Monday, October 29, 2018

[rti4empowerment] Service of Liquor Shops, Paan, Cigarette Shop, Beer & Huqqa Bars near educational institutions [1 Attachment]

[Attachment(s) from Surendera M. Bhanot included below]

A pdf of this communication is also attached, which may please be downloaded and printed for taking appropriate action, please.

RTIFED/Debarring/2018/13/1029

29 October 2018

To:

1.	Hon'ble Chief Minister Punjab, Chandigarh	cm@punjab.gov.in
2.	Financial Commissioner, Excise & Taxation Punjab	fct@punjab.gov.in
3.	Principal Secretary, Excise & Taxation Punjab	pst@punjab.gov.in
4.	Secretary, School Education Punjab	secy.se@punjab.gov.in
5.	Director Public Instructions (Secondary Education) Punjab	dpise_punjab@yahoo.co.in
6.	Director Public Instructions (Elementary Education) Punjab	dpieepunjab2015@gmail.com
7	NGOs and RTI Activists in the field of RTI and Human Rights.

Service of Liquor Shops,

Paan, Cigarette Shop, Beer & Huqqa Bars near educational institutions

Hon'bles,

Please refer to the letter dated 16 October 2018, which Parents Association GNP, SB-29, 101/4, Daba Road, GT Road, Ludhiana-141001 Has addressed to Hon'ble Chief Minister, Punjab Chandigarh springing up of Liquor Shops /Paan Cigarette Shop/Beer Bars/Huqqa Bars etc., near the educational Institutions, especially the Secondary and Elementary Schools, with the consent of the such schools after securing NOC from then by decoyed means.

This is in blatant violation of the policy of the State Government as well as the Excise Policy of the state Government. This is a serious dent to state which is already fighting the drug menace. Owing to this, the peril of intoxication in the young students is swelling day-by-day, resulting in ruining the health and career of youngsters.

It is a matter of great concern that Liquor shops in collusion with school managements are giving a philip to boozing by cheating on authorities or in complicity with the authorities. This is a serious matter and needs to be promptly looked into the nexus of the Liquor Shop-School Management-Official in allowing the operation of the station of intoxications in so close proximity to the schools, in gross violation of the law.

RTIFED demands that the Secretary, School Education, Punjab; Director Public Instructions

(Secondary Education) Punjab; and Director Public Instructions (Elementary Education) Punjab, may look into as to how Liqour-Shop Owner obtained the NOC from the School Managements; And the Financial Commissioner, Excise & Taxation Punjab and the Principal Secretary, Excise & Taxation Punjab, may kindly look into as to how the official cleared such proposal of the operation of the shops of nasha, intoxication, dope, fuddle, inebriation, intoxicant, lay out, narcotic, narcotics, opiate, wine etc., are allowed to crop-up in close proximity to the schools?

RTIFED joins in with the demand of Parents Association GNP that the distance of prohibited area near schools should be increased to more than 500 meters. Secondly the liquor shops Paan, Cigarette Shop/Beer & Bars/Huqqa Bars opened in prohibited area by obtaining NOC from the schools should be declared invalid.

The guilty, including officials, school managements and such ventures owners, in allowing such ventures in close vicinity to schools, may be taken to task under the laws which are applicable on them and are in for the time being.

RTIFED urges the Hon'ble Chief Minister, Punjab to consider the request of the Parents Association GNP and immediately order for the removal of vends and Bars from the prohibited area

RTIFED expect that the Hon'ble Chief Minister, Punjab will gauge the severity of the matter and order immediately action on receipt of this communication.

This communication is sent through electronic media and as such does not warrants any signature..

Submitted for kind consideration and appropriate action, please.

A pdf of this communication is also attached, which may please be downloaded and printed for taking appropriate action, please.

Thanking you,

Very cordially yours,

Surendra M. Bhanot

President RTIFED

Enclosure: as stated, please

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Attachment(s) from Surendera M. Bhanot | View attachments on the web

1 of 1 File(s)

RTIFED - 13 of 2018 - 01 - Combined CM Punjab - Liqour shops in proximity of Schools.pdf

Posted by: "Surendera M. Bhanot" <rtifed@gmail.com>

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Sunday, October 14, 2018

[rti4empowerment] YOUR GRIEVANCE WITH SIC PUNJAB

IMPORTANT NOTICE

Dear Members,

It has been OBSERVED that for the last 2-3 years, the Punjab State Information Commission is bailing out the erring PIOs and the Public Authorities for a song. The Commission is not imposing any penalty on the erroring PIOs and not awarding compensation to the appellant and complainants.

This is just a situation of lawlessness prevailing in the Commission and the RTI Act is being given a silent burial.

This RTIFED Group wants these issues to be taken up vigorously with the Government as well as with the Commissions. This can only be done with the active support of the members, with facts and figures.

In case you have met such an humiliation at the hands of the Commission, and you feel that:

01. Information was not provided to you,

02. Your case was dismissed by Commission without affording a reasonable opportunity of being heard.

03. Your case was closed without ensuring the relief/relieves sought by you.

04. The penalty was not imposed on the erring PIOs..

05. Compensation was not awarded to you

06. You were not properly heard in the commission

07. You pleas or arguments were not properly discussed in the order.

08. Order of the commission is non-speaking and no reason was given in the order while rejecting your pleas or arguments..

09. Arguments were not weighed and considered on merit as per law.

10. If any form was got filled in by the commission from you to the effect that "you were satisfied with the information provided and that you do not want any further action and the case may be closed"

11. If you were ever threatened by the public authority or warned of the dire consequences and commission kept silent.

12. Any other reason with which you are not satisfied with the conduct of the proceeding at the commission.

Please do write to RTIFED giving details of your case number, the name of the commissioner, date of the decision, reasons of nonsatisfaction, a copy of the concerned RTI application and a copy of the order of the commission to rtifed@gmail.com, along with your particulars, contact address, mobile number as well as email ID, if any.

In case there is no email facility with you, you can send the above by a simple post to:

President, RTIFED,

H. No. 3090, Sector 37-D,

Chandigarh-160037

rtifed@gmail.com

9888-810-811

Please spread this message to as many people as in your contact and post this message to other groups too.

The RTI Activist in other states may also initiate a similar campaign in their states according to the situation prevailing there.

And please give your suggestions to further modify this circular or include or delete any matter.

LET US TOGETHER BRING ABOUT THE REFORM IN THE COMMISSION TO OUR OWN BENEFIT AND FOR THE TRANSPARENCY AND ACCOUNTABILITY IN THE GOVERNANCE.

WITH WARM REGARDS

Surendera M. Bhanot

Snail Mail:

CHANDIGARH: No. 3090, Sector 37-D, Chandigarh-160036 INDIA - Mob: +919-888-810-811

DELHI: # L-9, First Floor, Street No. 14, New Mahabir Nagar, Near Janakpuri East Metro Station, New Delhi - 110018 INDIA

---------------------------------------------------------------------------------

President, RTIFED, India HQ: Chandigarh || President, RTI Help & Assistance Forum Chandigarh || Life Member, Chandigarh Consumers Association || Youth for Human Rights International - YHRI - South Asia || Jt. Secretary, Amateur Judo Association of Chandigarh || Life Member, SPACE - Society for Promotion and Conservation of Environment, Chandigarh || Executive Member KHETI VIRASAT MISSION, Jaitu (Punjab), || Admin, Kitchen Garden & Horticulture FB Group

"This message and any attachments are solely for the intended recipient and may contain confidential or privileged information. If you are not the intended recipient, any disclosure, copying, use, or distribution of the information included in this message and any attachments is prohibited. If you have received this communication in error, please notify me by reply e-mail and immediately and permanently delete this message and any attachments. Thank you."

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Posted by: "Surendera M. Bhanot" <bhanot1952@gmail.com>

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Wednesday, October 3, 2018

[rti4empowerment] “No escape from RTI even if it is impossible to reply”

"No escape from RTI even if it is impossible to reply"

By Shyam Prasad S, Bangalore Mirror Bureau | Updated: Oct 4, 2018, 06:00 IST

https://bangaloremirror.indiatimes.com/bangalore/others/no-escape-from-rti-even-if-it-is-impossible-to-reply/articleshow/66060436.cms

Even if it is humanly impossible to reply to a RTI query, there is no escaping from the consequences. An assistant commissioner of police in Bengaluru, working as the public information officer (PIO) in the KR Puram sub-division, was imposed a fine of Rs 10,000 for failing to provide information on an RTI application on time. Though it was conceded by the Karnataka Information Commission (KIC) that it was a genuine case where he could not have provided all the information sought in the stipulated time, he had to pay the fine which was the law. The High Court, however, reduced the fine amount.

Dr D Narayanaswamy, the PIO of the KR Puram sub-division was the officer in the dock. ARS Kumar, a social activist had filed an application seeking information under the Right to Information Act in September 2011. Under the Act, all information has to be catalogued. The applicant sought the entire list and all the information suo moto published by the police stations under the jurisdication. The information sought was from the period starting the establishment of all these police stations.

When the information was not furnished within the stipulated time, a complaint was filed by Kumar before the KIC. Narayanaswamy replied to the KIC that he had sought all the information from the respective police inspectors of each police station. The information sought was very volumnioius and pertaining to various police stations. So there was delay in compiling it.

In the meantime, the information was provided on August 9, 2012, nearly a year after the application was filed. The SIC, on September 4, 2012, however imposed a fine of Rs 10,000 on Narayanaswamy for failing to provide the information to Kumar.

Narayanaswamy challenged the fine in the High Court. To a pointed question from the High Court as to "what should happen when the information sought under the RTI Act is so volumnious and it is humanly impossible to furnish the information within 30 days," the advocate for the SIC "fairly admits that there is no escape from the rigours of the RTI Act."

The order of fine was in accordance with law, the counsel submitted to the HC. The information as contemplated under the RTI Act should necessarily be available with the PIO. That is the essence of the RTI Act, the counsel told the court.

The HC said that the order of the SIC cannot be faulted as the punishment contemplated under the Act should necessarily follow if the information is not provided within the stipulated period. "However the predicament of the petitioner (Narayanaswamy) also has to be taken into consideration," it said.

Reducing the fine imposed on him, the court said, "Taking into consideration the totality of the situation, this Court is of the opinion that the penalty of Rs 10,000 that was imposed on the petitioner is on the higher side."

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Posted by: Anil kumar <anil_crp@yahoo.com>

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