u. p. info-commissioners are not complying the section 18 of the RTI Act 2005 - action required

By E-mail

To ,
1- Sri B. L. Joshi , The Governor of Uttar Pradesh , Lucknow
<hgovup@up.nic.in>,
2- Km. Mayawati , The Chief Minister of Uttar Pradesh , Lucknow "cmup"
<cmup@nic.in>,
3- The Principal Secretary , Administrative reforms department , U. P.
Government , Lucknow , Uttar Pradesh "psecup.adminref"
<psecup.adminref@up.nic.in>,

with copies to –
1-Sri R. S. Pankaj , The Chief Information Commissioner , Uttar
Pradesh State Information Commission , Indira Bhawan , Lucknow
, scic.up@up.nic.in
2- Sri Yogendra Singh , The Secretary -Uttar Pradesh State Information
Commission ,Indira Bhawan , Lucknow sec.sic@up.nic.in

Res. All

U all shall agree that it gives more pain when u strangle someone than
to kill him at once. RTI act is being strangled by the information
commissioners of uttar Pradesh so its better that they should kill
this act in one go and let its soul rest in peace so that the
info-seekers should not live on false hopes that one day they shall
get the information / justice from SIC uttar Pradesh.

First it was the issue of incompetent / corrupt persons appointed as
the info-commissioners and if this was not enough , these
info-commissioners are now openly defying the provisions of the act
and inventing newer ways of delaying the information to the
info-seekers.

Information delayed ( beyond time stipulated in the act ) is
information denied. So , by adopting delay-tactics , these
info-commissioners are directly helping in denial of information to
the info-seekers. These info-commissioners are the traitors of RTI
though they should be guardians of RTI . Such traitors should be dealt
with and punished according to law.

Section 18 of RTI act says "Powers and functions of Information
Commissions.-(1) Subject to the provisions of this Act, it shall be
the duty of the Central Information Commission or State Information
Commission, as the case may be, to receive and inquire into a
complaint from any person,-
c) who has not been given a response to a request for information or
access to information within the time limit specified under this Act;"

This section has words like shall , duty , receive and inquire into a
complaint , has not been given response , within the time limits. The
stated and implied meaning of all these words are clear to anyone with
a general IQ but for the best reasons known to them only , our
info-commissioners don't ( want to ) understand these words and take
action in letter n spirit of the act.

Please go thru the given link

http://file1.hpage.com/000223/57/bilder/sicupsec18dumped.jpg

A perusal of the letter of UPSIC makes It clear that a complaint made
under section 18 (3) was converted into first appeal of section 19(1)
and sent to the AA of the concerned department. This way the
info-commissioner not only let the PIO go Scot free but threw the ball
into the info-seeker's court first to wait for 30 more days for reply
of AA and then again make second appeal to the UPSIC . Since the
information is sent by ordinary post so in sensitive RTIS' , the
info-seeker never gets this letter and waits for action on his
complaint that was disposed-off as converted to appeal of section
19(1) . The AA never takes any action and all further inquiries of the
info-seekers are lost in the wilderness. This nexus of info-seekers
and PIO/AA is strangling the rti act in U. P.

Hence , I request you all to intervene to punish the erring
info-commissioners for not complying the section 18 of the RTI Act
2005 and also for unnecessary delaying the information.

best regards

date 07-04-09

yours truly

Urvashi Sharma
social worker
F-2376 , Rajajipuram , Lucknow
pin - 226017 , Uttar Pradesh INDIA
contact - 9369613513
@i$#w@ry@!
rti helpline-8081898081