a test of sentence form correction...
etc. etc.

The offices are using such grounds just to cause an appeal and buy one more month ( stipulated time for reply to appeal as per RTI act).

I had applied to railway board seeking information about keeping one post vacant in respect of orders of hon'ble high court, but they didn't provide information as I asked ' when was the vacancy filled up' giving reason that it is asked in interrogation sense.
Despite the Commission’s decision dated 21.4.2006 in File No. CICV/AT/A/2006/00045 (Dr. D.V. Raovs Department of Legal Affairs). and few others that I found on http://www.bcasonline.org/policy/R%20T%20I%20Jan%2013.html  
In my appeal which is obvious as in most cases. they didn't even said a word about it. 

Then one has to go and in most cases one goes to CIC which has a pile up of cases and in most of the information commissioners office the number of pending cases has gone up during their tenure ( as per CIC website data of about appeals to CIC).

All this is happening because the disposal of the first application is nothing but an invitation to appeal and first appeal is just a formality and everyone end up in piling the case at CIC, which these days takes around 5-6 months normally to admit the case, and then there are procedures to follow and in around one year a citizen gets the information which becomes useless till that time.
As in my case, Railway board has diluted the orders of High court in papers never kept the post vacant and denied information in RTI application just because they know that by following the procedures I will get the post created again and there wrong doings will be covered up. And, my plea will become infructous.

Digitalizing the process has not reduced much of the time of processing as it takes around 3 days for the application/appeal to reach the concerned CPIO/AA.

During second appeal to CIC the process is still not digitalized. Rather, because of the online portal some end up in confusion whether to send hard copy to CIC or not, actually it has to be sent by signing and with a covering letter. Registration of the appeal is in itself is cuber-some process and requires around 1 month by sending reminders to CIC registrar about the delivery of hard copy of the appeal.

In all, till date India couldn't make it to inform the citizens to the extent a civilized country should be and it needs be corrected at the basic level of first application. Strict guidelines shall be issued to 'babus' to provide information in sense it is asked and not to provide a reply after one month saying that its sense is incorrect or is it in fiduciary relationship etc.
I think it needs a lot of hard work on part of the government to make it reality what PM seeks "The RTI Act should not just be limited to a citizen's right to know but it should empower every one to hold truth to power".
one can getr useful information about RTI act on
www.rtiindia.org
one can seek advise on krisdev@gmail.com, and parmod.bishnoi928@gmail.com
one phone no. is also there which is working and I had talked on that.
Sh. Sanjay Sharma 08081898081





Thursday, 1 October 2015

the PMO Portal for grievances

continuing from last post under blog 'bishnoi928@rebuiding life'...

annoyed by the way I was treated at Ministry of water resources I sought help from Prime minister's office portal for submitting online grievances. Though my experience was not quite satisfactory the last time I filed a complaint about medical board of railways... they replied me by writing something about railway recruitment board responsible for group C and D staff, had nothing to do with Engg. services.
Anyways, I tried it once more in hope of some help. Other than this there was no option that I am left with than compromising with the attitude these 'BABUs' are having about their working, As I have challenged them for my right, every body is behaving as I am asking for a favor from them.
From first day, till now every singe person I came across in this whole scenario has behaved in a way which cannot be a way of humanity it is just greed for money, be it the doctor of railways at central hospital northern railways, be it the officers in railway board, be it the lawyer I hired for my case in High court. Every one seeks an opportunity to suck money out of a person's situation.

Let us move to the topic... I wrote to PMO on 9th Sept 2015, and my grievance was forwarded to railway board public grievance officer. The request was kept there till 28th Sept. I sent a clarification on 14th Sept which was of no effect and then I sent a reminder on 28th Sept seeking whether I will get a reply or shall I leave hope. The request has now been forwarded to the gazetted recruitment cell against which I had complained. The things seems quite obvious of resulting in nothing but to waste time till I get my joining letter.