Rajesh Tandon
01 October 2012 at 14:59
(e) Proof of pension not been received from public sector undertakings-we have got a unique case where an ex-servicemen who was working with the factory and was getting double pension i.e from Army as well as factory also has died and leaving behind his aged wife who is nearing 80 years and keeping in bad health. However, now, the family pension claim for wife is stuck of from Army authorities because of a requirement of a certificate from the concerned factory that she's not receiving the pension, since it has been learnt that she will be authorised only one pension unlike her husband, who was authorised double pension. However, the factory has got closed.
(i) Pension Querry1-In such a case of who is supposed to give the certificate. Is it the ordnance factory board controlling all Army factories supposed to give the certificate to meet the requirement of pension from Army authorities or
(ii) Is it the requirement of certificate of not receiving pension can be done away with on the basis of a certificate from ordnance factory board that such a factory has got closed.
(iii) Are the any latest judgement, whereby a pensioners wife is also entitled for double pension, like that of ESM when employed in public sector undertakings. If that be so, kindly provide information about that.
Rajesh Tandon
01 October 2012 at 14:56
(a) RTI Querries-These are as under:-
(i) RTI Querry No-1-It is generally the an RTI applicant signs the application by himself. However, it has been learnt that in certain cases the advocates have filed RTI for their clients with a vakalatnama signed by client(should the client be illiterate/not knowing about rules or procedures and querries to be asked )authorising his advocate to file RTI on his behalf. Similarly, can any a Person A file RTI for Person B(if Person B is not able to express his thoughts properly ,communicate properly or enquire properly about certain querries) with a proper authority letter from Person B authorising Person A file RTI for Person B. Is it legally acceptable. Are there any Judgements of the Court/CIC on that account(since I could not find such judgements on the Internet. However, I came to know that such a provision does exist.)
(ii) RTI Querry No-2- As per section 4(d) of RTI Act, the reasons for administrative/quasi-judicial decisions to affected persons to be given by public authority. It is felt that the spirit of the contents of RTI section 4(d) is based on third cardinal principle of natural Justice i.e reasoned and speaking order which must be be followed always by administrative authorities. The Supreme Court has said that The distinction between passing of an order by an administrative or quasi-judicial authority has practically extinguished and both are required to pass reasoned orders. In the case of Siemens Engineering and Manufacturing Co. of India Ltd. v. Union of India and Anr. [AIR 1976 SC 1785], the Supreme Court held as under:-
“……If courts of law are to be replaced by administrative authorities and tribunals, as indeed, in some kinds of cases, with the proliferation of Administrative Law, they may have to be so replaced, it is essential that administrative authorities and tribunals should accord fair and proper hearing to the persons sought to be affected by their orders and give sufficiently clear and explicit reasons in support of the orders made by them. Then alone administrative authorities and tribunals exercising quasi-judicial function will be able to justify their existence and carry credibility with the people by inspiring confidence in the adjudicatory process. The rule requiring reasons to be given in support of an order is, like the principle of audi alteram partem, a basic principle of natural justice which must inform every quasi-judicial process and this rule must be observed in its proper spirit and mere pretence of compliance with it would not satisfy the requirement of law. …” Therefore in this regard kindly clarify as to if one can only ask the reasons of decision which had been recorded in writing by administrative authorities while discharging a quasi-judicial function/duty or one can ask for any decision of administrative authority, which may not be a decision arrived at by virtue of discharge of quasi-judicial function or duty. One may be affected by an oral decision, not recorded but given by word of mouth during a conference/instructions to the subordinate officers and sometimes such decisions do appear to be little biased. Example1 , an administrative authority transfering a file (which received a lot of financial observations) pertaining to a Department A to other Department B to justify the observation rather than referring back to the concerned Department A which is thoroughly involved with the job and who are actually supposed to justify the observation. Example2 -certain decisions of administrative authorities given orally, which may amount to infringement of orders/chances of dishonesty/where provisions do not exist for such decisions under any existing rule and follow-up of such decision is not warranted for. Example3-Administrative authority, giving the decision for compliance of an order from a person not having a mandate to pass an order .Can reasons for such administrative decisions given orally, be asked under RTI section 4(d).
(iii) RTI Querry No-3- Under section 4 (b) of RTI, there's is supposed to be suo moto disclosure of whole lot of information by public authorities. Supposingly a public authority when approached, and requested to disclose it on the website does not declare the required information, can the provisions of article 226 of the Constitution be invoked under the jurisdiction of high court for failure of public officials in discharge of the statutory duty, whereby a notice under section 80 of civil procedure code can be served upon the government Department through concerned secretary in the concerned Ministry
Raj N R
29 September 2012 at 18:24
Our Society is in the process of Re-development. Chairman & 2 members of Managing Committee are members of Redevelopment Panel.We were told new bldg will have 13 floors - 10 for existing members(+one sale flat)& 3 floors for Developers persona family use.So this is not commercial venture at all.In SGBM in July, I requested that Developer give names of those who will occupy new flats. Because if flats are sold to outsiders without Society members knowledge then Society members stand to lose. Chairman trashed my suggestion. Now I have learnt that Chairman has held two SGBM in September in which he has presented new building plans with 15 floors & all extra flats for sale!! There is no increase in compensation too. Society members are mostly retired people. Not only has he not informed me by notice or email (I am out of town since June end. my flat is not occupied right now), it seems he has with police permission (?) cut off water supply to my flat & presented new bldg plans to BMC showing that letter of irrevocable consent from me is not required as I am not staying in the building.
Earlier complaints on the misdeeds of Chairman (eg. not providing inspection of documents even though Dy Registrar directed him under section 32 of bye law, etc etc) are not acted upon. As one Society member close to Chairman stated "Kandivili office hamare jeb mein hain".
I will be returning home probably in mid-October. What action can I take to effectively counter this dirty game that the Chairman is playing?
Bhawani Mahapatra
29 September 2012 at 15:03
Can a person who is not a party to the case apply for the certified copy of the case which is already disposed off ? Is there any exceptions in case of criminal or civil cases ?
Arun v
29 September 2012 at 13:53
i am a central government employee and I am in my probation period do i need to get no objection certificate to attend verification in ssc for another job.
Piyush
28 September 2012 at 21:40
I have received a bill from CESC which is the highest. I spoke to customer service but tey insist that I might have consumed. I told them to see my average but they are sticking to their point. The bill is about 4 times higher than the average billing. CESC is the only Powers Supplier in Kolkata and wish to know options open to me:
1) Can I approach legal forum and is so which forum ?
2) Should I approach the forum before paying the bill ?
3) If I pay the bill can I apprach legal forum and recover
the amount ?
pramodnegi
28 September 2012 at 21:02
Is order 22 applicable on arbitration proceedings?
Is any exception there which any how stops the application of the order 22 on arbitration proceedings?
Please tell me the grounds
Shankerlal G Ghanshani
28 September 2012 at 19:01
My wife is a member of CHS since 1985 in Mumbai. We have 3 cars and had been paying parking charges at equal rates. In Aug 2011 AGM with the permission of chair the parking charges for 1st car were x, 2nd car x multiplied by 2 and 3rd car even higher.We pay parking chgs equally for each car. The MC is not elected as per the election procedure. We raised the issue in Aug 12 AGM but the AGM did not revers the resolution. We wrote a letter to the Registrar`s office under RTI to get copies of certain documents and the RTI officer wrote to the Society to supply the same but Society refused saying that we are the Defaulters hence don`t deserve a reply.
mycent
28 September 2012 at 17:27
Dear Experts, kindly enlighten me on the below question -
- My financial online account was tried to be hacked by some unknown persons. I came to know of such illegal activity when I received password reset mail in my email. My question is what will be the jurisdiction in such case, my local area where I reside or the local area where someone tried to hack my account.
Thanks !
-mycent
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Rti act
An applicant was provided with information available running to about 400 pages. On receipt of the information he had sought, he insists the Central Public Information Officer to authenticate all these documents. Under the RTI Act, while providing information,is it mandatory to authenticate documents?