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(Guest)

"CHAKRAVYOOH" IN SOCIAL JUSTICE SECRETARIAT OF MAHARASHTRA

APPLICATION FOR INFORMATION UNDER RTI ACT 2005

 

                                                                  Date: 18.06.2010

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. 

 

            A copy of letter No.Asthapana-2010/Pr.Kr.164/Astha-1 dated 11.6.2010 sent by Shri G. K. Wagh, Dy.Secretary, Social Justice Department is enclosed for ready reference wherein he has replied my appeal dated 07.06.2010 that the compurised data records of Attendance Management System (Card punching records) cannot be provided since no technical assistance has been provided to Social Justice Department BY THE Directorate Of Information Technology of Secretariat and he has advised me to make another application for printouts of the same.  Therefore, please give me printouts of the same.

 

          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 collect the information personally or through any of my representative.  I may be informed on my mobile phone number 93 2434 5454 / 9322246333 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.

 

Place: Warora, Chandrapur.

Date: 18.06.2010                                     Signature of Applicant

 

Enclosure: A copy of letter No.Asthapana-2010/Pr.Kr.164/Astha-1

             dated 11.6.2010 of Shri G.K. Wagh, Dy.Secy.

 

 

Copy to :

 

Shri G. K. Wagh, Dy.Secretary, Social Justice Department,

Secretariat, Mantralaya, Mumbai-32.



Learning

 8 Replies


(Guest)

APPEAL UNDER SECTION 19 (1) OF RTI ACT 2005

 

                                                                               Date: 07.06.2010

 

From:

Nilesh Wankhede

District President,

Dr. Babasaheb Ambedkar Democratic Rights Forum,

“Ambedkar Sewa Sadan”,

Tilak Ward, Post-WARORA,

Distt. Chandrapur (Maharashtra)

PIN-442907.                                           

 

To,

Shri G. K. Wagh,

Deputy Secretary and First Appellate Authority

Social Justice and Special Assistance Department,

Secretariat of Mantralaya,

Mumbai – 400 032.            

 

 

 

 

      __________

Date of Application to Public Information Officer

:

03.04.2010

 

 

 

Particulars of the Public Information Officer

:

(1)  Mrs. Ujjwala P. Vaidya, Desk Officer and PIO, Social Justice and Special assistance Department, Secretariat of Maharashtra, Mantralaya, Mumbai-32.

 

(2)  Dr. Santosh Bhogale, Underr Secretary & PIO, Directorate of Information Technology, GAD, Secretariat of Maharashtra, Mantralaya, Mumbai-32.

 

 

 

Date of receipt of the order appealed against

:

No order received.

 

 

 

Last date of filing the appeal

:

 

 

 

 

The grounds for appeal

:

All the grounds are already detailed in RTI Act2005 in so easy language but it is very unfortunate that the public servants are not obeying the same. However, the facts of this matter are appended below;

         

 

 

1.            I have sent an Application dated 13.04.2010 under RTI Act 2005 to Public Information Officer, Directorate of Information Technology, GAD, Secretariat of Maharashtra, Mantralaya, Mumbai-32.  A copy of the same is placed herewith as ANNEXURE-I at pages 1 to 3 along with its enclosures placed as ANNEXURE-II at pages 4 to 13.   

 

2.             In response to my Application under subject, I have received a reply on 02.05.2010 from Dr. santosh Bhogale, Under Secretary and Public Information Officer, Directorate of Information Technology, GAD, Secretariat of Maharashtra, Mantralaya, Mumbai-32 vide letter No. MaTaSa/Sandarbha-10/1883/Ka-39 dated 19.04.2010.  A copy of the same is placed herewith as ANNEXURE-III at page-14 wherein it is informed to me that my application is forwarded to Public information Officer of Social Justice and Special Assistance Department, Mantralaya, Mumbai-32.

 

3.             The reply was expected from Public Information Officer, Social Justice and Special Assistance Department before 18.05.2010.  However, no reply was received from concerned PIO even after a period of more than one month lapsed.  Therefore, I have sent a reminder dated 30.05.2010 by FAX to Mrs. Ujjwala P. vaidya, Desk Officer & PIO of your office and a copy to you for information.  A copy of said reminder is placed as ANNEXURE-IV at page 15 to 16.

 

                   It is pertinent to bring up the attitude of Mrs. Ujjwala P. vaidya, PIO of your department that she never provides requisite information under one pretext or the other.  My application dated 16.10.2010 is still unanswered for which I had to make another application dated 02.03.2010 and the same was also mishandled by her for which I have been forced to submit appeal.  The most unfortunate is that my that appeal dated 09.04.2010 is pending with you even after a period of 02 months is lapsed.  

 

4. CONDUCT OF PUBLIC INFORMATION OFFICER

 

               While observing the facts come out from the details in Para 3 above, it is proved that whatever action done by Mrs. Ujjwala P. vaidya, Public Information Officer and Desk officer is done with intention and it shows her intentional ignorance of duties assigned to him for public service. 

 

              It can be presumed that the PIO is disobeying the provision of RTI Act since she did not quote any section of the RTI Act 2005 and only tried to deny the access of the information under one pretext or the other and restricted the democratic rights of a citizen. 

 

               She has forgotten that he is a servant of citizens and acted like a dictator which is a RASHTRADROH in our democratic nation.  She is holding a sensitive post of Desk Officer in public service and posted in Secretariat of the state and so it cannot be considered that she is not literate to the level to understand constitutional provisions.  Therefore, her misconduct is unforgivable. 

 

               While observing her attitude toward public service it can be presumed the how he will be doing injustice to the assignments given to him for public service.  Such public servants are the root cause of injustice to public as they misuse the powers of the post for doing corruption as well as to get shelter and gives burden to the nation and so they should be immediately not only thrown out of public service but necessary legal action should also be initiated against for their imprisonment for RASHTRADROH for misusing the powers of the post for disobeying their constitution duty which is against the nation and all the public money paid to them while in public service should also be recovered with fine and they should be declared “DISQUALIFIED” for public service. 

 

 

Particulars of information

:

 

 

 

 

(i)    Nature and subject matter of the information required

:

Information in the form of Diskettes and zerox copies regarding establishment matters.

 

 

 

(ii)  Name of the Officer or Department to which the information relates

:

Mrs. Ujjwala P. Vaidya, Public Information Officer and Desk officer, Social Justice and Special Assistance Department, Secretariat of Mantralaya of Maharashtra, Mumbai.

 

 

ORDER SOUGHT BY THIS APPEAL

 

1.       In view of the facts as brought out above, I demand that the requisite information sought by me vide my application dated 13.04.2010 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.

 

2.       Maximum possible penalty should be imposed in accordance with section 20 of RTI Act 2005 against Mrs. Ujjwala P. Vaidya, PIO & Desk officer following with disciplinary action to remove her out of public service immediately since she is very harmful while in public service for a democratic nation keeping in view the facts brought out above. 

 

Subsequently, further legal action should also be initiated against her framing the charges of RASHTRADROH and all public money paid to her while in public service should be recovered from her with fine and she should be declared “DISQUALIFIED” for public service. 

 

It should also be taken into consideration that why her educational and other qualification should not be re-examined since her integrity is fallen under doubt?  Her all the qualification certificates produced by her while getting appointment in public service should also be seized till the outcome of her trial.

 

            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 1 to 16)

 

                                                                            Signature of Appellant

 

Copy to:

Mrs. Ujjwala P. Vaidya, Desk Officer and PIO

Social Justice and Special Assistance Department,

Mantralaya, Mumbai-400032.


(Guest)

APPLICATION FOR INFORMATION UNDER RTI ACT 2005

 

                                                                Date: 13.04.2010

From: Nilesh Wankhede

         District President,

            Dr. Babasaheb Ambedkar Democratic Rights Forum,

         “Ambedkar Sewa Sadan”,

         Tilak Ward, Post-WARORA,

         Distt. Chandrapur (M.S.)

         PIN-442907.

 

To:    Public Information Officer

        Directorate of Information Technology

        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 as mentioned in Para 2 below. 

 

2.          Please give me all IN-TIME and OUT-TIME data records of public servants of Social Justice and Special Assistance Department for the periods from (i) January 2005 to December 2007 and (ii) January 2009 up to date.  The data for the period January 2008 to December 2008 has already been given by Shri B. N. Sable, PIO & Under Secretary of DIT vide letter No. ______________ __________ dated 04.02.2009.  A copy of his letter is enclosed herewith ANNEXURE-III at pages- 5 to 7 for perusal.

 

3.          I have submitted an application on 16.10.2009 to Public Information Officer of Social Justice and Special Assistance department for IN-TIME and OUT-TIME data records of the public servants working in their department.  In response to my said application Mrs. Ujjwala P. Vaidya, PIO of SJ&SA has replied that; “______________ __________________________________________________

________________________”. A copy of letter dated 13 November 2009 is enclosed herewith as ANNEXURE-I at page-1 for your ready reference. 

 

4.    A copy of SHASHAN NIRNAY No. IND-1001/Pr.Kr.7/2001/17 (Ra.Va.Ka.) dated 9 April 2002 issued by General Administration Department, Mantralaya, Mumbai is enclosed as ANNEXURE-II at pages- 2 to 4 for ready reference wherein the work of centralized controlling of the Computerised Attendance Management System of Secretariat of Mantralaya is assigned to Directorate of Information Technology.

 

5.         As per RTI Act 2005 it is the responsibility of concerned public authority with whom the information is available to provide the same to the applicant citizen who apply under this act.

 

 

6.            Though, it is clearly provided in RTI Act 2005 that there is no need to give any reason while seeking any information under this act.  However, I feel it is pertinent to let it know to you that the requisite information is required to prepare the recoveries of public money due on public servants of secretariat to whom undue salary has been paid even for the periods when they were not present on work.

 

7.           We have initiated the action from Social Justice and Special Assistance Department and a copy of “SUMMARY OF RECOVERIES OF PUBLIC MONEY DUE ON PUBLIC SERVANTS OF SOCIAL JUSTICE DEPARTMENT OF SECRETARIAT OF MAHARASHTRA FOR THE PERIOD FROM JANUARY 2008 TO DECEMBER 2008” is enclosed herewith as ANNEXURE-V at pages-9 to 11 as an example for your ready reference so that it will become easy for you to understand the sensitivity & importance of the requisite information.

 

          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.

 

 

Place: Warora, Chandrapur.

Date: 13.04.2010                               Signature of Applicant

 

 

Copy for information to:

 

Mrs. Ujjwala P. Vaidya

Desk Officer & PIO

Social Justice & Spl. Assistance Deptt.,

Mantralaya, Mumbai-32

 

In ref. to their letter No.

                          dated 13 November 2009.

 

 

 

Copy for information to:

 

Principal Secretary (Ra.Va.Ka.)

General Administration Department,

Mantralaya, Mumbai-32.

 

In ref. to SHASHAN NIRNAY No. IND-1001/Pr.Kr.7/2001/17 (Ra.Va.Ka.) dated 9 April 2002.


(Guest)

MOST IMMEDIATE BY FAX TO (022)22836688

 

                                                                  Date: 30.05.2010

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.

 

 

            Sub: Forwarding of my Application dt. 13.04.2010 from

                 PIO of DIT to you.

 

          Ref: Letter No.MaTaSa/Sandarbha-10/1883/Ka-30

                 Dated 19.04.2010.

                                         __________

 

          I have sent an application dated 13.04.2010 to Public Information Officer, Directorate of Information Technology, GAD, Mantralaya, Mumbai-32, a copy of the same was also sent to you, for information under RTI Act 2005 regarding information of records of Attendance of public servants of Secretariat of Social Justice and Special Assistance Department for the period since when the Attendance management System (Card Punching records) is provided up to now in the form of Diskette (CD) since the same was denied by you under pretext that the technical assistant is not available in your office.

 

            I have received a letter, referred above, from My above said application Public Information Officer, Directorate of Information Technology wherein it has been informed by him to me that my application has been forwarded by him to you since the matter pertaining to your office.  A COPY OF THE SAME IS ENCLOSED HEREWITH FOR YOUR READY REFERENCE.  It is seen he has also assured technical assistance to you from Directorate of Information Technology.

 

            It is now a period of more than one month is passed but the requisite information is not received from yours.  However, it is provided in RTI Act 2005 that if no reply received from the concerned PIO the appeal can be submitted to public authority one grade higher in the same office and accordingly I have to submit the appeal in this case to the appellate authority of your office between 20.05.2010 and 19.06.2010.  I did not submit the appeal since waiting your reply under impression that the reply from you may be in postal tour.

 

          Please, therefore, either send me a copy of your reply BY SPEED POST OR INFORM ME ON MY MOBILE PHONE NUMBER 9322246333 so that I may arrange to collect the same per bearer.

 

 

Yours’

 

 

 

(Nilesh Wankhede)

 

 

Copy forwarded for information to:

 

Secretary, 

Social Justice and Special Assistance Department,

Mantralaya, Mumbai-32

 

Deputy Secretary (Est.),

Secretariat of Social Justice and Special Assistance Department,

Mantralaya, Mumbai-32

 

Dr. Santosh Bhogale

Under Secretary & PIO

Directorate of Information Technology,

GAD, mantralaya, Mumbai-32

 

Secretary (Ra.Va.Ka.)

General Administration department,

Mantralaya, Mumbai-32

Baskaran Kanakasabai (entrepreneur)     18 June 2010

Well done sri.Wankhede!

Keep it up.

Pl. note that patience and perseverance are two vital qualities that are essential  in order to ensure success in any chosen endeavour, more so in terms of efforts in the direction you have chosen.

The corrupt and lawless personnel should be weeded out of the government machinery to make it truly efficient and  to ensure that justice prevails. In fact this should have been an integral and routine function of the govt. machinery itself. But unfortunately it remains so only on paper.

In this respect, the role of volunteers like yourself is the only alternative. Sensible and responsible governments should  recognise the role of such citizens and encourage them through various possible ways.


(Guest)

Repies received are in MARATHI hene could not be quoted as the same and I cannot afford a translator.


(Guest)

As per Proforma of ANNEXURE “B” of the

Maharashtra Right To Information Rules, 2005 - See Rule 5 (1)

 

APPEAL UNDER SECTION 19 (1) OF RTI ACT 2005

 

                                                                  Date:  27.07.2010

 

From:

Nilesh Wankhede

District President,

Dr. Babasaheb Ambedkar Democratic Rights Forum,

“Ambedkar Sewa Sadan”,

Tilak Ward, Post-WARORA,

Distt. Chandrapur (Maharashtra)

PIN-442907.                                           

 

To,

Shri G. K. Wagh

Deputy Secretary and 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

:

No response received from PIO.

 

 

 

Last date of filing the appeal

:

17.08.2010

 

 

 

The grounds for appeal

:

 

 

1.          I, Nilesh Wankhede, a citizen of India, have submitted an Application dated 18.06.2010 under RTI Act 2005 for print-outs of records of attendance of public servants working in the secretariat of Social Justice and Special Assistance departments according to your advise which you have sent to me vide your office letter No. Asthapana-2010/Pr.Kr.164/Astha-1 dated 11.06.2010.  A copy of your letter dated 11.06.2010 is enclosed herewith as Annexure-I and my application dated 18.06.2010 is enclosed as Annexure-II.  It was your reply in response to my appeal dated 07.06.2010 wherein you have stated that the Directorate of Information Technology is not cooperating for technical assistance for copying of computerized data of attendance so I should make another application for printouts as the same will be given by your office.  Accordingly I have sent this application dated 18.06.2010, however, the same also is not responded by your subordinate public servants.

 

 

HISTORY OF THE CASE

 

2.        I have sent an Application dated 13.04.2010 under RTI Act 2005 to Public Information Officer, Directorate of Information Technology, GAD, Secretariat of Maharashtra, Mantralaya, Mumbai-32.   

 

 

3.        In response to my Application under subject, I had received a reply on 02.05.2010 from Dr. santosh Bhogale, Under Secretary and Public Information Officer, Directorate of Information Technology, GAD, Secretariat of Maharashtra, Mantralaya, Mumbai-32 vide letter No. MaTaSa/Sandarbha-10/1883/Ka-39 dated 19.04.2010 wherein the PIO/DIT had informed me that my application has been forwarded to Public information Officer of Social Justice and Special Assistance Department, Mantralaya, Mumbai-32.

 

 

4.        The reply was expected from Public Information Officer, Social Justice and Special Assistance Department before 18.05.2010.  However, no reply was received from concerned PIO even after a period of more than one month lapsed.  Therefore, I have sent a reminder dated 30.05.2010 by FAX to Mrs. Ujjwala P. vaidya, Desk Officer & PIO of your office and a copy to you for information.

 

 

5.        It is pertinent to bring up the attitude of Mrs. Ujjwala P. vaidya, PIO of your department that she never provides requisite information under one pretext or the other.  My application dated 16.10.2010 is still unanswered for which I had to make another application dated 02.03.2010 and the same was also mishandled by her for which I have been forced to submit appeal.  The most unfortunate is that my that appeal dated 09.04.2010 is pending with you even after a period of 02 months is lapsed.  

 

 

 

6.        CONDUCT OF PUBLIC INFORMATION OFFICER

 

While observing the facts come out from the details in Para 3 above, it is proved that whatever action done by Mrs. Ujjwala P. vaidya, Public Information Officer and Desk officer is done with intention and it shows her intentional ignorance of duties assigned to him for public service.

 

It can be presumed that the PIO is disobeying the provision of RTI Act since she did not quote any section of the RTI Act 2005 and only tried to deny the access of the information under one pretext or the other and restricted the democratic rights of a citizen.

 

She has forgotten that he is a servant of citizens and acted like a dictator which is a RASHTRADROH in our democratic nation.  She is holding a sensitive post of Desk Officer in public service and posted in Secretariat of the state and so it cannot be considered that she is not literate to the level to understand constitutional provisions.  Therefore, her misconduct is unforgivable. 

 

While observing her attitude toward public service it can be presumed the how he will be doing injustice to the assignments given to him for public service.  Such public servants are the root cause of injustice to public as they misuse the powers of the post for doing corruption as well as to get shelter and gives burden to the nation and so they should be immediately not only thrown out of public service but necessary legal action should also be initiated against for their imprisonment for RASHTRADROH for misusing the powers of the post for disobeying their constitution duty which is against the nation and all the public money paid to them while in public service should also be recovered with fine and they should be declared “DISQUALIFIED” for public service.

 

 

 

Particulars of information

:

 

 

 

 

(i)    Nature and subject matter of the information required

:

Printout of computerized records of attendance.

 

 

 

(ii)  Name of the Officer or Department to which the information relates

:

Mrs. Ujjwala P. Vaidya, Public Information Officer and Desk officer, Social Justice and Special Assistance Department, Secretariat of Mantralaya of Maharashtra, Mumbai.

 

 

ORDER SOUGHT BY THIS APPEAL

 

1.       In view of the facts as brought out above, I demand that the requisite information sought by me vide my application dated 18.06.2010 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.

 

2.       Maximum possible penalty should be imposed in accordance with section 20 of RTI Act 2005 against Mrs. Ujjwala P. Vaidya, PIO & Desk officer following with disciplinary action to remove her out of public service immediately since she is very harmful while in public service for a democratic nation keeping in view the facts brought out above. 

 

Subsequently, further legal action should also be initiated against her framing the charges of RASHTRADROH and all public money paid to her while in public service should be recovered from her with fine and she should be declared “DISQUALIFIED” for public service. 

 

It should also be taken into consideration that why her educational and other qualification should not be re-examined since her integrity is fallen under doubt?  Her all the qualification certificates produced by her while getting appointment in public service should also be seized till the outcome of her trial.

 

 

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

 

 

                                                         Signature of Appellant

 

DA: Annexures I to  II.

 

Copy forwarded for information and necessary action to;

 

Ms.Malini Shankar

Principal Secretary,

Social Justice Department, Mantralaya, Mumbai-32.

 

Mr. A.B.P. Pandey

Principal Secretary,

Information Technology Department, Mantralaya, Mumbai-32

 

Mr.K.P. Bakshi

Principal Secretary,

General Administration Department (Service) (Ra.Va.Ka.)

Mantralaya, Mumbai-32.

 

Shri Jadhav

Dy. Secretary

Directorate of Information Technology,

Secretariat, Mumbai-32.

 

Dr. Santosh Bhogle

PIO & Underr secretary

Directorate of Information Technology,

Secretariat, Mumbai-32.


(Guest)

Yesterday i.e. on 30.7.2010, a letter dated 20.7.2010 has been received by ordinary post from Mrs. Ujjwala P. Vaidya, Desk Office & Public Information Officer, social justice secretariat, Maharashtra wherein I have been advised to deposit Rs. 14000/- for 7000 pages of printouts.  Please see the appeal dated 27.7.2010 posted above.  This appeal was directly sublitted on 27.7.2010 and on receipt of the same the PIO has made this letter on a back date 20.7.2010.

 

Now the point is that, my application dt.18.6.2010 was directly submitted on same date.  PIO should provide the information within 30 days before 18.7.2010.  Note that the letter of PIO isdated 20.7.2010 it is after 30 days and so now the information will be provided at free of cost.

 

Now we will take action that the loss of Rs.14000/- to the public fund should be recorved from salary of the concerned public servant who have assigned as PIO in this case and failed to fulfil her duties.


(Guest)

We are now one more step ahead to recover over paid amount of salary about 800 crore rupees during last fice years paid to the 7000 public servants (officers and staff) of secretariat of Maharashtra who come office late and/or left the office early.  The principle is "NO WORK-NO PAY".

 

This is story of only secretariat offices and 7000 public servants.  Imagine the number public servants in the country and wasteage of public money for no work is how much???

 

Friends, please take initiative to recover our money and disciplinary action on defaulter public servants.


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