My two appeals under Section 19 (3) of the RTI Act were registered by the Central Information Commission vide case No. CIC/OKA/2008/00397 on 11/02/2008 and No. CIC/ OK/A/2008/00467 on 19/02/2008. My first appeal dated 17/01/2007 was replied by the First Appellate Authority on 04/04/2007, almost after 77 days from the date of my first appeal which was prima facie time barred in terns of Section 19 (6) of the RTI Act, 2005 and the CIC must have taken decision on the basis of appeals of the applicant without hearing in such sace.
Notwithstanding the fact of invalid and time barred disposal of FAA of IIT Kanpur, the CIC authorities issued me notice of hearing on 23/12/2008 against an appeal dated 19/02/2007 of some Man Mohan Gulati. I was informed on phone that this is a typographical ommission and you must attend the hearing on 7th January 2009. On the contrary the Public Information Officer, IIT Kanpur also informed the CIC about nonreceipt of any copy of said appeal vide his letter No.Estt./PIO/2008/ IITK/502 dated 31/12/2008.
Any way, both the parties reported their presence and we were directed to enter in the chember of Information Commissioner, Shri Shailash Gandhi at 04 P. M.
On entering in the chember, I was surprised that not a single paper relating to my appeal and the counter statement of the FAA were available on the table of Information Commissioner and he was looking on the screen of his Desk Top which might be containing some preloaded tainted decision. Instead, of asking the reply from the PIO who did not provided me a copy of the Counter Statement of the FAA, the Informatio Commissioner turned towards me and asked as to what information is to be provided to you by the IIT Kanpur. I replied that I have not been provided any information sought under Section 6 (3) of the RTI Act and also in respect of not processing my Legal Notice, served in 1979 under Section 30 of the Institutes Of Technology Act for constituting Tribunal of Arbitration, mandatory to be constituted for resolving the dispute. The Information Commissioner, instead testifying my conviction from the relevant public document, provided along with my appeal, he reverted to PIO to give reply. The PIO falsely satated that Section 30 of I. T. Act covers ony contractual employees. The Information Commissioner, instead extending me an opportunity to cross examine the PIO, abruptly pronounced his decision by stating that the RTI queries are a mix of alligations, grievances and seeking information. The PIO has provided the information, but hte applicant expects that his grievances will be resolved under RTI. This is not the domain of RTI. The appeal is dismissed.
He directed to collect the decision from the office which was served in less than ten minudes after announcement of decision.
On receipt a copy of the decision, I have noted that the Information Commission has neither incorporated any detail of my appeals nor referred in his decision. He has also embodied the appeal dated 19/02/2007 of Dr. Mah Mohan Gulati as referred in the Notice of Hearing. Secondly, the appeals ware not decided in conformation of Section 19 (10) of the RTI Act. Even the false reply of the PIO is not disclosed in the decision under criminal conspiracy with the FAA of IIT Kanpur. Lastly, the decision was not get authenticated from the Registrar as mandatory under Rule 8 of the CIC (Appeal Procedure) Rules just to avoid the illegality of the decision. Further, no compliance of the information part of the decision, is ensured from the PIO.
It is my humble submission that re-hearing of my appeals, which are eliminated from decision No.CIC/OK/A/2008//00467+00397/SG/0921 dated 7th January, 2009, may kindly be rescheduled for hearing in conformation of Section 19 (10) of the RTI Act. Information may kindly be provided as to how the time barred disposal of my first appeal by the FAA is admitted by the CIC against Section 19 (6) of the RTI Act.
आपके ऑडिट शाखा सी सी एस सी सी ए रूल 1965 के नियम 11(3अ) की सजा को नियम 11(6) का मानकर कर्मचारियों की वेतन वृद्धि रोकने के पेरे बना कर वसूली कर
रही है ।कृपया ऑडिट शाखा को 6.2.2014 का जारी आदेश की प्रतियॉ पुनः जारी करावे और ऐसे पेरे रद्द करावे ।
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