To,
Governor of UP & CM of UP
Lucknow
With copy for necessary action to : Jawed Usmani – State Chief Information Commissioner
Uttar Pradesh State Information Commission, RTI Bhavan T.C./G-7/7/A
Vibhuti Khand,Gomti Nagar, Lucknow, Uttar Pradesh, India, Pin Code-226016
Sub. : Artfully done shrewd illegality by UPSIC authorities with malafide,heinous & criminal intent to commit,foster & boost corruption and also to deceive the info-seekers : Request to nullify illegal OM issued by UPSIC in March 2015 re. weeding of records, institute an enquiry and punish SCIC, all SICs, Secretary & others of UPSIC in accordance with the law of the land.
Dear Sir,
This refers to an OM placed on official website http://upic.gov.in/ of UPSIC under heading "Directions of CIC under section 15(4) of RTI act" http://upic.gov.in/DynamicPages/DirectionsOfCIC.aspx available at weblink http://upic.gov.in/MediaGallery/March%202015.pdf . This OM of UPSIC dated March 2015 is regarding weeding of records at UPSIC. This OM of UPSIC is grossly illegal as it contravenes G.O. no. 12/1861/43-1-2014-37(1)/1984 dated December 2014 http://shasanadesh.up.nic.in/GO/ViewGOPDF_list_user.aspx?id1=MTIjNjEjMSMyMDE0 & G.O. No. 27/2015/1377/43-1-2015-37(1)/1984 dated 19 August 2015 http://shasanadesh.up.nic.in/GO/ViewGOPDF_list_user.aspx?id1=MjcjNjEjMSMyMDE1 , both issued by the nodal department of RTI i.e. Administrative Reforms Department of U.P. Government.
Section 15(4) of RTI act reads "The general superintendence, direction and management of the affairs of the State Information Commission shall vest in the State Chief Information Commissioner who shall be assisted by the State Information Commissioners and may exercise all such powers and do all such acts and things which may be exercised or done by the State Information Commission autonomously without being subjected to directions by any other authority under this Act."
You shall agree that fixing minimum retention period before weeding-out of files is a policy decision and in no way falls within the ambit of general superintendence, direction and management of the affairs of any office. If weeding is done by all offices in the illegal manner as done by UPSIC, all heads of departments shall be free to make their own rules as per their own whims, fancies, conveniences and weed-out all files related to their illegal, irregular, corrupt acts as per their own convenience. But if this happens so, there shall be a complete collapse of administrative system.Though minimum retention period for all files related to RTI matters is 3 years but UPSIC played foul and illegally fixed this retention period at 6 months only. I have come to know from reliable sources that to issue and implement this OM, SCIC, all SICs , Secretary & others of UPSIC have been and are continuously being heavily bribed by the corrupt public servants who are directly affected by various RTIs of various info-seekers. The issue is serious and needs an in-depth inquiry to ascertain as to what compelled UPSIC authorities to issue an OM against the prevailing rules.State Chief Information Commissioner is enjoying perks and facilities of an Election Commissioner, the State Information Commissioners are enjoying perks and facilities of the Chief Secretary to the State Government and Secretary of UPSIC is an IAS so it cannot be assumed that this combine is such an idiotic lot which do not understand the repercussions of issuance and implementation of such an illegal order, so it is for sure that the authorities at UPSIC have very artfully and shrewdly made this illegality with malafide, heinous & criminal intent to commit,foster & boost corruption by deceiving the info-seekers.Weeding out/destroying record of UPSIC before the minimum 3 year time period as prescribed in GO of Administrative reforms department, besides being illegal, is criminal also and is punishable under IPC read with records act. Central Information Commission, vide its order dated 29-08-14, passed in File no. CIC/DS/A/2013/001788-SA ( Om Prakash Vs. Land & Building Dept, GNCTD) http://www.rti.india.gov.in/cic_decisions/CIC_DS_A_2013_001788-SA_M_138483.pdf has made it clear that destruction of public record against destruction/retention policy attracts imprisonment up-to 5 years. In the same context order passed on 27-02-15 by Bombay High Court in WP no. 6961 of 2012 http://nfici.org/RTI_related_Judgements/2_Mumbai_High_Court_Judgements/25_Sec_20_SIC_order_must_be_complied_Directedn_FIR_for_loss_of_Record.pdf should also be referred. |
Vide this memorandum of mine, I am requesting you to immediately nullify this illegal OM issued by UPSIC in March 2015 re. weeding of records, institute an high level open enquiry into this illegality done by criminal conspiracy and punish SCIC, all ICs, Secretary & others of UPSIC involved in illegal destruction of public record, done so far and also get a proper F.I.R. registered against all culprits under relevant sections of IPC IPC read with records act and punish them in accordance with the law of the land for their crime of destruction of public record in illegal manner.
Regards.
Date : 21-08-16
Sincerely yours,
( Urvashi Sharma )
Social Worker & RTI activist
102,Narayan Tower,Opposite F Block Idgah
Rajajipuram , Lucknow, India, Pin Code - 226017
Contact : +919369613513, E-Mail : rtimahilamanchup@gmail.com
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Posted by: urvashi sharma <rtimahilamanchup@yahoo.co.in>
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