(THE COMPLETE TEXT OF THIS COMMUNICATION AND ENCLOSURE THERETO IS ATTACHED IN A COMBINED 07-PAGES FILE WITH THIS MAIL FOR DOWNLOADING AND PRINTING FOR FURTHER PROCESSING IT)
RTIFED/Equity before Law/2014/1203
Principal of Equity before Law
08 December 2014
THROUGH E-MAIL
Chief Information Commissioners of
Haryana State Information Commission
SCO 72-74, Sector 8-C, Madhya Marg,
Chandigarh – 160018
Chief Secretary to Government Haryana,
Haryana Civil Secretariat,
Sector 1, Capitol Project,
Chandigarh - 160001
Proscribed Procedure
During the hearing of the
complaints and appeals under Right to Information Act 2005
Hon'ble Sirs,
RTIFED has been receiving representation from the appellants and complainants that the procedure adopted at the Haryana State Commission is discriminatory, arbitrary and not conforming to the settled position, procedure and process of law of being heard and curtails the rights of the appellants and complainants to counter the respondents Public Information Officer, Public Authority, and it imposes grave limitations on the right of the appellants and complainants.
It has been pointed by the appellants and complainants that the appellants and/or complainants are not called for the hearings and respondent Public Information Officer or other representatives of the Public Authority are entertained in the hearings without ensuring the presence of the appellants and complainants.
It has also been pointed out that many appellants are shocked to know that because of their absence (which often happens because the notice of hearing are not issued to them and appeal is disposed of without hearing them) after hearing the representatives of the Public Authority only.
Many a time Notice of Hearing, if issued, does not reached appellants and complainants (or reached them late), their appeal or complaint is dismissed ex-parte without hearing them! This is also against the settled procedure of law.
The procedure followed for issuing Notice of hearing and hearing of Appeals/ Complaints is also in violation of Section 19(10) of the Right to Information Act 2005 and the Rule 7(a), 8 and 9 of the Haryana Right to Information Rules 2009. The world used in these rules is the "Persons" in its plural form; consisting of, containing, or pertaining to more than one person; pertaining to or involving a plurality of persons; and intends to include all parties to appeal and/or complaint i.e., both the appellants and/or complainants as well as respondents.
(THE COMPLETE TEXT OF THIS COMMUNICATION AND ENCLOSURE THERETO IS ATTACHED IN A COMBINED 07-PAGES FILE WITH THIS MAIL FOR DOWNLOADING AND PRINTING FOR FURTHER PROCESSING IT)RTIFED hopes that Haryana State Information Commission will restore its credibility by holding the hearings by ensuring the presence of both the parties and pronounce orders in terms of Section 19(10) of the Right to Information Act 2005 as well Haryana Right to Information Rules 2010, as referred to above, in presence of both the parties.
The receipt of this communication may please be acknowledged.
The decision or action taken on this communication may invariably be communicated to RTIFED in due course.
While rejoining, the number and date of this communication may please invariably be mentioned.
If no acknowledgement/reply is received, I intend to file RTI Application after a month to know the:
(i) status of implementation of these recommendations; &
(ii) status of action taken on this communication and its latest status,
This communication is sent through electronic media and as such does not warrant any signature.
Thanking you & with Warm Regards,
Very cordially yours,
Surendera M. Bhanot
President RTIFED[1]
Enclosure: as stated please.
This Mail in original is also sent through e-mail to:
- Chief Justice, Supreme Court Of India, New Delhi
- Chief Justice, Hon'ble Punjab & Haryana High Court at Chandigarh
- Central/State Chief Information Commission; in the country
- Secretary, Department of Personnel & Training GOI New Delhi;
A copy is also sent to all RTI Activists and RTI NGOs as well as Human NGOs for making similar plea to concerned authorities in their state/area of operation.
[1]RTIFED (formerly known as RTI Activists' Federation and conceived and founded by the legendary Advocate H.C. Arora) is a body looking after the rights of the RTI Applicants and keeping an eye over the happenings of the RTI related matters in various states.
Attachment(s) from RTIFED - Surendera M. Bhanot | View attachments on the web
1 of 1 File(s)
Posted by: "RTIFED - Surendera M. Bhanot" <rtifed@gmail.com>
| Reply via web post | • | Reply to sender | • | Reply to group | • | Start a New Topic | • | Messages in this topic (1) |
No comments:
Post a Comment