Saturday, August 31, 2013

[rti4empowerment] From Millind Kotak - FEAT RESTARTS STEPS FOR ENSURING MAHANAGR GAS LIMITED COMPLIES WITH THE RIGHT TO INFORMATION ACT : [4 Attachments]

 
[Attachment(s) from Milind Kotak included below]

Hello Friends :

Forum for Effective Accountability and Transparency (FEAT), a Mumbai based NGO, was founded by me and 4 others on October 2, 2008. One of the objects of FEAT is to "Take necessary and appropriate steps for making the Right to Information Act, 2005 a more powerful and effective Act for citizens". Hence FEAT has decided to restart the efforts initiated by Shri Kewal Semlani to make Mahanagar Gas Limited (MGL) comply with the Right to Information Act, 2005 (RTI Act), which came to a grinding halt due to his death and due to certain erroneous findings made by the Central Information Commission, New Delhi (CIC) and the Hon'ble Delhi High Court. As a first step in that direction I have already issued a letter to the MD of MGL with a request to comply with the RTI Act within 7 days (PDF file of this letter enclosed as document named "MGL-MD-RTI-1"). In addition FEAT has launched a dedicated email address featmgl@gmail.com for receiving citizen complaints related to MGL. I would personally be replying to these emails by devoting atleast one hour every day.

One type of "public authority" defined under Section 2 (h) of the Right to Information Act, 2005 (RTI Act) is "any authority or body or institution of self-government established or constituted by notification issued or order made by the appropriate Government, and includes any body owned, controlled or substantially financed directly or indirectly by funds provided by the appropriate Government". According to the submissions made by Mahanagar Gas Limited (MGL)  before the Hon'ble CIC, the shareholding pattern of MGL is GAIL (India) Ltd (GAIL)  and the BG Group, (U.K.) (BG) hold 49.75 % each and Government of Maharashtra (GOM)  holds the balance 0.5 %. According to the website of MGL, the Board of Directors of MGL consists of 9 Directors of which 4 are independent non-executive directors, all of whom have retired from the Public sector, of which 2 have retired from GAIL. From the remaining 5 Directors, 2 are from GAIL, 2 from BG and 1 from GOM. Thus MGL is a "public authority" as defined under Section 2 (h) of the RTI Act.

Hence according to Section 5 (1) of the RTI Act, from October 2005 onwards, MGL should have complied with the RTI Act. However till date, which is almost 8 years later, MGL does not comply with the RTI Act, even after a complaint made by Shri Kewal Semlani, which resulted in the Final order dated August 1, 2008 (the Final CIC Order) passed by CIC declaring MGL as a "'Public Authority' within the meaning of Section 2(h) of the RTI Act" (PDF file of the Final CIC order enclosed as document named "Full-Bench-CIC-Order-Aug1-2008"). In the Final CIC order, instead of showing Shri Kewal Semlani as the Complainant, he has been erroneously shown as an Appellant. 

Rather than complying with the Final CIC order, MGL filed a Writ Petition before the Hon'ble Delhi High Court and obtained a stay on the Final CIC order. In this Writ Petition, CIC was Respondent No. 1 and Shri Kewal Semlani was Respondent No. 2. Around the time MGL obtained the stay on the Final CIC order, Shri Kewal Semlani expired. On July 16, 2009, the Hon'ble Delhi High Court made an erroneous finding that Mahadhikar, a NGO formed by Shri Kewal Semlani "had moved an application under Right to Information Act, 2005", which has been recorded in the order passed on that date (The order dated July 16, 2009 as downloaded from the website of Delhi High Court enclosed as document named "Delhi-HC-Order-July16-2009"). This error possibly could have been due to the error of CIC of showing Shri Kewal Semlani as an Appellant in the Final CIC order. Based on this erroneous finding, Hon'ble Delhi High Court directed that Mahadhikar be made Respondent No. 3 and directed MGL to take steps to serve the Amended Writ Petition on Mahadhikar within 10 days. It is pertinent to note that on this date, the Respondent No. 1, namely CIC, was represented by Advocate K.K. Nigam. However this Advocate neither brought to the notice of the Hon'ble Delhi High Court that this finding was erroneous nor offered to argue the matter in the absence of Shri Kewal Semlani.

However when the Bailiff went for service of the amended Writ Petition to the office of Mahadhikar, no one was available in their office, which has been recorded in the order passed on March 23, 2010 (The order dated March 23, 2010 as downloaded from the website of Delhi High Court enclosed as document named "Delhi-HC-Final-order-Mar-23-2010"). In the order dated March 23, 2010, the Hon'ble Delhi High Court held that the Final CIC order "which has been stayed by this Court, cannot be implemented as there is no one to whom such information is given", which also is an erroneous finding, which possibly could have been due to the error of CIC of showing Shri Kewal Semlani as an Appellant in the Final CIC order. Based on this erroneous finding, Hon'ble Delhi High Court directed "In the peculiar circumstances of the case, this Court directs that the impugned order of the CIC will not constitute as a precedent on the question whether the Mahanagar Gas Limited is a public authority within the meaning of Right to Information Act 2005. That question is left open to the decided in a appropriate case".

I have been aggrieved by forged bills from MGL. My requests to MGL to provide me with documents in support of the forged bills fell on deaf ears. In case MGL was RTI compliant then I would have been able to get the copies of these supporting documents and proved that the bills were forged bills. In case these erroneous findings were not made by the Judicial authorities, then by now we would have had a judicial order of declaring MGL as a "public authority" reach a finality and I would have been able to obtain the copies of the supporting documents. As the Ho'nble Delhi High Court has held that the question of whether MGL is a "public authority" under the RTI Act or not "is left open to the decided in a appropriate case", the efforts taken by Shri Kewal Semlani to make MGL comply to the RTI Act will have to be restarted once again from scratch, which FEAT has decided to do.

 Looking at the fact that MGL engaged Senior Advocate Shri A N Haksar even before CIC,  and further looking at the fact that MGL challenged the Final CIC order before the Hon'ble Delhi High Court, it appears that MGL is hell bent not to comply to the RTI Act. Thus FEAT expects that MGL would not hesitate in going right upto the Hon'ble Supreme Court and that too with Senior Advocates. We at FEAT will do all that is necessary to get a Final order directing MGL to comply to the RTI Act, which would benefit all citizens connected to MGL, including the employees of MGL. Hence we request citizens / employees of MGL / NGO's / Corporates and Political parties to whole heartedly support FEAT in this cause by making generous voluntary contributions. Please send the cheques for the voluntary contribution favoring "Forum for Effective Accountability and Transparency", with your name and address to our office at Tulips House (3rd Floor), 101, Shivaji Park, Dadar Mumbai 400028. These contributions would be entitled to tax exemption under Section 80-G of the Income Tax Act. Within 7 days of receipt of these donations we will send the stamped receipt by courier.      

Apart from the forged bills, at the time of the disconnection, MGL employees and contractors committed cognizable offenses. In the above circumstances I submitted two Police Complaints dated August 4, 2013 and August 6, 2013 to Powai Police Station. However rather than registering the FIR's, Powai Police Station issued me incorrect and illegal letters. I will not only take steps to have the FIR's registered against MGL and its employees and contractors but also against the Senior for not registering FIR against them and for issuing incorrect and illegal letters.

The battle of making MGL RTI compliant and getting these FIR's registered is a long batlle ahead. I will keep all of you informed as the activities progress. I thank all of you to have patiently read this email and request all of you to support the cause of making MGL RTI compliant by not only making generous voluntary contributions favoring "Forum for Effective Accountability and Transparency" but also by forwarding this email to as many people known to you.

Thanking you

Yours faithfully

Millind Kotak

(Lead Founder - FEAT)

Encl: As Above

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Attachment(s) from Milind Kotak

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[rti4empowerment] whether DOPT made advertisement in any NEWSPAPER for Chief or IC in cic

 



 
  Please inform whether DOPT((DoPT) May 2013  made advertisement in any NEWSPAPER, GAZETTE about calling  Applications from eligible candidates for filling the vacancies of Chief & Information Commissioner in Central Information Commission (CIC).

If yes mean, kindly inform name of  newspaper, which edition, date of publish
 




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[rti4empowerment] ACJM dismisses petition for FIR on actor Kamal Khan

 

ACJM dismisses petition for FIR on actor Kamal Khan

ACJM, Lucknow dismissed the petition filed by me for registration of FIR against film actor Kamal R Khan in his review of film Raanjhana.

In the Video Review uploaded on Youtube on 20 June 2013, Khan had said-"Sir, I don't know whether you are from UP or not, but I am. In the whole of UP, you will find cobblers and sweepers who look like Dhanush but you will not find such single rotten Brahman as him in entire UP."

I had sought FIR against Khan's comments calling them humiliating and degrading to the members of these two Schedule castes but the ACJM said that an offence under the SC/ST Act is made only when it is aimed at a particular individual which is not the case here; hence no cognizable offence is being made.

The order by any judicial authority is supposed to be the word of God but here somehow, I seem to be bewildered by the way the final interpretation has been made and have decided to take the matter to the higher forum for review. 


Copy of the order--

Your views please?

Amitabh Thakur
Lucknow
# 094155-34526

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Friday, August 30, 2013

[rti4empowerment] PIL to regulate Godmen and astrologers of different religions

 

PIL to regulate Godmen and astrologers of different religions

In the aftermath of Asharam Bapu incidence, I and wife Nutan have filed a PIL in Allahabad High Court, Lucknow bench to put some regulatory mechanism for Godmen, occult practitioners and astrologers of all religions.

The petition says that India has a very large number of Godmen, occult practitioners and astrologers in all religions with different claims of divinity and supernatural powers and having great hold over people, particularly the poor and illiterate. Most of these people take monetary returns in return of their services; hence they need to be treated as professionals.

As per the petition, these people also need to be regulated by appropriate professional bodies like other professions, so as to safeguard interest of common people and to stop entry of imposters and cheats. .

Hence, we have asked for formation of two separate Professional bodies at National and Regional levels for Astrologers and God-men of various religions to act as Regulatory and controlling authorities, consisting completely of people from these fields.

Copy of PIL--

Copy of representation sent previously--

Amitabh Thakur
Lucknow
# 094155-34526

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Thursday, August 29, 2013

[rti4empowerment] 4Media: PM approved 01 Chief IC + 04 ICs Posts in CIC [3 Attachments]

 
[Attachment(s) from Lokesh Batra included below]

PM approved 01 Chief IC + 04 ICs Posts in CIC
 
 
1.    [Just now I received the response  by email from DoPT on my RTI request of 15 July 2013 delivered by hand.. (The document received thru trailing email has been renamed).When I did not receive the RTI response in 30 days, I had filed appeal on 35th day of my RTI on 19 August 2013 allowing 05 days postal delay. It is no surprise to me that CPIO's response letter received thru email is dated 12 August 2013. It has been happening in the past too. Wonder if DoPT has a habit of signing antedate and posting by ordinary post and delay is passed on to Department of Posts.]
 
 
2.    CPIO response on my queries below read:
 
 
- 422 applications have been received for the post of Information Commissioners in CIC.. List of names attached.
 
 
- PMO has conveyed the approval of Hon'ble Prime Minster for appointmant of one post of CIC and four posts of ICs in the current round of selection.
 
 
- DoPT after receipt of applications, tabulated them and sent to 'Selection Committee' headed by Cabinet Secretary.
 
 
- No procedure has been laid down by DoPT.  
 
 
3.    It is strange that DoPT is not aware of procedure/policy/criterion (if any) for (i) for processing the names of candidates/applicants and (ii) for shortlisting/ screening the names for placing before the selection committee inspite of Apex court directions in its order of 13.09.2012 in case of Namit Shatrma Vs. UOI .
 
RECAP
 
 
 
4.    It may be recalled that Hon'ble Supreme Court in its Order of 13.09.2012, in case of W.P(C) 210/2012; Namit Sharma Vs. Union of India; had well elaborated on 'Transparency in Appointment of Information Commissioners'. Copy of order attached.
 
 
5. SC on Stay : On 16 April 2013, apex Court in its order on I.A.No.6 in R.P.(C) No.2309 of 2012 declined to stay the operation of the entire Judgement. Hon'ble SC directed that directions in sub-paras 108.8 and 108.9 (of 13 September 2012 Order) shall remain stayed during the pendency of the Review Petition No. 2309 of 2012. Copy of SC Order attached.
 
 
6.    The Apex Court has only stayed its directions regarding:
 
(a) Working of Information Commissions in Benches of two members each. One of them being a 'judicial member', while the other an 'expert member' xxx.
 
(b) The appointment of the judicial members to any of these posts shall be made 'in consultation' with the Chief Justice of India and Chief Justices of the High Courts of the respective States, as the case may be.
 
SC on Transparency
 
 
7.          In context of transparency in appointment of Information Commissioners; Para 104 and sub-paras 106(10) (11) & (12)) of the said Order are relevant. The emphasis is on laying down transparent procedures and rational criterion for appointment of information Commissioners.
 
 
8.      It goes without saying that once the transparent procedure and criterion for selection of ICs are fixed, these should be placed in Public Domain prior to selection procedure begins.
 
 
9.    My RTI queries:
 
 
Quote
 
(a) Total number of applications/nominations received in DoPT for ICs posts in CIC and the number of Vacancies to be filled.
 
 
(b) Provide me list with names of applicants who have applied for ICs posts in CIC. Personal information/ data of applicants not required.
 
 
(c) Please provide me list of file/files with reference number(s) on which the names received in response to the said DoPT's reference of dated 31 May 2013 mentioned above, are being processed.
 
 
(d) Please intimate the laid down procedure/policy/criterion (if any) for (i) for processing the names of candidates/applicants and (ii) for shortlisting/ screening the names for placing before the selection committee.
 
 
(e) I would also like to inspect all the file/files concerned with the said issue. At that stage, I will take photocopies (duly certified) of the documents and notings in the file(s) as required by me. Please intimate the date and time for the inspection.
 
 
Unquote
 
 
Best
Commodore Lokesh Batra (Retd.)
BringChangeNow
 
....................












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Attachment(s) from Lokesh Batra

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Wednesday, August 28, 2013

Re: [rti4empowerment] Three-four necessary steps to fix rupee collapse problemld do

 

Sir, unfortunately we cannot have dollars as our currency because of the disparity in incomes-productivity, etc. But, maybe we could export our politicans-babus-judges even at a steep discount!?

MEEEEEEOOOOOWWWW.

Victor



From: Gopalkrishnan iyer <iyer_ga@yahoo.com>
To: Victor Cooper <victor99cooper@yahoo.com>; Business Standard <niraj.bhatt@bsmail.in>; Asian Age <editor@asianage.com>; Kiran Bedi <kiranbedi2005@yahoo.co.in>; Manohar Parrikar <manoharparrikar@yahoo.co.in>; Paranjoy <paranjoy@gmail.com>; Human Rights <chairnhrc@nic.in>; Outlook <freespeech@outlookindia.com>; World Watch <worldwatch@worldwatch.org>; HT <editormumbai@hindustantimes.com>; TOI <edit@timesgroup.com>; Free Speech <geetaseshu@gmail.com>; AamAadmi Party <contact@aamaadmiparty.org>; Turning Point <turningptindia@gmail.com>; Arnab Goswami <arnab.goswami@timesgroup.com>; Transparency International <tiindia.newdelhi@gmail.com>; Association for Democratic Reforms <adr@adrindia.org>; Goanspirit Lionel <goanspirit@yahoo.com>; Goa RTI <GoaRTI@yahoogroups.com>; MINT <impartialspectator@livemint.com>; Hitavada <editor@thehitavada.com>; IndiaToday <letters.editor@intoday.com>; GOACAN <goacan@gmail.com>; Tehelka <editor@tehelka.com>; Times India <toi.goa@timesgroup.com>; Herald <mail@herald-goa.com>; Goa Bachao <goabachaoabhiyan@gmail.com>; Navhind Times <lpost@navhindtimes.com>; Gomantak Times <gteditor@gmail.com>; LK Advani <advanilk@sansad.nic.in>; Humanrightsactivist Yahoogroups <humanrightsactivist@yahoogroups.com>; Dr. Raizada <pedia333@gmail.com>; "rti4empowerment@yahoogroups.com" <rti4empowerment@yahoogroups.com>; Janshakti <Janshakti@yahoogroups.com>; Voiceofindia <voiceofindiagroup@yahoogroups.co.in>; DNA <inbox@dnaindia.net>
Sent: Wednesday, August 28, 2013 11:30 AM
Subject: Re: [rti4empowerment] Three-four necessary steps to fix rupee collapse problemld do

 
I am a layman as far as economics are concerned. But one thing is certain that we are dependent more on other contries than ourselves! Why have Rupee as our currency if we have to be dependent on Dollar, Euro etc. for our own economy! Why our economy be steered by dollar and euro? If Dollar is so important for our econaomy, appologize for my ignorance, why not we also have our currency as dollar just like the european union adopted common currency Euro. China's factories are booming because of our massive outsourcing to them (despite our so called capability in all fields?) and being paid in dollars. Not only thatr we are depriving employment to our people but help other countries grow while we lament and pass bucks in the midst of scams!!


From: Victor Cooper <victor99cooper@yahoo.com>
To: Business Standard <niraj.bhatt@bsmail.in>; Asian Age <editor@asianage.com>; Kiran Bedi <kiranbedi2005@yahoo.co.in>; Manohar Parrikar <manoharparrikar@yahoo.co.in>; Paranjoy <paranjoy@gmail.com>; Human Rights <chairnhrc@nic.in>; Outlook <freespeech@outlookindia.com>; World Watch <worldwatch@worldwatch.org>; HT <editormumbai@hindustantimes.com>; TOI <edit@timesgroup.com>; Free Speech <geetaseshu@gmail.com>; AamAadmi Party <contact@aamaadmiparty.org>; Turning Point <turningptindia@gmail.com>; Arnab Goswami <arnab.goswami@timesgroup.com>; Transparency International <tiindia.newdelhi@gmail.com>; Association for Democratic Reforms <adr@adrindia.org>; Goanspirit Lionel <goanspirit@yahoo.com>; Goa RTI <GoaRTI@yahoogroups.com>; MINT <impartialspectator@livemint.com>; Hitavada <editor@thehitavada.com>; IndiaToday <letters.editor@intoday.com>; GOACAN <goacan@gmail.com>; Tehelka <editor@tehelka.com>; Times India <toi.goa@timesgroup.com>; Herald <mail@herald-goa.com>; Goa Bachao <goabachaoabhiyan@gmail.com>; Navhind Times <lpost@navhindtimes.com>; Gomantak Times <gteditor@gmail.com>; LK Advani <advanilk@sansad.nic.in>; Humanrightsactivist Yahoogroups <humanrightsactivist@yahoogroups.com>; Dr. Raizada <pedia333@gmail.com>; "rti4empowerment@yahoogroups.com" <rti4empowerment@yahoogroups.com>; Janshakti <Janshakti@yahoogroups.com>; Voiceofindia <voiceofindiagroup@yahoogroups.co.in>; DNA <inbox@dnaindia.net>
Sent: Wednesday, 28 August 2013 10:52 AM
Subject: [rti4empowerment] Three-four necessary steps to fix rupee collapse problemld do

 
One wishes that the Congress-UPA would stop blaming everyone else for the economic crisis the nation is facing. It is time for the government to bite the bullet with the three or four step medicine to stem the collapse:

1.  Energy imports are the largest component of India imports accounting for some 60% of all foreign exchange earnings. It is imperative that energy prices are completely freed and respect the first lessons in economics which says that demand will fall as prices are increased. Of course this will increase inflation too, but hey MEEEEOOOOW, you gotta bear the pain of the injection to curse the painful disease!

2.  Call parliment till the GST issue is solved AND IMPLEMENTED. This will contribute an additional 1-3% growth to economy.

3.  Cut government expenditure by at least 25%, more specifically cut politican-babu-judge salaries/perks/retirement benifits. Hey, MMMEEEEOOOWWWW again: One of the highest and most non/counter-productive sectors in the world. And BOW-WOW, repent.

4.  Remove air-conditioners from all government offices ... and replace same with coolers. After all, we are a popper nation, are we not? And no government cars for offices, except maybe one or two maruti ALTO for top babus. Because MMMMMEEEEOW what are fancy cars from taxpaer money doing in offices and politicans? Are we not a popper nation? Babus-politicans-judges should travel in their own cars-autos-metro, the way the rest of the world does, even the rich nations. 

Happy successful recovery.

Victor




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