Rajesh Tandon
23 April 2013 at 09:57
This is a query related to non-supply of information sought under RTI. The PIO of ordnance factory board Calcutta was approached under RTI for certain information but he failed to provide information. The appellate authority was approached. He too failed to provide information. A second RTI was addressed on a slightly different matter to PIO of the ordnance factory board Calcutta. This too has not been replied. Lodging a complaint with CIC i.e second appellate authority is itself a very time-consuming process . Sometimes CIC attends to complaint/appeal after a period of two years or more. Apart from the usual mechanism of making second appeal to the CIC, there is is also an alternate provision of giving notice under section 80 CPC to the concerned public authority through concerned secretary in the concerned ministry in the government of India. Subsequently, pursuing the matter to the consumer court wherein a number of consumer courts have entertained such cases on account of failure of PIO or appellate authority to provide information being deficiency in services. In addition, after serving a notice under section 80 CPC, one has still got an option to invoke article 226 of the Constitution and file a writ petition so that court directs the public authority to carry out its duty. Now the question is concerned RTI applicant is located in Sultanpur District(UP) whereas the office of PIO is in Calcutta. Supposingly, the concerned PIO is not moved even after serving of notice under section 80 CPC, then there may be a requirement to move to the consumer court. As it has been noticed by courts that a number of times the public authorities don't even reply to the notices also. Here lies the problem area. Normally, the case is to be filed in the jurisdiction of the court where the office of the opposite party lies which in this case would be Calcutta. So the whole aim of the exercise will be defeated. Is there any provision whereby the case can be lodged in Sultanpur District(UP) or Lucknow district consumer forum on some grounds. Even when the decision of number of district consumer forum in giving relief to RTI applicant is laudable, there is no relief for RTI applicant who is in transferable job or sitting at a distant location from office of public authority. Kindly suggest a way out. Also it has been learnt that it the RTI applicant or any antibody on his behalf can draft a notice under section 80 CPC, there is no formal requirement that the notice to be served by an advocate only. The same can be served by RTI applicant also. Request advice appropriately. Can on some grounds a writ petition can be filed after waiting and seeing the response of the public authority to the notice in Lucknow High Court instead of filing the writ petition in Calcutta High Court. Kindly Suggest some grounds. If a lawyer has to be engaged
in Calcutta district consumer Court/Calcutta High Court for filing consumer court case/writ petition, the whole aim of seeking information under RTI act will be defeated where in RTI applicant will have to incur exorbitant cost in engaging in a lawyer. Kindly suggest the problem resolution
Manoj Sinha
23 April 2013 at 07:35
How to prepare for appointment of central govt. notary public interview test.
kanwal
22 April 2013 at 22:45
Sir,
First of all I thank all experts for attending to my query immediately. Though my query could not be solved in toto due to non availibility of information from my side, for which i regret. Therefore, as desired by some of the experts I submit following information:
1. That after getting selected through direct recruitment I was considered and taken on deputation as Company Secretary w.e.f. 5-10-94 in the H.P. State Civil Supplies Corporation, Shimla.
2. On joining, I opted the pay scale of the post of Company Secretary in the Corporation and my pay was fixed in then pay scale of Rs. 7880-11660. I completed seven years of deputation in the Corporation on 4-10-2001. I was also getting regular annual increments on this pay scale and pay was also being fixed by the Corporation accordingly.
3. Meanwhile, the Government of Himachal Pradesh vide office memorandum No. 8-17/73-DP(AP-II)-pt. dated 28th June 2001 had changed the procedure for filling up of posts on deputation basis. In the said memorandum the Government of H.P. had also clarified that employees who were on deputation shall continue to be governed under the existing procedure.
4. Importantly, I was working on deputation basis w.e.f 5-10-1994 i.e. prior to the issue of above office memorandum dated 28th June, 2001. There was no change in terms and conditions of my deputation till 4-10-2001.
5. As deputation period was being extended on year to year basis, I was treated on secondment basis against the guidelines issued by DOP from 5/10/2001 till 5/2/2005. My deputation/secondment period with the Corporation was duly approved by the competent authorities regularly and there was no break in my deputation period. I was repatriated to my parent department on 5/2/2005.
6. During this entire deputation/secondment period as Company Secretary in the Corporation, the duties and responsibilities remained the same. However, my salary and allowances were reduced from 5-10-2001 to the pay scale and allowances of parental post which I held in my parent department way back during 1994 i.e. before my selection as Company Secretary in the Corporation. The pay scale and allowances of this parental post was lesser than to CS post and this post was Class III Post.
7. As a result of this decision, situation arisen that though I was working as Company Secretary in the Corporation which was a Class I Gazetted selection post and was getting pay and allowances of this post till 4-10-2001 however next morning I was given the pay and allowances of Sr. Assistant which was class III post i.e. from 5.10.2001 till 5/2/2005. Although, I continued to work as Company Secretary in the Corporation with same nature of duties and responsibilities till my repatriation to my parent department on 5/2/2005 however, difference of my salary as Company Secretary has not been released despite my requests.
8. Since, I opted the pay scale and other allowances of the post of Company Secretary from the day of joining in the Corporation as Company Secretary, therefore for all intent and purposes I was entitled to draw pay and allowances of the post of Company Secretary for which I was appointed and worked there till I worked as Company Secretary. However, no decision has been taken as yet for release of difference of pay and allowances for the said period.
It is also submitted that in H.P. there is no service tribunal.
Kindly advice and quote any judgment delivered by the Apex Court in similar nature of case, if any.
Vishwanath
22 April 2013 at 19:52
Dear All,
I have a valid Canadian driving License. I also have an Indian learner's License. My car hit the road divider and suffered Own damages in Bangalore. There are no Third party injuries. should the Insurance Company allow Own Damage claims as per article 41.2 of Chapter IV of The Vienna Convention on Road Traffic,1968. Kindly advise,
Regards,
Vishwanath
Vishwanath
22 April 2013 at 19:18
Dear All,
I have a valid Canadian driving License. I also have an Indian learner's License. My car hit the road divider and suffered Own damages. There are no Third party injuries. should the Insurance Company allow Own Damage claims as per article 41.2 of Chapter IV of The Vienna Convention on Road Traffic,1968. Kindly advise,
Regards,
Vishwanath
AK New Delhi
22 April 2013 at 18:21
I have filed a consumer case in district cousumer redressal forum. I want to know the route of appealing till supreme court?. ie. where to appeal after district forum etc etc.
M.Kapoor
22 April 2013 at 11:01
How many person can be nominate for election (flat owners association)by a single flat owner?
M.Kapoor
22 April 2013 at 10:15
Can a person give his name for Nomination in a complex association election (not register but in future it will be), but the flat owner is his son.
amit jain
22 April 2013 at 10:10
Dear Sir,
In 1st week of May 2011, I was coming via geneva to India by Swiss Airline. They gave me by mistake Non Veg food which I started eating...my fellow customer said to me that it it non veg then they replaced the food and was very rude with me. I have the letter where they accepted this fact.
Now, I know I have to file the complain within 2 years which is only 15 days from now....please help me what to do and if any good lawyer is there in Western suburbs of mumbai
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Maintenance and welfare of parents a sea nd senior citizens act, 2007
1. This is a query related to the Maintenance And Welfare Of Parents a sea nd Senior Citizens Act, 2007. It is a case of a soldier who has died and as per the normal procedures the wife is authorised ordinary family pension. The wife is getting the ordinary family pension. However there is no provision for division of ordinary family pension. The parents of deceased soldier have requested the Army authorities for some help as the daughter-in-law has moved out of the house to her parents place. Normally as per Maintenance And Welfare Of Parents And Senior Citizens Act, 2007 sec 2(d) "parent" means father or mother whether biological, adoptive or step father or step mother, as the case may be, whether or not the father or the mother is a senior citizen & as per sec 2(g) of the act"relative" means any legal heir of the childless senior citizen who is not a minor and is in possession of or would inherit his property after his death. The act per se does not mention anything in respect of duty/responsibility of the daughter-in-law to maintain in-laws in case of the deceased husband. Sec 4(1) of the act mentions about provision for parents /grandparents making an application against one or more of their children & Sec 4(2) of the act mentions about provision for childless senior citizen making an application against relative refered in clause (g) of Sec 2 .In the present case of the parents, they have got another son who is unemployed. Does the case of daughter-in-law on any ground fits into definition of relative to maintain the in-laws. Kindly suggest appropriately.