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(Guest)

AN APPLICATION UNDER RTI ACT 2005

APPLICATION FOR INFORMATION UNDER RTI ACT 2005

 

                                                                  Date: 12.04.2010

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

          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.  Please note that the requisite information is needed to calculate & recover the public money which is unduly paid to public servants of your department as salary even though for the period when they were not present on work.  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-I at pages- 1 to 3 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 requisite information has also to be produced as evidence to issue notice to Chief Secretary of State for filling a Public Interest Litigation for recovery of mishandled public money by public servants of Mantralaya secretariat.  Please do not mishandle or misguide into the matter as you have done in every previous application and give the proper, clear & complete information as detailed below in 6 items.  It is a very sensitive matter of public interest and so in case any more mishandling into it, the matter will be taken up before public through Media so please takes note of it. 

 

 

          Therefore, please give me the following information of all public servants whosoever posted in the office of Directorate of Information Technology during the period from January 2005 up to date;     

 

 

(1)       The data of attendance for the entire period since when the Attendance Management System is provided, up to date in the form of Diskette.

 

(2)       Please give me the certified copies of all file notings / correspondence documents whichever have been made for recovery of overpaid public money to the public servants who reported to office late after stipulated time i.e. 09:45 hrs.  I also want to observe personally all documents/ files in this connection.  I will submit my requirements of copies of any more documents after the observation.

 

(3)       Please give me the certified copies of all file notings / correspondence documents whichever have been made for recovery of overpaid public money to the public servants who left the office early before stipulated time i.e. 17:30 Hrs.  I also want to observe personally all documents/ files in this connection.  I will submit my requirements of copies of any more documents after the observation.  

 

[In this regard please note that the amount of public money paid to such defaulter public servants who left the office before stipulated time 17:30 hrs., 18:15 hrs. in case of Peon etc., for which the amount of public money equal to their half day emoluments have to be recovered following with disciplinary action.]

 

(4)       Please give me the certified copies of all file notings / correspondence documents whichever have been made for recovery of overpaid public money paid to the public servants who reported in office late after stipulated time i.e. 09:45 and / or left the office early before stipulated time i.e. 17:30 hrs. when they were nominated to attend the office on holidays. I also want to observe personally all documents/ files in this connection.  I will submit my requirements of copies of any more documents after the observation.

 

 

 

(5)       Please also give me attested copies of all the letters by which the public servants were nominated / called / permitted to attend the office on holidays during the period from January 2005, up to date.

 

(6)       Please give me certified copies of all the documents / registers / file notings / letters / orders etc. whichever have been made to give compensatory off to public servants in lieu of their presence in office on holidays.

 

(7)       Please give me certified copies of all the documents / registers / file notings / letters / orders etc. whichever have been made to give concessions / relaxation to come office late after stipulated time i.e. 09:45 hrs. and / or to leave the office before stipulated time i.e. 17:30 hrs. compensatory off to public servants in lieu of their presence in office on holidays.

 

(8)       Please give me certified copies of documents / statements of immovable property owned by the public servants during the period of last 10 years up to date. Please note to make it clear that the statement of immovable property owned by public servant is mandatory to submit in periodical term which falls under clause (f) of section 2 of RTI Act 2005 as general information and not restricted under section 8 and 9 of RTI Act 2005.

 

(9)       Please give me attested copies of authentic documents/ record from which monthly gross pay paid to public servants of your department can be seen.  Please give the information for the period of last 5 years from January 2005 up to now. 

 

(10)    Please give me certified copies of all posting orders of all the public servants whosoever posted in Establishment and Accounts Branches as Desk Officer/ Under Secretary/ Deputy Secretary during the period from January 2005 up to now.   

 

(11)    Please give me certified copies of documents showing the date of appointment and name of the post on which initially appointed in service. 

 

 

(12)    Please give me certified copies of documents showing the date of their promotion to the present post.

 

(13)    Please give me certified copies of their posting order while posting in the office of Directorate of Information Technology.

 

(14)    Please give me certified copies of their transfer/ relieving order while transferring/ deputation/ relieving them from the office of Directorate of Information Technology.

 

(15)    Please give me certified copies of all the letters./ orders whenever the public servants of the office of Directorate of Information Technology were sent/ posted / deputed for election duty/ census duty / examination duty or on any other duty other than their regular portfolio.

 

(16)    Please give me certified copies of all the letters./ orders whenever the public servants of the office of Directorate of Information Technology were nominated to attend duty at Nagpur during Nagpur Assembly session during the years from 2005 to 2009.

 

(17)    Please give me certified copy / copies of earlier periodical working report of public servants whosoever posted in the office of Directorate of Information Technology during the period from January 2005 up to now.

 

          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: 12.04.2010                                     Signature of Applicant



Learning

 8 Replies


(Guest)

I have got reply of the above application and will post here a scanned copy of the same shortly for perusal of all the friends here.

Arup (UNEMPLOYED)     21 May 2010

eagerly waiting. please do.


(Guest)

Dear Friends, please let me have some time since the reply given by them is in MARATHI and so we are trying to translate it in English so our all the Indian Citizens can understand the matter.  We promise all of you that we will post here all the important documents at every important step till the finalisation of the matter.

 

Matter in brief;

The visioner of 21st century late Mr. Rajiv Gandhi, when he was the seating prime Minister, underlined that out of every 100 rupees only 15 rupees reaches to public work and every 85 rupees goes in the pocket of public servants and their managing agents.  At present the economy of Maharashtra State is over loaded with burder of Rs.2000000000000/- that is RUPEES TWO LAC CRORES.  What is 85% of it ?  Why should not this amount to be recovered ?  Why should the criminal cases for RASHTRADROH to be initiated against those who are doing this crime against nation and crime against Indian Citizens ?   

 

Friends, it is our nation and it is our rule and they are our servants who are mischief with us.

We ourselves should take care or we will ever be crying for right as well as for justice.


(Guest)

Dear Indian Citizen Democrat Friends !!..

 

Today, right now, I was just watching th eHome page of this Constitutional LAW FORUM and I have gone to "Share Files".  On click "More Files" I find there some material is placed by Ms. Jyoti which is highlighted as Delhi Hogh Court (Right to Information) Rules, 2006.  Immediately I have made download of it.

 

I have gone through the draft of the above said Delhi High Court (Right to Information) Rules, 2006.  The first reaction I felt that I am residing in a "SUBCONTINENT OF BRITISH EAST INDIA COMPANY WHICH ONLY BECOME SOMEKIND LIBERAL" but still they are governing on me.

 

Ever it comes out that the judiciary is not modernized according to the concept of Indian Democracy and still ‘insisting’ for conservative society.  WHEN AND HOW THE PUBLIC SERVICE SERVANTS WILL UNDERSTAND THAT THE INDIA IS NOW BECOME A DEMOCRACY WHERE IS; “THE RULE OF PUBLIC-RULE BY PUBLIC-RULE FOR PUBLIC” AND ALL THE PUBLIC SERVANTS ARE ONLY SUCH “CLERICAL ASSISTANTS” AND “WORKER” TO EXECUTE THE ORDERS OF CITIZENS.

 

It is regretted to say that there many inconsistencies’ to the provisions in Right To Information Act 2005 which are of very severe nature.

 

Somewhere in this forum of LCI it was underlined by someone that the court has supremacy to interpret the constitutional drafts.  WHAT SHOULD I SAY NOW ? I AM JUST WORDLESS HERE !!!

 

I did not post it in a new posting for perusal of all of you the responsible citizens since I am going to make compiance of it with the provisions in RTI Act 2005 and will submit the same in a NEW POST here in 2-3 days so that we will discus on each and every points and after discussion the same will be taken up by Dr. Babasaheb Ambedkar Democratic Rights Forum for removing difficulties.

 

One more thing is left which I want to submit that the RTI Act 2005 is not TO PROVIDE INFORMATION TO CITIZENS.  The Right To Information Act 2005 is for punishing the defaulter public servants who deny excess of the information to the citizens.  BUT IT IS VERY UNFORTUNATE AS EVER THAT THE BUREAUCRACY WILL NEVER LET IT TO BE EFFECTIVE AND BUREAUCRATS ARE EVERYWHERE INCLUDING JUDICIARY. 

Thanks and regards...


(Guest)

 

                                                   Date: 22.06.2010

 

To:    Dr. Santosh Bhogale

         Under Secretary and

         Public Information Officer

        Directorate of Information Technology

        Mantralaya, Mumbai – 400 032.

 

Sub: My application dated 12.04.2010 for information under

      RTI Act 2005

 

Ref: Your Letter No.MaTaSa/Sandarbha-10/1887/Ka-39

       dated 06.04.2010 ???????? in reply to my application

     dated 12.04.2010.

                            ________

 

            As advised by you and as per RTI Act 2005, I have sent Rs.75/- (Rs.50/- for CD and Rs.25/- for postal charges of Speed Post) to you by Money Order to you.  Please deposit the amount and send the CD yo me by SPEED POST.  I cannot come personally right now.  If you like to handover the CD of requisite information personally so Shri Ram Samudre, as my representative in this matter, may collect the same from you.  I am also authorizing him hereby to discuss the matter with you if needed.  The mobile phone number of Shri ram Samudre is 9322246333.

 

            A copy of the money order receipt is enclosed.

 

Yours’ sincerely,

 

 

(Nilesh Wankhede)

Bhartiya No. 1 (Nationalist)     24 June 2010

Excellent work. Plz. go ahead. My Good Wishes will Always be With You. Thanks


(Guest)

   APPEAL UNDER SECTION 19 (1) OF RTI ACT 2005

 

                                                                 Date: 09.08.2010

 

From:

Nilesh Wankhede

Distt. President,

Dr. Babasaheb Ambedkar Democratic Rights Forum,

Ambedkar Sewa Sadan, Tilak Ward,

Post: WARORA, Distt. Chandrapur (M.S.)

Cont.: 9322246333 email: drf.india@gmail.com

                                           

 

To,

Shri S. H. Jadhav

First Appellate Authority

Directorate of Information Technology,

General Administrative Department,

Mantralaya, Mumbai – 400 032.            

 

 

                   

      __________

 

 

 

Particulars of the Public Information Officer

:

Dr. Santosh Bhogle, Under secretary/DIT.

 

 

 

Date of receipt of the order appealed against

:

12.06.2010

 

 

 

Last date of filing the appeal

:

11.08.2010

 

 

 

The grounds for appeal

:

Grounds are already given in RTI Act 2005 clearly in so simple words in detail.  However, facts of the matter are appended below;

 

1.            I have submitted an Application dated 12.04.2010 under RTI Act 2005.  A copy of the same is placed herewith as ANNEXURE-I at page-1.   

 

 

            

 

2.            In response I have received a letter on 12.06.2010 from Dr. Santosh Bhogle, Under Secretary & Public Information Officer sent vide letter No. MaTaSa/Sandarbha-10/1887/Ka-39 dated 06/04/2010?.  A copy of the same is placed herewith as ANNEXURE-II at pages-2 to 3.  Please note the date of letter sent by him is dated as 06.04.2010 in response to my application dated 12.04.2010.  The mistake committed by him shows his careless attitude toward public service and lack of knowledge in drafting.

 

3.           The PIO of your office has advised vide his above referred letter that I should pay Rs.50/- within 5 days to get the computerized copy of data records of attendance of public servants of your office.  Here once again the PIO has shown his attitude like dictator on the people of India while dictating baseless time limit of 5 days to deposit the money and to get the data.  His attitude is showing that he has forgot that he is a public servant and getting salary for public service and his misconduct of ignorance duty clearly proved that he is unfit to be remained in public service.

 

4.         However, I have sent Rs.75/- by money order including Rs.50/- for charges of CD and Rs.25/- to send the CD to me by Speed Post.  I have sent the money order and its advice on 22.06.2010 by Mantralaya Post Office through my representative Mr. Ram Samudre who resides at Mumbai.   A copy of my said letter dated 22.06.2010 is enclosed herewith as ANNEXURE-III at page-4 and copies of Money Order Receipt dt.22.06.2010 and Speed Post receipt dt.22.06.2010 are enclosed as ANNEXUREs-IV & V respectively at page-5.    

 

5.       In the said letter dt.22.6.2010 I have also nominated/authorized Mr. Ram Samudre to collect the CD on my behalf personally whereas he met to Dr. Santosh Bhogle, PIO on 06.07.2010 but the PIO told him that it is not his job and advised to my representative to get the information copied from the computer.  While going through the process it is seen that all the data is hidden from access to the people of India by personalized password.  Though it is the duty of the public servant who have been assigned the work as a Public Information officer.  It was the third attempt of Dr. Santosh Bhogle, PIO wherein he has shown his attitude of ignorance of public service.

 

 

6.      Once again his attitude of intentional mishandling into the matter has come out by his letter No.MaTaSa/Sandarbha-10/1887/Ka-39 dated 06.04.2010??? which is received here on 12.07.2010 wherein he is stating lies that my representative did not met him and he has accepted that Rs.75/- sent by me on 22.06.2010 have been received by him.  If the amount of charges for CD and postal charges are received by him so why he has not sent the CD to me by post?  A copy of envelope under which the letter was sent by PIO is enclosed as ANNEXURE-VI at page-6 from which it can be seen that the letter is received on 12.07.2010.

 

7. CONDUCT OF PUBLIC INFORMATION OFFICER

 

               While observing the facts come out from the above details, it is proved that whatever action done by Dr. Santosh Bhogle, PIO/Under Secretary is done with intention and it shows his intentional ignorance of duties assigned to him for public service. 

 

               It can be presumed that he is disobeying the provision of RTI Act since he 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. 

 

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

 

               While observing his 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. 

 

8. ORDER SOUGHT BY THIS APPEAL

 

(i) It is provided under sub-section (6) of section 7 of RTI Act 2005 that notwithstanding anything contained in sub-section (5) of RTI Act 2005, the person making request for the information free of charge where a public authority fails to comply with the time limit specified in sub-section (1).  Consequently it is pertinent to refer;

 

(a)   the sub-section (5) which says that whereas access to information is to be provided in the printed or in any electronic format, the applicant shall, subject to the Provisions in sub-section (6), pay fees as may be prescribed

 

(b)   sub-section (1) says that subject to the proviso to sub-section (2) of section 5 or the proviso to sub-section (3) of section 6, the Central Public Information Officer or State Public Information Office, as the case may be on receipt of a request under section 6 shall, as expeditiously as possible, and in any case within thirty days of the receipt of the request, either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons specified in section 8 and 9.

 

Therefore, the requisite information sought by me vide my application dated 16.02.2010 should be given to me as early as possible at free of cost as per provision of sub-section (6) of section 7 of RTI Act 2005.

 

(ii)  maximum possible penalty should be imposed in accordance with section 20 of RTI Act 2005 against Dr. Santosh Bhogle, PIO & Under Secretary, Ditectorate of Information Technology, General Administration Department, Mantralaya, Mumbai following with disciplinary action to remove him out of public service immediately since he 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 him framing the charges of RASHTRADROH and all public money paid to him while in public service should be recovered from him with fine and he should be declared “DISQUALIFIED” for public service. 

 

 

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

 

 

 

Particulars of information

:

 

 

 

 

(i)  Nature and subject matter of the information required

:

Computerised copy of data of attendance management system in the form of Diskettes regarding attendance details of public servants of Directorate of Information Technology, Secretariat of Maharashtra.

 

 

 

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

:

Directorate of Information Technology,

Secretariat of Maharashtra,

Mantralaya, Mumbai.

 

 

DA: Annexures I to VI (Pages 6)

 

Date: 09.06.2010                                    Signature of Appellant

Place: Mumbai.

 

 

Copy forwarded for information and necessary action to;

 

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.


(Guest)

   MOST URGENT & IMMEDIATE – BY FAX

 

 

                                                                  Date: 06.09.2010

To:      Shri S. H. Jadhav,

           Dy.Secy. & Appellate Authority

          General Administration Department,

          Directorate of Information Technology

          Mantralaya, Mumbai – 400 032.

 

                   

     

 

Sub: Information Appeal dt.12.04.2010 under Section 19 (1)

       of RTI Act 2005.

 

Ref: (i) Appeal dt.09 August, 2010.

 

       (ii) Your illegal and unconstitutional letter

            dated 27 April, 2010 (copy enclosed).

_________

 

            I am in receipt of your illegal and unconstitutional letter dated 27 April, 2010, under reference, which has been sent by you in response to my Appeal dated 09 August, 2010.  A copy of your letter is enclosed for ready reference.  The same has been received on 03.09.2010.

 

            While observing your letter it can be seen that you have blindly signed the letter carelessly without reading that what has been typed by your typist.  It is very unfortunate to have such experience repeatedly even after reported.  The same has been reported in Para 2 & 6 of my appeal so it has also come out that you have not even read my appeal.  Surprisingly you are appointed in public service and reached to the post of Deputy Secretary and posted in such sensitive & important office of secretariat of a state.  What justice is being given by you to the work assigned it can be imagine easily.

 

          You have not mentioned that under provision of which section of RTI Act 2005 you are empowered to conduct the hearing on 06.09.2010 and under which section I am bonded to be present before you ?  Without mentioning the relevant constitutional provision your letter and your act is illegal and unconstitutional which is unexpected from a public servant.

 

            It is to state hereby that I have already mentioned the facts in my appeal and enclosed all relavant documents.  So please read the same and do the needful to your duties.  It is not justified that I should come from Warora (Chandrapur) to Secretariat agt Mumbai for unnecessary & unjustified so called hearing.  The PIO is your subordinate in your office so you can call him anytime and while going through my appeal you can understand my side.  I do not feel any need for my personal presence at this stage.

 

 

With wishes,

 

Yours’

 

 

 

 

(Nilesh Wankhede)


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