CENTRAL INFORMATION COMMISSION5. Particulars of Decisions: 5.1 Reference Number and Date of CPIO...

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CENTRAL INFORMATION COMMISSION

COMPLAINT UNDER SUBSECTION 1 OF SECTION 18 OF THE RTI ACT 2005

IN THE MATTER OF:

1. Mitesh Kumar Jha ….Complainant

VERSUS

1. Ms. Subrata Hazra, Under Secretary & Central Public

Information Officer, PMO, South Block, New Delhi ….Respondent 1

2. Mr. Amit Agrawal, Central Public Information Officer,

PMO, South Block, New Delhi ….Respondent 2

AND

IN THE MATTER OF:

RTI Application - PMOIN/R/2016/51318 and First Appellate Appeal under RTI Act,

2005 - PMOIN/A/2016/60221.

I N D E X

Sr. No Requisite Documents Attached Page

1 Original Complaint under Section 18(1) of the RTI Act, 2005. 1 - 3

2 Copy of RTI Application submitted to the CPIO. 4 - 7

3 Copy of acknowledgement received for the RTI Application. 8

4 Copy of RTI fee payment receipt. 8

5 Copy of wrong reply received from the CPIO. 9

6 Copy of the appeal made to the First Appellate Authority. 10

7 Copy of acknowledgement received for First Appellate Authority Appeal. 11

8 Copy of order received from the First Appellate Authority. 12

9 Certificate about Proof of Service to the Respondents. 13

10 Copy of Advice to the Respondents as per Regulation 12 of the Central

Information Commission (Management) Regulations, 2007. 14

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Proof of identity of the complainant as per order dated 2.11.2012 of the

High Court of Punjab and Haryana in CWP No. 4787/2011 - Fruit

Merchant Union Vs CIC & anr. 15

Place : Mumbai

Date : 21-10-2016

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Your Excellency,

As I am aggrieved by no response from Central Public Information Officer even after

ultimatum of 15 days issued by the honourable First Appellate Authority under RTI Act,

2005, I hereby file this appeal for your kind decision.

1. Details of Complainant:

1.1 Full Name : Mitesh Kumar Jha

1.2 Full Address : 1804, B-Wing, Triveni Society, Building No 56, New MHADA Towers,

Kandivali West, Mumbai – 400067.

1.3 Phone / Cell No : 8010235577

1.4 Email ID : [email protected]

2. Details of Public Central Information Officers (hereinafter, “CPIOs”)

2.1 Name / Designation: Ms. Subrata Hazra / Under Secretary (hereinafter, “CPIO-1”)

2.2 Name / Designation: Mr. Amit Agrawal (hereinafter, “CPIO-2”)

2.3 Full Address: Prime Minister Office, South Block, New Delhi-11.

2.4 Name of Public Authority: Prime Minister Office

3. Details of First Appellate Authority (hereinafter, “FAA”)

3.1 Name / Designation : Mr. S. E. Rizwi / Director

3.2 Full Address: Prime Minister Office, South Block, New Delhi-11.

4. Dates of RTI Application & First Appellate Appeal:

4.1 To CPIO : 15th May, 2016 & received on : 16th May, 2016

4.2 To FAA : 5th July,2016 & received on : 5th July,2016

5. Particulars of Decisions:

5.1 Reference Number and Date of CPIO Decision :

RTI/5142/2016-PMR dated 27th June, 2016

(Wrong letter/response as explained later in this complaint)

5.2 Reference Number and Date of FAA Decision :

RTI/4495/2016-PMR dated 11th August, 2016.

5.3 Date of personal hearing by FAA:

No Notice was sent for hearing.

6. Dates of receipt of replies by Complainant from:

6.1 CPIO : No Response

6.2 FAA : 17th August, 2016

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7. Details of information sought:

a) Information related to petitions filed by the complainant through Prime Minister

Website.

b) Information related to petitions sent by the complainant to PMO during 2011-13.

c) Few general information – i.e. number of petitions received by PMO against law

enforcing bodies, etcetera.

8. Brief facts of the case:

a) That on 15th May, 2016 the complainant has filed online RTI Application through the

RTI Online Portal asking information in relation to petitions he has sent to Prime

Minister Office and few other general information. He has clearly stated the petitions

registration numbers and filing dates in his RTI application for CPIOs’ convenience.

The application was received by the CPIO-1 as per information provided on the RTI

Portal.

b) That on 5th July, 2016 aggrieved by no response from the CPIOs, the complainant has

filed First Appellate Appeal under Subsection 1 of Section 19 of RTI Act, 2005.

c) That on 11th August, 2016 The Honourable First Appellate Authority under RTI Act,

2005 (PMO) in his decision has agreed that CPIO, PMO has not provided final response

and given 15 days ultimatum to the CPIO, PMO for providing such response.

d) That the scan copy of response of RTI application of other applicant (Shri Sandeep

Uniyal, Plot No. 1002, St. No. 5, Prem Vihar Colony, Basti Jodhewal, Tibba Road,

Ludhiana - 141 007, Punjab) signed by the CPIO-2 was uploaded on RTI Portal in place

of the complainant RTI application response.

e) Neither any response from either CPIO-1 or CPIO-2 has been received by the

complainant till the date of this complaint nor any other communication.

f) That filing of this complaint could have been done earlier if CIC Complaint/Appeal

filing portal would have been available in September, 2016 and first two weeks of

October, 2016.

9. Reasons / Grounds for this Complaint:

a) Because the CPIO has not provided sought information in 150 days, although RTI Act

prescribes 30 days for such response.

b) Because the CPIO has overlooked the ultimatum given by the honourable First

Appellate Authority under RTI Act, 2005 (PMO).

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c) Because the CPIO has uploaded other applicant RTI application response in place of the

complainant RTI application response.

10. Any other information in support of this Complaint :

The sought information is exclusively related to the Complainant or general, therefore the

information sought does not fall within the restrictions contained in section 8 and 9 of the

Act. The Complainant has given declaration in his RTI application that he is a citizen of

India and section 3 of The Right to Information Act, 2005 gives him legitimate right to

ask questions about his own petitions or general information.

11. Prayer/relief sought for:

a) Penalty as prescribed by the Subsection 1 of Section 20 of RTI Act, 2005.

12. Grounds for prayers/relief sought for:

a) The CPIO has not only not honoured the letter and spirit of RTI Act, 2005 but also

overlooked the ultimatum of 15 days given by The Honourable First Appellate

Authority under RTI Act, 2005 (PMO), in addition cunningly denied information by

uploading other applicant RTI Application response.

13. Personal presence at hearing: YES (Kindly send notice to [email protected])

14. Declaration:

I hereby state that the information and particulars given above are true to the best of

my knowledge and belief. I also declare that this matter is not previously filed with this

commission nor is pending with any court or tribunal or authority.

Place : Mumbai

Date : 21-10-2016

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RTI APPLICATION

To, 15th May, 2016

Central Public Information Officer,

Prime Minister Office,

Subject: - Application under Subsection 1 of Section 6 of Right to Information Act, 2005.

Mr/s Central Public Information Officer,

I, the undersigned, have sent numerous petitions to the honourable Prime Minister Office in last five

years. I am filing this application for detail information regarding 65 petitions. I need full trace of

communication made regarding my petition online or letter both appropriately attested and signed

by authorized officer; there shouldn’t be any exception unless prescribed by the law (if apply, please

provide certified copy of the section which restrict you from disclosure). This information is

exclusively related to me or general, therefore the information sought does not fall within the

restrictions contained in section 8 and 9 of the Act and to the best of my knowledge all of it pertains

to your department. I hereby declare that I am a citizen of India and section 3 of The Right to

Information Act 2005 gives me legitimate right to ask questions about my petitions. Kindly contact

me through email or telephone in case you have any difficulty in understanding my request. If you

feel during process that some part of question does not pertain to your office than please follow the

provision of section 6(3) of RTI act 2005 and transfer the part to concern department and send me a

copy of such letters.

1. Kindly provide following information (a-g) with respect to below mentioned petitions (I and II):

a) The process made on my appeal so far.

b) When did my appeal reach /forwarded which officer, for how long did it stay with that

officer and what action did he/she taken on it during that period?

c) What are the norms, if any, prescribed for the department to deal with these type of

appeals?

d) If any inquiry was conducted. Please provide a certified copy of inquiry report.

e) If no step have been taken in any case, please provide reason for inaction on behalf of the

department.

f) If appeal was transferred to other public authority than kindly provide certified copy of cover

letter.

g) If any response received from other public authority in relation to my petition than kindly

provide certified copy of those responses.

I. 54 Petitions through Public Grievance Portal.

Sr. No Registration Number Dated Subject Matter

1 PMOPG/E/2016/0018025 17.01.2016 Andhra Pradesh Information Commission.

2 PMOPG/E/2016/0018038 17.01.2016 Telangana Director General of Police.

3 PMOPG/E/2016/0018074 17.01.2016 First Information Reports after RTI Application.

4 PMOPG/E/2016/0018496 17.01.2016 Directorate of Information Technology.

5 PMOPG/E/2016/0018509 17.01.2016 Wrong doings in Andhra Pradesh High Court.

6 PMOPG/E/2016/0018512 17.01.2016 Wrong order pass by Prime Minister's Office.

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7 PMOPG/E/2016/0018556 17.01.2016 Forensic Report and Wrong doing by Police.

8 PMOPG/E/2016/0021212 20.01.2016 Bank Malpractice.

9 PMOPG/E/2016/0021214 20.01.2016 Telecom/Internet Service Provider Malpractise.

10 PMOPG/E/2016/0024354 23.01.2016 Police Atrocity.

11 PMOPG/E/2016/0024356 23.01.2016 Banking Ombudsman.

12 PMOPG/E/2016/0024990 23.01.2016 Andhra Pradesh Information Commission.

13 PMOPG/E/2016/0025309 24.01.2016 Police Atrocity

14 PMOPG/E/2016/0025313 24.01.2016 Attack after RTI Application.

15 PMOPG/E/2016/0032343 31.01.2016

Police and Home Department of Maharashtra Atrocity.

16 PMOPG/E/2016/0034780 01.02.2016 Evasion of Taxes

17 PMOPG/E/2016/0041439 06.02.2016 Ecourt Website

18 PMOPG/E/2016/0043528 09.02.2016 PWC and Ojas-IT

19 PMOPG/E/2016/0054562 19.02.2016 Lakshmi Vilas Bank Limited

20 PMOPG/E/2016/0072052 04.03.2016 Wrongdoing by Supreme Court Personnel

21 PMOPG/E/2016/0077151 07.03.2016 Wrongdoing by Supreme Court Personnel

22 PMOPG/E/2016/0078382 08.03.2016 Shakarpur Police Station Complaint

23 PMOPG/E/2016/0078397 08.03.2016 Application under CrPC 154(3)

24 PMOPG/E/2016/0085113 14.03.2016 Contempt of The Honourable Supreme Court by Delhi Police

25 PMOPG/E/2016/0091226 20.03.2016

26 PMOPG/E/2016/0095770 24.03.2016 Regarding Internet

27 PMOPG/E/2016/0099524 27.03.2016

28 PMOPG/E/2016/0102832 30.03.2016 Delhi Police Wrongdoings

29 PMOPG/E/2016/0106879 03.04.2016 Regarding no access to Police Emergency No.

30 PMOPG/E/2016/0110398 05.04.2016 Police Atrocities

31 PMOPG/E/2016/0110460 05.04.2016

Violation of Article 21 of the Constitution of India

32 PMOPG/E/2016/0114061 08.04.2016 Criminal Conspiracy by Delhi Police

33 PMOPG/E/2016/0115937 09.04.2016

Abuse of Government Machineries by bureaucrats

34 PMOPG/E/2016/0116932 10.04.2016 Police Atrocities


36 PMOPG/E/2016/0119494 13.04.2016 Criminal Conspiracy by Law Enforcement Bodies

37 PMOPG/E/2016/0123700 16.04.2016 Pricewaterhousecoopers India Private Limited

38 PMOPG/E/2016/0123701 16.04.2016 Siemens India Limited

39 PMOPG/E/2016/0123704 16.04.2016 Tech Mahindra Limited

40 PMOPG/E/2016/0123790 16.04.2016 Wipro Limited

41 PMOPG/E/2016/0125899 18.04.2016 Accenture India Private Limited

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42 PMOPG/E/2016/0125902 18.04.2016 CMS IT Services Private Limited

43 PMOPG/E/2016/0125907 18.04.2016 Deloitte Consulting India Private Limited

44 PMOPG/E/2016/0125915 18.04.2016 Intellect Design Arena Limited Polaris Group

45 PMOPG/E/2016/0126210 19.04.2016 Delhi Police Atrocities

46 PMOPG/E/2016/0129392 21.04.2016 Regarding Experis IT India private limited

47 PMOPG/E/2016/0129398 21.04.2016 Regarding Ernst and Young India private limited.

48 PMOPG/E/2016/0134160 24.04.2016 Wipro Limited Transgressions


50 PMOPG/E/2016/0141192 29.04.2016 Regarding Ernst and Young India private limited.

51 PMOPG/E/2016/0141249 29.04.2016 Regarding GlobalLogic India Private Limited

52 PMOPG/E/2016/0141260 29.04.2016 Regarding IonIdea Interactive Private Limited.

53 PMOPG/E/2016/0141271 29.04.2016 Regarding R Systems International Limited.

54 PMOPG/E/2016/0141532 29.04.2016 Regarding Thirteen Corporates

II. 11 Petitions sent to Prime Minister’s Office during 2011-2013.

Sr. No

Email Dated

Received in PMO

Forwarded To PMO ID No. Dated

1 31-Jul-11 03-Aug-11

Chief Secretary, Government of

Maharashtra, Mumbai

14/3/2011-PMP3/316063

24-Aug-11

2 11-Aug-11 17-Aug-11 14/3/2011-

PMP3/319014 02-Sep-11

3 28-Aug-11 01-Sep-11 8/3/2011-PMP3/327901 05-Oct-11

4 26-Jun-12 28-Jun-12 11/3/2012-

PMP2/406080 16-Jul-12

5 30-Apr-12 01-May-12 11/3/2012-

PMP2/395995 04-Jun-12

6 30-Apr-12 01-May-12 11/3/2012-

PMP2/395996 04-Jun-12

7 23-Aug-12 24-Aug-12 The Secretary, Ministry of Home

Affairs, New Delhi.

6/3/2012-PMP3/426730 06-Sep-12

8 17-Feb-13 18-Feb-13 11/3/2013-PMP3/27448 08-Mar-

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9 27-Feb-13 02-Mar-13 Chief Secretary, Government of

Maharashtra, Mumbai

11/3/2013-PMP3/31905 13-Mar-

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10 08-Jul-13 09-Jul-13 14/3/2013-PMP3/69404 26-Jul-13

Sr. No

Letter Dated

Received in PMO

Forwarded To PMO ID No. Dated

11 27-Feb-13 Not Mentioned Chief Secretary, Government of

Maharashtra, Mumbai 11/3/2013-PMP2/31905

13-Mar-13

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2. Does Prime Minister’s Office keeps the record of information as prescribed by the section 4(1)(a)

of the RTI Act, 2005?

3. Does Prime Minister’s Office ask for response from public authority to whom they forward

appeals?

4. Has Prime Minister’s Office directed CBI to inquire a petition received through public grievance

portal/emails/letters?

5. How many petition against Law Enforcing Bodies was received by Prime Minister’s Office in last

ten years (categorize year wise)?

6. How many personnel has been involved in addressing petitions received in the Prime Minister

Office through public grievance portal, email or letter in last ten years (categorize year wise)?

Kindly provide petition registration:dispose ratio.

7. Can applicant verify their records in Prime Minister’s Office like they can do in other public

offices?

8. Number of penalties imposed and inquiries conducted by Central Information Commission

against personnel of Prime Minister’s Office?

9. Kindly provide contact detail of First Appellate Authority under RTI Act, 2005.

Most Respectfully,

Mitesh Kumar Jha

Email : [email protected] or [email protected]

Mobile : 9665335947 or 8010235577

Address : 1804, B-Wing, Triveni Co-Op Society, Building No.56, New MHADA Towers, Near Billabong

School, Kandivali (West), Mumbai – 400067.

mailto:[email protected]

mailto:[email protected]

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RTI Application Fee Receipt

9

Wrong RTI Response

10

First Appellate Appeal under RTI Act, 2005

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First Appellate Appeal under RTI Act, 2005 Receipt

12

First Appellate Authority under RTI Act, 2005 Order

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IN THE MATTER OF:


VERSUS


Information Officer, South Block, New Delhi ….Respondent 1


South Block, New Delhi ….Respondent 2

CERTIFICATE ABOUT PROOF OF SERVICE TO THE RESPONDENTS

It is certified that a copy of this Complaint is being sent to each of the respondents on

the same day as the Complaint is being sent to the Central Information Commission,

and the original proof of service shall be presented before the CIC, if requested /

demanded, on the date of hearing, or earlier.

Place : Mumbai

Date : 21-10-2016

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IN THE MATTER OF:


VERSUS


Information Officer, South Block, New Delhi ….Respondent 1


South Block, New Delhi ….Respondent 2

ADVICE TO RESPONDENTS

Regulation 12 of “The Central Information Commission (Management) Regulation,

2007” read as follows:

Filling of Counter Statement by the Central Public Information Officer or the First

Appellate Authority: - After receipt of a copy of the appeal or complaint, the Central

Public Information Officer or the First Appellate Authority or the Public Authority

shall file counter statement along with documents, if any, pertaining to the case. A copy

of the counter statement(s) so filed shall be served to the appellant or complainant by

CPIO, the First Appellate Authority or the Public Authority, as the case may be.

This is for your information and ready reference. Please act accordingly.

Place : Mumbai

Date : 21-10-2016

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Proof of identity of the complainant as per order dated 2.11.2012 of the High Court of

Punjab and Haryana in CWP No. 4787/2011 - Fruit Merchant Union Vs CIC & anr.

CENTRAL INFORMATION COMMISSION5. Particulars of Decisions: 5.1 Reference Number and Date of CPIO...

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