Antima (student) 30 May 2010

RTI- IC not replying

Pl guide me what action can be taken.

Sir, My father a govt servant was punished with compulsory retirement only because he opposed the punitive transfer on behest of a collector.

In just a similar case one officer was punished with only withhelding one (?) increment obviously on an underhand dealing for which my father was staunchly agaist. He never received nor gave away any such payments. He fought through courts but unfortunately for lack of better funds we could not engage a sr. advocate and ultimately we lost the case every time because the pleader was not well prepared for such cases.Ultimately my father went into severe depression and he lost all thehopes.

On finding that RTI will be helpfull to dig out the differential punishment in a similar case he asked for the reasons and details of the case of another officer. He was informed the the file is not traceable and it might have been destroyed while record regularising. On an apeal the same reply was given. In fact the personal files and files regarding disciplinary actions are to be kept for 5 to 15 years. With this plea my father posted an apeal to Chief Information Commissioner-Gujarat State on 30-6-2009, the last but one day of the time limit for filing appeals through Email. however the hard copy was couriered to him on the very next day. since then my father have sent several emails but there is not a single sentence reply from CIC, even there is no receipt passed by him.

Now will any body pl help me find the solution. We are deep knee in debts, thanks to God we have a house over which we are taking money from relatives. i shall remain obliged.

Alpa Upadhyay

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4 Replies

(Guest)

In speaping all story you did not mentioned the particulars of the case as to;

In which department and office on which post your father was working ?

We need to see the chargesheet and other documents of disciplinary action !!

What was your RTI application ? What was the draft of reply from PIO ? Whether you filed appeal to first appellate authority or otherwise and what happened there ??

When you sent the 2nd appeal to CIC ???

Many other things needs to understand the entire case.

Here the case should not be discussed for now otherwise your oppositors will be alert and ready. yes, we will keep the detalis here before our LCI friends but at appropriate time.

Right now you please send details to the email id of DRF. Believe that JUSTICE WILL BE DONE WITH YOU.

One thing,

The Bureaucrats who are near to retirement are becoming Information Commissioners with the help of their politician connections by resigning from the government post and it is the stretegy of Bureaucrats and politicians to fuse the RTI Act. We are handling it but it will take time in process.

I also request our LCI friends to extend your help in this case please.

1 Like

legaljoe68 (member) 30 May 2010

ms alpa I am Nish*th Joshi and similar to your father I was transferred and non obeying the orders removed from the post of Inspector of Central Excise . I do not know the charges levelled against ur father in the departmental chargesheet but ur father cas approach some good service matter lawyers . If he has lost the case in tribunall then he can go in for appeal with High court then supreme court . I do not know to which place u belong to . If u r from ahmedabd contact Shri P H Pathak Sr advocate on 79 -26636800 and show him ur fathers case. This is a common problem honest Brahmins are facing these days in Govt service . Transfer is the medium used to settle scores, Do not give up ur fathers fight .

As regard to RTI I have used RTI at many places and is myself an RTI activist . Pendency in Gujarat is too high .. Infact one of my appeal dated oct 2008 is unaswered at the Gujarat Information Commission. Go personally and pursue the case.

Ur father can check his departmental files and collect some papers and than approach court afresh with a petition. Other lawyers are :Paresh upathyay.A s supheia

Mukul sinha

Please go to this link https://cic.gov.in/CIC-Orders/AT-30032010-01.pdf . This is my order which I got after fighting corrupt Customs officials . THis order is helpful to your father . Quote this order and ur fahter can inspect the disciplinary proceedings file and and collect documents by paying rs2/- per page.. for more guidanc u can contact me on sanjaybhaigujju@hotmail.com as i belong to vadodara but shifted to MP.

nish*th joshi

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Antima (student) 31 May 2010

Dear Mr. Joshi, many thanks for your reply.

My father was working as an Asstt. Geologist in the deptt of Geology 7 Mining at Bharuch. The then collector Bharuch was having fancy ideas about his powers as regads to Mines and Minerals laws and rules. He was having gruge over the lease holders as he was not "Honoured" properly by the lease holders of Kheda dist where he was DDO. he tried to squeeze them but these charotaries were not to be crumbled. He once uttered the words" these quarry owners are ROUGUES. He forced my father who was supposed to put the files to him for his final orders to cancels some leases. He assumed that he has vast powers and asked to grant the leases for the period less than that stipulated in the rules. When my father put the legal position before him he asked him to route the files through RDC. My father again opposed this and put before him the govt orders which clearly mentioned that the files are not to be routed through RDC.

Finding that my father is not succumbing to his instructions which are not according to act & rules he wrote to the Addnl.Chief Secretary for his transfer. He even went to say that it will not be possible for him to work in Mines and Minerals if " Mr Upadhyay is continued to be at Bharuch". And you will bsurprised that this letter was sent to addressee on 28-8-1988, the day on which he himself was transferred and had relinquished the charge on that day. Even though these IAS bhai-bhai transferred him. The charge was taken when he was on tour and not having received Transferred order. This transfer was within 15 months and was not according to the guide lines for transfer of Gujrat Govt. Servants.

The rest is in the letter my father wrote to Addnl. Chief Secretary on 22-12-98. This and all the other letters have never been acted upon ( we doubt the authority has read the same or lower staff has put up to them). And this is quite possible because the collector agaist whom he had written was Dy. Sec.(Home) and could have inluenced. These IAS officers are so vindictive that if one is opposed to you whole gang will be blood thirsty. I am sending the letter dt.22-12-1998.

My present question was what action can be taken to see that CIC takes decision asap. because this will create a fresh ground for me to approach the Hon. High Court.

You have suggested to go to Supreme Court but my father is now 71+, depressed, having Arthritis, once even operated, is not able to go to High Court and hence no question of going to SC. Even financial condition prohibits this. Once an officer from Sachivalaya, who was handling the case has uttered to a wellwisher of my father that "he will get tired, we are not worried as we will be enjoying going to Delhi by plane."

Again thanks for your co operation and inspiration.

Alpa Upadhyay