Friday, December 31, 2010

Re: [rti4empowerment] NITISH SHOW THE WAY TO CURB CORRUPTION

May be there are more than 30 IAS Officers in Bihar.
 I do not know in which context "all"
was used in Sri Gupta's mail.
 
--- On Sat, 1/1/11, raja bunch <bunch_raja@yahoo.co.in> wrote:

From: raja bunch <bunch_raja@yahoo.co.in>
Subject: Re: [rti4empowerment] NITISH SHOW THE WAY TO CURB CORRUPTION
To: rti4empowerment@googlegroups.com
Date: Saturday, 1 January, 2011, 12:31 AM

I hope the rest of the Civil Servants follow the example.
All the best to them and our Netas so called Social servants.
Wish all A happy and prosperous New year 2011.
 
Bunch-Mumbai 

--- On Fri, 31/12/10, M.K. Gupta <mkgupta100@yahoo.co.in> wrote:

From: M.K. Gupta <mkgupta100@yahoo.co.in>
Subject: [rti4empowerment] NITISH SHOW THE WAY TO CURB CORRUPTION
To: rti4empowerment@googlegroups.com
Date: Friday, 31 December, 2010, 9:11 PM

NITISH SHOW THE WAY TO CURB CORRUPTION

 

          All the 30 IAS officers have submitted their Assests Details to the Chief Minister, Mr. Nitish Kumar.  The details shall be put on the Website.  Thus under the leadership of Nitish, Bihar has shown the way to other states.


Re: [rti4empowerment] NITISH SHOW THE WAY TO CURB CORRUPTION

I hope the rest of the Civil Servants follow the example.
All the best to them and our Netas so called Social servants.
Wish all A happy and prosperous New year 2011.
 
Bunch-Mumbai 

--- On Fri, 31/12/10, M.K. Gupta <mkgupta100@yahoo.co.in> wrote:

From: M.K. Gupta <mkgupta100@yahoo.co.in>
Subject: [rti4empowerment] NITISH SHOW THE WAY TO CURB CORRUPTION
To: rti4empowerment@googlegroups.com
Date: Friday, 31 December, 2010, 9:11 PM

NITISH SHOW THE WAY TO CURB CORRUPTION

 

          All the 30 IAS officers have submitted their Assests Details to the Chief Minister, Mr. Nitish Kumar.  The details shall be put on the Website.  Thus under the leadership of Nitish, Bihar has shown the way to other states.


Re: [rti4empowerment] NITISH SHOW THE WAY TO CURB CORRUPTION

Dear Gupta ji & shashi Kumar
We know that Nitish govt. is very popular and this step by him
is praiseworthy
Dr. JN Sharma

On 12/31/10, SHASHI KUMAR.A.R. <rudreshtechnology@gmail.com> wrote:
> In karnataka it is different , If we ask asset and liability of IAS
> officers , The Ministry officials says this is a third party information and
> this cannot be made public and they are ready bring corruption free ,
> transparent good governance in Karnataka , Even some of the officials went
> and obtained stay order , The other states of india shall follow Bihar
> Model
> India Bachao from clutches of bureucrats corruption
>
> On Fri, Dec 31, 2010 at 9:11 PM, M.K. Gupta <mkgupta100@yahoo.co.in> wrote:
>
>> *NITISH SHOW THE WAY TO CURB CORRUPTION***
>>
>> * *
>> * *All the 30 IAS officers have submitted their Assests Details
>> to the Chief Minister, Mr. Nitish Kumar. The details shall be put on the
>> Website. Thus under the leadership of Nitish, Bihar has shown the way to
>> other states.
>>
>>
>

Re: [rti4empowerment] NITISH SHOW THE WAY TO CURB CORRUPTION

When Ministers are shrouded in mistry on corruption, how can they dare to ask the bureaucracy to be honest par excellance.  Bureaucrats who know the loopholes, may retaliate.  Corruption flows from high to lower level like water.  

On Fri, Dec 31, 2010 at 10:20 PM, SHASHI KUMAR.A.R. <rudreshtechnology@gmail.com> wrote:
In karnataka it is different , If we ask asset and liability of  IAS officers , The Ministry officials says this is a third party information and this cannot be made public and they are ready bring corruption free , transparent good governance in Karnataka , Even some of the officials went and obtained stay order , The other states of india shall follow Bihar Model 
India Bachao from clutches of bureucrats corruption 


On Fri, Dec 31, 2010 at 9:11 PM, M.K. Gupta <mkgupta100@yahoo.co.in> wrote:

NITISH SHOW THE WAY TO CURB CORRUPTION

 

          All the 30 IAS officers have submitted their Assests Details to the Chief Minister, Mr. Nitish Kumar.  The details shall be put on the Website.  Thus under the leadership of Nitish, Bihar has shown the way to other states.



Re: [rti4empowerment] NITISH SHOW THE WAY TO CURB CORRUPTION

In karnataka it is different , If we ask asset and liability of  IAS officers , The Ministry officials says this is a third party information and this cannot be made public and they are ready bring corruption free , transparent good governance in Karnataka , Even some of the officials went and obtained stay order , The other states of india shall follow Bihar Model 
India Bachao from clutches of bureucrats corruption 

On Fri, Dec 31, 2010 at 9:11 PM, M.K. Gupta <mkgupta100@yahoo.co.in> wrote:

NITISH SHOW THE WAY TO CURB CORRUPTION

 

          All the 30 IAS officers have submitted their Assests Details to the Chief Minister, Mr. Nitish Kumar.  The details shall be put on the Website.  Thus under the leadership of Nitish, Bihar has shown the way to other states.


[rti4empowerment] NITISH SHOW THE WAY TO CURB CORRUPTION

NITISH SHOW THE WAY TO CURB CORRUPTION

 

          All the 30 IAS officers have submitted their Assests Details to the Chief Minister, Mr. Nitish Kumar.  The details shall be put on the Website.  Thus under the leadership of Nitish, Bihar has shown the way to other states.

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Thursday, December 30, 2010

Re: [rti4empowerment] APPOINTMENT OF CCIC

Dear Guptaji

From where did you form the opinion (or receive information) that the committee of 12(3) is a SELECTION committee.

Your entire request is founded on the false premise that it is a selection committee.

Sarbajit

On Thu, Dec 30, 2010 at 4:14 PM, M.K. Gupta <mkgupta100@yahoo.co.in> wrote:

For context, copy of RTI application (I have deleted my Residential address and phone number). 

 

The Central Public Information Officer,

C/o. Secretary,

Deptt. of Personal and Training,

New Delhi.

6.10.2010.

Sub: Information under RTI Act, 2005 – Selection of Chief Information Commissioner.

 

Respected Sir,

 

Kindly provide the following information on the selection of Chief Information Commissioner under RTI Act, 2005:

1.                 Names of the members who attended the meeting of the Selection Committee.

2.                 Date, time and venue of the meeting.

3.                 Names of the short-listed candidates considered for the post.

4.                 Whether the short listing and selection criteria would be made public by putting the same on the Deptt. website or by any other means.

5.                 Kindly provide a copy of the proceedings/minutes of the Selection Committee   Meeting.

B.       If some part of the solicited information does not belong to your Department, I request you to transfer that part to the concerned Public Authority u.s. 6(3) of the Act.

C.       I am enclosing a postal order for Rs. 10/- numbering 88E 389218 dated 30.9.2010 issued from the Dwarka Post Office.

Yours faithfully,

 

 

(Mahendra Kumar Gupta)

 

 




From: Sarbajit Roy <sroy.mb@gmail.com>
To: rti4empowerment@googlegroups.com
Sent: Thu, 30 December, 2010 8:39:33 AM

Subject: Re: [rti4empowerment] APPOINTMENT OF CCIC

Dear WEDS

1) The specific point you are making is?
2) In what context ?

Sarbajit

PS: So far none of what you have said can be applied to Mr Gupta's case.

On Thu, Dec 30, 2010 at 3:59 AM, DSouza Wilberious Evanglist <wilevades@yahoo.co.uk> wrote:
Dear M.K.Gupta & others,
 
Please read section 4(c&d) of RTI Act 2005.
 

(c)

 publish all relevant facts while formulating important policies or announcing the decisions which affect public;

(d)

provide reasons for its administrative or quasi-judicial decisions to affected persons.

& remember,
 

PREFACE

 

Constitution is a living document, an instrument which makes the government system work
Premble,

WE, THE PEOPLE OF INDIA, having solemnly

resolved to constitute India into a 1[SOVEREIGN

SOCIALIST SECULAR DEMOCRATIC REPUBLIC] and

to secure to all its citizens:

JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and

worship;

EQUALITY of status and of opportunity;

and to promote among them all

FRATERNITY assuring the dignity of the individual

and the 2[unity and integrity of the Nation];

IN OUR CONSTITUENT ASSEMBLY this twentysixth

day of November, 1949, do HEREBY ADOPT,

ENACT AND GIVE TO OURSELVES THIS

CONSTITUTION.

 

RTI Act 2005, Section 8(i), ultimate line reads as follows:

 

Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.

 

1.    From this you would agree that the People of India have installed the Constitution of India & the Government therewithin to themselves & to govern them. Hence, in Democracy, the Government is defined as A GOVERNMENT BY A PEOPLE; OF THE PEOPLE & FOR THE PEOPLE.

 

2.    Hence, the Government & all its functionaries are accountable & answerable to the People of India. Hence, the People of India have a right to question the Government that they have installed within the framework of the Constitution on its acts & omissions. This is otherwise known as the Right to Information.

 

3.    This Right to Information of the People of India is inalienable, axiomatic, fundamental as well as human right . This has been reaffirmed by the Supreme Court of India as a fundamental right forming a facet of Art. 19 (1)(a) of the Constitution of India. Read 6 above.

 

4.    To access, seek, receive & impart information is a Human Right (HR), as per Article 19 of The International Covenant on Civil and Political Rights (ICCPR) that was adopted by the General Assembly of The United Nations on the 16th December 1966, as cardinal principles of Human Right, embodied in The Protection of Human Rights Act 1993 section 2(d) & (f) forming a facet of Art. 21 Part III, Fundamental Right (FR) i.e. Right to life & Liberty, of the Constitution of India.

5.    Freedom of Information lies at the root of the rights discourse. Failure of the State to provide access to information or State suppression of information can lead to the most egregious forms of human rights violations. The Right to Information (RTI) is fundamental to the realisation of rights as well as effective democracy, which requires informed participation by all.

 

 

Regards,

WEDS



From: M.K. Gupta <mkgupta100@yahoo.co.in>
To: rti4empowerment@googlegroups.com
Sent: Wed, 29 December, 2010 13:23:21
Subject: [rti4empowerment] APPOINTMENT OF CCIC

By filing an RTI, I asked from the DoPT names of short-listed candidates considered for the post of Chief Information Commissioner and whether the short listing and selection criteria would be made public.

 

On filing the first appeal, Shri Anuradha S. Chagti, Dy. Secy. & First Appellate Authority has informed that no documents are available on these points and an appeal against this order of FAA can be made to the CIC.

 

It seems that only one name was considered at the time of appointing Shri A N Tiwari as CCIC or the DoPT has taken a decision to appoint the Senior Most IC as CIC and / or only one name was considered.

 

What next?  Views of activists are request whether second appeal is desirable on the two aforesaid issues.






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Re: [rti4empowerment] APPOINTMENT OF CCIC

For context, copy of RTI application (I have deleted my Residential address and phone number). 

 

The Central Public Information Officer,

C/o. Secretary,

Deptt. of Personal and Training,

New Delhi.

6.10.2010.

Sub: Information under RTI Act, 2005 – Selection of Chief Information Commissioner.

 

Respected Sir,

 

Kindly provide the following information on the selection of Chief Information Commissioner under RTI Act, 2005:

1.                 Names of the members who attended the meeting of the Selection Committee.

2.                 Date, time and venue of the meeting.

3.                 Names of the short-listed candidates considered for the post.

4.                 Whether the short listing and selection criteria would be made public by putting the same on the Deptt. website or by any other means.

5.                 Kindly provide a copy of the proceedings/minutes of the Selection Committee   Meeting.

B.       If some part of the solicited information does not belong to your Department, I request you to transfer that part to the concerned Public Authority u.s. 6(3) of the Act.

C.       I am enclosing a postal order for Rs. 10/- numbering 88E 389218 dated 30.9.2010 issued from the Dwarka Post Office.

Yours faithfully,

 

 

(Mahendra Kumar Gupta)

 

 




From: Sarbajit Roy <sroy.mb@gmail.com>
To: rti4empowerment@googlegroups.com
Sent: Thu, 30 December, 2010 8:39:33 AM
Subject: Re: [rti4empowerment] APPOINTMENT OF CCIC

Dear WEDS

1) The specific point you are making is?
2) In what context ?

Sarbajit

PS: So far none of what you have said can be applied to Mr Gupta's case.

On Thu, Dec 30, 2010 at 3:59 AM, DSouza Wilberious Evanglist <wilevades@yahoo.co.uk> wrote:
Dear M.K.Gupta & others,
 
Please read section 4(c&d) of RTI Act 2005.
 

(c)

 publish all relevant facts while formulating important policies or announcing the decisions which affect public;

(d)

provide reasons for its administrative or quasi-judicial decisions to affected persons.

& remember,
 

PREFACE

 

Constitution is a living document, an instrument which makes the government system work
Premble,

WE, THE PEOPLE OF INDIA, having solemnly

resolved to constitute India into a 1[SOVEREIGN

SOCIALIST SECULAR DEMOCRATIC REPUBLIC] and

to secure to all its citizens:

JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and

worship;

EQUALITY of status and of opportunity;

and to promote among them all

FRATERNITY assuring the dignity of the individual

and the 2[unity and integrity of the Nation];

IN OUR CONSTITUENT ASSEMBLY this twentysixth

day of November, 1949, do HEREBY ADOPT,

ENACT AND GIVE TO OURSELVES THIS

CONSTITUTION.

 

RTI Act 2005, Section 8(i), ultimate line reads as follows:

 

Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.

 

1.    From this you would agree that the People of India have installed the Constitution of India & the Government therewithin to themselves & to govern them. Hence, in Democracy, the Government is defined as A GOVERNMENT BY A PEOPLE; OF THE PEOPLE & FOR THE PEOPLE.

 

2.    Hence, the Government & all its functionaries are accountable & answerable to the People of India. Hence, the People of India have a right to question the Government that they have installed within the framework of the Constitution on its acts & omissions. This is otherwise known as the Right to Information.

 

3.    This Right to Information of the People of India is inalienable, axiomatic, fundamental as well as human right . This has been reaffirmed by the Supreme Court of India as a fundamental right forming a facet of Art. 19 (1)(a) of the Constitution of India. Read 6 above.

 

4.    To access, seek, receive & impart information is a Human Right (HR), as per Article 19 of The International Covenant on Civil and Political Rights (ICCPR) that was adopted by the General Assembly of The United Nations on the 16th December 1966, as cardinal principles of Human Right, embodied in The Protection of Human Rights Act 1993 section 2(d) & (f) forming a facet of Art. 21 Part III, Fundamental Right (FR) i.e. Right to life & Liberty, of the Constitution of India.

5.    Freedom of Information lies at the root of the rights discourse. Failure of the State to provide access to information or State suppression of information can lead to the most egregious forms of human rights violations. The Right to Information (RTI) is fundamental to the realisation of rights as well as effective democracy, which requires informed participation by all.

 

 

Regards,

WEDS



From: M.K. Gupta <mkgupta100@yahoo.co.in>
To: rti4empowerment@googlegroups.com
Sent: Wed, 29 December, 2010 13:23:21
Subject: [rti4empowerment] APPOINTMENT OF CCIC

By filing an RTI, I asked from the DoPT names of short-listed candidates considered for the post of Chief Information Commissioner and whether the short listing and selection criteria would be made public.

 

On filing the first appeal, Shri Anuradha S. Chagti, Dy. Secy. & First Appellate Authority has informed that no documents are available on these points and an appeal against this order of FAA can be made to the CIC.

 

It seems that only one name was considered at the time of appointing Shri A N Tiwari as CCIC or the DoPT has taken a decision to appoint the Senior Most IC as CIC and / or only one name was considered.

 

What next?  Views of activists are request whether second appeal is desirable on the two aforesaid issues.





Wednesday, December 29, 2010

Re: [rti4empowerment] APPOINTMENT OF CCIC

Dear Guptaji

Please read this recent CIC decision
http://rti.india.gov.in/cic_decisions/CIC_WB_A_2009_000862_M_48366.pdf
"Vihar Durve versus CPIO/DoPT"

Do you think that any IC will give an order which affects him also ?

Notwithstanding this, it is quite surprising that such an experienced person like Vihar Durve could not argue his case properly and get his submissions / legal arguments properly recorded in the order.

This is an extremely poor quality decision by IC-Deepak Sandhu, even the FAA's order in this case was better reasoned. There are technical reasons why this order must be reheard, and I hope that Mr Vihar Durve pursues his further remedies within the CIC.

Sarbajit

On Wed, Dec 29, 2010 at 6:39 PM, Sarbajit Roy <sroy.mb@gmail.com> wrote:
A English proverb sprang to mind when I read your post, (please don't mind my saying this).

"Fools rush in where angels fear to tread".

Sarbajit


On Wed, Dec 29, 2010 at 6:33 PM, M.K. Gupta <mkgupta100@yahoo.co.in> wrote:
At the most, CIC will reject the appeal and it has no more power.
In that case, I will have an option to go to Delhi High Court.

Sent: Wed, 29 December, 2010 6:22:28 PM

Subject: Re: [rti4empowerment] APPOINTMENT OF CCIC

Dear Guptaji

1) I cannot (regretably) reply properly without compromising some other action we are on.

2) Please read the following very carefully and act accordingly.

"In my view it would be very unwise to go to CIC with DoPT as the Respondent".

3) You might get a favorable order but the chances are against it. Going to CIC on this matter is like going to a convention of cannibals and preaching vegeterianism.

Sarbajit

On Wed, Dec 29, 2010 at 6:12 PM, M.K. Gupta <mkgupta100@yahoo.co.in> wrote:
Dear Roy,
 
Reproducing below the information sought at point 3 and 4:
 
3.    "Names of the short-listed candidates considered for the post."
4.    "Whether the short listing and selection criteria would be made public by putting the names on the Deptt. website or by any other means." 
 
I think on these two issue, going to CIC in appeal would be appropriate.
Your views.
 

 


From: Sarbajit Roy <sroy.mb@gmail.com>
To: rti4empowerment@googlegroups.com; humjanenge <humjanenge@googlegroups.com>
Sent: Wed, 29 December, 2010 3:58:49 PM
Subject: Re: [rti4empowerment] APPOINTMENT OF CCIC

Dear Guptaji

Did you use the word "short list" in your RTI request ? If there was no short list then there are no documents for her to give. You must read section 12, 13 etc. of the RTI Act very carefully and frame your request strictly in terms of the Act. When the Act does not speak of short list you can hardly expect DoPT to admit that there is any such list or need for a list.

The position in law is that a COMMITTEE of 3 members of Parliament recommends name/names to the President for appointment. The terms of ref of this Committee are already laid out in the Act. Till such time as additional rules to regulate the functioning / procedure to be followed by the Committee does not exist they can do anything within the limits of the Act. 100s of pages of documents procured under  RTI Act on this show that the Committee is continuously changing its procedure and methods.

Sarbajit

On Wed, Dec 29, 2010 at 1:23 PM, M.K. Gupta <mkgupta100@yahoo.co.in> wrote:

By filing an RTI, I asked from the DoPT names of short-listed candidates considered for the post of Chief Information Commissioner and whether the short listing and selection criteria would be made public.

 

On filing the first appeal, Shri Anuradha S. Chagti, Dy. Secy. & First Appellate Authority has informed that no documents are available on these points and an appeal against this order of FAA can be made to the CIC.

 

It seems that only one name was considered at the time of appointing Shri A N Tiwari as CCIC or the DoPT has taken a decision to appoint the Senior Most IC as CIC and / or only one name was considered.

 

What next?  Views of activists are request whether second appeal is desirable on the two aforesaid issues.








Re: [rti4empowerment] APPOINTMENT OF CCIC

Dear WEDS

1) The specific point you are making is?
2) In what context ?

Sarbajit

PS: So far none of what you have said can be applied to Mr Gupta's case.

On Thu, Dec 30, 2010 at 3:59 AM, DSouza Wilberious Evanglist <wilevades@yahoo.co.uk> wrote:
Dear M.K.Gupta & others,
 
Please read section 4(c&d) of RTI Act 2005.
 

(c)

 publish all relevant facts while formulating important policies or announcing the decisions which affect public;

(d)

provide reasons for its administrative or quasi-judicial decisions to affected persons.

& remember,
 

PREFACE

 

Constitution is a living document, an instrument which makes the government system work
Premble,

WE, THE PEOPLE OF INDIA, having solemnly

resolved to constitute India into a 1[SOVEREIGN

SOCIALIST SECULAR DEMOCRATIC REPUBLIC] and

to secure to all its citizens:

JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and

worship;

EQUALITY of status and of opportunity;

and to promote among them all

FRATERNITY assuring the dignity of the individual

and the 2[unity and integrity of the Nation];

IN OUR CONSTITUENT ASSEMBLY this twentysixth

day of November, 1949, do HEREBY ADOPT,

ENACT AND GIVE TO OURSELVES THIS

CONSTITUTION.

 

RTI Act 2005, Section 8(i), ultimate line reads as follows:

 

Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.

 

1.    From this you would agree that the People of India have installed the Constitution of India & the Government therewithin to themselves & to govern them. Hence, in Democracy, the Government is defined as A GOVERNMENT BY A PEOPLE; OF THE PEOPLE & FOR THE PEOPLE.

 

2.    Hence, the Government & all its functionaries are accountable & answerable to the People of India. Hence, the People of India have a right to question the Government that they have installed within the framework of the Constitution on its acts & omissions. This is otherwise known as the Right to Information.

 

3.    This Right to Information of the People of India is inalienable, axiomatic, fundamental as well as human right . This has been reaffirmed by the Supreme Court of India as a fundamental right forming a facet of Art. 19 (1)(a) of the Constitution of India. Read 6 above.

 

4.    To access, seek, receive & impart information is a Human Right (HR), as per Article 19 of The International Covenant on Civil and Political Rights (ICCPR) that was adopted by the General Assembly of The United Nations on the 16th December 1966, as cardinal principles of Human Right, embodied in The Protection of Human Rights Act 1993 section 2(d) & (f) forming a facet of Art. 21 Part III, Fundamental Right (FR) i.e. Right to life & Liberty, of the Constitution of India.

5.    Freedom of Information lies at the root of the rights discourse. Failure of the State to provide access to information or State suppression of information can lead to the most egregious forms of human rights violations. The Right to Information (RTI) is fundamental to the realisation of rights as well as effective democracy, which requires informed participation by all.

 

 

Regards,

WEDS



From: M.K. Gupta <mkgupta100@yahoo.co.in>
To: rti4empowerment@googlegroups.com
Sent: Wed, 29 December, 2010 13:23:21
Subject: [rti4empowerment] APPOINTMENT OF CCIC

By filing an RTI, I asked from the DoPT names of short-listed candidates considered for the post of Chief Information Commissioner and whether the short listing and selection criteria would be made public.

 

On filing the first appeal, Shri Anuradha S. Chagti, Dy. Secy. & First Appellate Authority has informed that no documents are available on these points and an appeal against this order of FAA can be made to the CIC.

 

It seems that only one name was considered at the time of appointing Shri A N Tiwari as CCIC or the DoPT has taken a decision to appoint the Senior Most IC as CIC and / or only one name was considered.

 

What next?  Views of activists are request whether second appeal is desirable on the two aforesaid issues.




Re: [rti4empowerment] APPOINTMENT OF CCIC

Dear M.K.Gupta & others,
 
Please read section 4(c&d) of RTI Act 2005.
 

(c)

 publish all relevant facts while formulating important policies or announcing the decisions which affect public;

(d)

provide reasons for its administrative or quasi-judicial decisions to affected persons.

& remember,
 

PREFACE

 

Constitution is a living document, an instrument which makes the government system work
Premble,

WE, THE PEOPLE OF INDIA, having solemnly

resolved to constitute India into a 1[SOVEREIGN

SOCIALIST SECULAR DEMOCRATIC REPUBLIC] and

to secure to all its citizens:

JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and

worship;

EQUALITY of status and of opportunity;

and to promote among them all

FRATERNITY assuring the dignity of the individual

and the 2[unity and integrity of the Nation];

IN OUR CONSTITUENT ASSEMBLY this twentysixth

day of November, 1949, do HEREBY ADOPT,

ENACT AND GIVE TO OURSELVES THIS

CONSTITUTION.

 

RTI Act 2005, Section 8(i), ultimate line reads as follows:

 

Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.

 

1.    From this you would agree that the People of India have installed the Constitution of India & the Government therewithin to themselves & to govern them. Hence, in Democracy, the Government is defined as A GOVERNMENT BY A PEOPLE; OF THE PEOPLE & FOR THE PEOPLE.

 

2.    Hence, the Government & all its functionaries are accountable & answerable to the People of India. Hence, the People of India have a right to question the Government that they have installed within the framework of the Constitution on its acts & omissions. This is otherwise known as the Right to Information.

 

3.    This Right to Information of the People of India is inalienable, axiomatic, fundamental as well as human right . This has been reaffirmed by the Supreme Court of India as a fundamental right forming a facet of Art. 19 (1)(a) of the Constitution of India. Read 6 above.

 

4.    To access, seek, receive & impart information is a Human Right (HR), as per Article 19 of The International Covenant on Civil and Political Rights (ICCPR) that was adopted by the General Assembly of The United Nations on the 16th December 1966, as cardinal principles of Human Right, embodied in The Protection of Human Rights Act 1993 section 2(d) & (f) forming a facet of Art. 21 Part III, Fundamental Right (FR) i.e. Right to life & Liberty, of the Constitution of India.

5.    Freedom of Information lies at the root of the rights discourse. Failure of the State to provide access to information or State suppression of information can lead to the most egregious forms of human rights violations. The Right to Information (RTI) is fundamental to the realisation of rights as well as effective democracy, which requires informed participation by all.

 

 

Regards,

WEDS



From: M.K. Gupta <mkgupta100@yahoo.co.in>
To: rti4empowerment@googlegroups.com
Sent: Wed, 29 December, 2010 13:23:21
Subject: [rti4empowerment] APPOINTMENT OF CCIC

By filing an RTI, I asked from the DoPT names of short-listed candidates considered for the post of Chief Information Commissioner and whether the short listing and selection criteria would be made public.

 

On filing the first appeal, Shri Anuradha S. Chagti, Dy. Secy. & First Appellate Authority has informed that no documents are available on these points and an appeal against this order of FAA can be made to the CIC.

 

It seems that only one name was considered at the time of appointing Shri A N Tiwari as CCIC or the DoPT has taken a decision to appoint the Senior Most IC as CIC and / or only one name was considered.

 

What next?  Views of activists are request whether second appeal is desirable on the two aforesaid issues.