RTI success story

This is a glaring case of exploitation of a poor Mica Labourer Suresh Ram Of Giridih Jharkhand by employees Provident Fund Orginisation officals of Ranchi Region. Ram Was granted pension by the office of the Assistant Commisioner Incharge of pension section office of the EPFO, ranchi on 24/11/2010 under later no. 672 at the said letter after a lapse of more then 32 days vide dispatch no. 2189 dated 26/12/2000 mailed to Suresh Ram but does not reached the destination. Ram repeatedely requested the autorities for duplicate copy of pension payment order but every efforts has been in vain. Ultimately Ram submitted a petetion lastly to the EPFO supported with an affadivit for issuence of second copy but EPFO officials also does not took any cognizance in the matter. He is running from dead pillar to dead post. Some labour leaders also intervened in the matter but no action too.

The matter has been raised by me by an RTI application addressed to the PIO office of the EPFO Ranchi on 25/03/2010 no action, first appeal has been preffered but no action, then a complained has been filed before CIC and the central information commision taken the matter in right perspective directed the PIO to furnish information by 26/09/2010 called for explanation from PIO by 06/10/2010. The PIO hurriedly send the PPO of Ram to Punjab national Bank, Bhorandia Giridih with a copy to me. But Mr. Shailesh Gandhi, the dynamic information commision of India vide his decision dated 28/10/2010 in case no CIC/SG/C/2010/000912 decision no. CIC/SG/2010/000912/9941 given decision in a very stern manner and give a signal to non starter administrators in following words.

Decision:

The Complaint is allowed.

In the light of the above circumstances the PIO is here by directed to provide complete and correct information as mentioned above with regard to the RTI application dated 25/03/2010 to the complainant before 19/11/2010 with a copy to the commision further, the PIO is therefore directed to submit a written explanation to show cause to why penalty should not be imposed and displinary action be recommended against him under section 20 (1) & (2) of the RTI act before 19/11/2010.

This is a grand success of RTI for a poor Labourer.

Legal Educations by Jindal's

Jindal Law School organizes International Conference on Globalization
30.10.2010 | 18:00 New Delhi Law et al. News Network
International Conference on globalization in India and US: Law, Governance and Business, an initiative of Jindal Law School, started Friday. The event brings together outstanding public figures, intellectuals and scholars from the United States, India, and elsewhere, and intends to further knowledge exchange between the two liberal and democratic societies. A collaborative conference of O.P. Jindal Global University (JGU) and Yale is expected to foster a global and more robust educational set up. While speaking at the conference the President of Yale University Professor Richard C. Levin, who is also a noted American economist, commented on the importance of the conference, “This conference, coming on the eve of U.S. President Barack Obama's anticipated state visit to India, explores some of the most perplexing issues that globalization has posed for the world's two largest democratic nations. How our legal, commercial, and governance structures address these questions will serve as models for other nations. I am pleased that Yale University and the O.P. Jindal Global University are coming together to stage the conference at this critical moment in the strategic relationship between the United States and India.” The conference also highlighted how the mindset towards the education sector in India is changing and the way universities like JGU contribute immensely in such endeavors. While expressing this thought the Chancellor of JGU Naveen Jindal said, “JGU is committed to keep the quality of education up while giving best of the faculty, facilities, exposure and infrastructure to its students”. The Vice Chancellor of JGU, Professor C. Raj Kumar, described the event to be of historic significance. He said, “The Jindal-Yale knowledge exchange on globalisation is an important initiative as it is coming together of the finest minds to offer solutions in the larger global interest.” Union Minister of Law and Justice, Veerappa Moily expressed his excitement on the establishment of such a world class university and said he expects many such institution of global reputation to come up in the country in the coming years. He also emphasized a change in the legal system which can happen only if we focus on the power of youth and empower them with world class education. While vouching for such collaborative efforts, Union Minister of State for Corporate affairs Salman Khursheed said that, “Such effective conferences would help bridge gap between concepts and their expressions, which will further lead to a truly globalised approach towards policy making and their implementation”. The two daylong sessions will highlight the importance of business and economy in both India and US and how effective is it in corporate governance, competition and regulation. Concern over the environmental protection, its sustainability and technology will be one of the key factors to be addressed during the conference. A special keynote address on this will be presented by Prof. Rajendra Pachauri, Director, Yale Climate and Energy Institute. The conference will also have participation from veterans like Professor Peter H. Schuck, Simeon Baldwin Professor Emeritus of Law, Yale Law School, USA; Rahul Srivastava, Chairman & CEO, LexisNexis-India; Gopal Subramanium, Solicitor General of India & Chairman, Bar Council of India; Ashwani Kumar, Director, Central Bureau of Investigation (CBI); Dr. A. Francis Julian, Senior Advocate, Supreme Court of India, N Ravi, Editor, The Hindu and many more from the areas of law, business, and academics from across the world. The entire endeavour of organizing such global symposiums by JGU is reaching out to essential issues of the society and bringing out probable options with viable solutions.

Comment by Legal Aid Worker, Dhirendra Prasad

First of all I Dhirendra Prasad Adv.& R.T.I Activist from Giridih, Jharkhand congrats J.G.U.for such a program.I have experience as a employee in Judiciary and as a law practitioner on the prevailing system of criminal justice which could detain people endlessly on filmys grounds, gave impunity to erring officials and offer/gave no compensation even for illegal acts and misdeeds of prosecuting agencies. I sincerely thank Sri Naveen Jindal M.P. young and dynamic chancellor of J.G.U who decided with his team to start Model Law University to show the law teaching institutions how legal education had to be organised to make it socially relevant and professionally useful. It fell to my lot to conceive the new university,the goal of putting in place a working model of a centre of excellence in legal education in India. I request/suggest the organizers to kindly invite Dr.N.R.Madhav Menon.an activist for reforms in legal education in India and abroad incuding U.S, legal aid and legal profession. Lastly I wish a grand success for Jamboree and hope this will create a new horizon in legal education.

Magistrate accuses lawyers of caste slur – Lawyers to go on Strike

20.10.2010 | 23:58
New Delhi
Abhijit Pandey

District bar associations of Delhi and Haryana may go on strike from tomorrow demanding transfer of a judicial magistrate posted at Gurgaon. The dispute relates to a police complaint lodged by the magistrate against three lawyers accusing the latter of abusing him under the SC/ST (Prevention of Atrocities) Act. The magistrate alleged that the accused had made casteist remarks and threatened him.

Speaking to Law et al. News Secretary of Gurgaon bar association Ajay Choudhry, also an accused, said that they have been falsely implicated in the case. Choudhry said that the case has been registered without following necessary protocol. Talking about the incident Choudhry stated that there is no ground for lodging any case against the lawyers.

Choudhry said that it was the judge who during the hearing of a case asked the lawyers to go out of the room without any reason and also threatened them with arrest. It was last Thursday when the incident occurred however the lawyers claim that they had no idea of the developments till the police informed them of the complaint a few days later.

The secretary of the New Delhi bar association also confirmed that bar associations of all district courts of Delhi would be on strike tomorrow. Backing the stand of the lawyers he stated that during the hearing some arguments may have taken place but it should not have been taken personally and relation between judges and lawyers should always be cordial.

Source: http://www.lawetalnews.com

Assam swings into action following SC directions on judicial infrastructure

15.09.2010 | 08:00 Gauhati Law et al. News Network
After being pulled up by the Chief Justice of India SH Kapadia for its failure to comply with the Supreme Court’s directive, Assam government has constituted a State Committee as well as district committees for each of its districts to monitor the development of infrastructure for the subordinate judiciary. A source informed that Assam government took the step in terms of the order of the Supreme Court dated July 12 passed in connection to an Interlocutory Application No. 279 (in Writ petition (c) No. 1022 of 1989). The district committees have been directed to furnish the required information regarding the infrastructure need in respect of court buildings and residential quarters of the judicial officers to the State Committee for compilation and submission to the Central Monitoring Committee, which in turn, will be responsible for submitting the report to the Supreme Court. In respect of the state of Assam, reports from the district committees are being collected by Gauhati High Court as well as by the Judicial Department. Once all reports are received, the State Committee will compile the information, so received, and submit the same to the Central Monitoring Committee in the format supplied by the Supreme Court. It may be mentioned that the Chief Justice of India recently paid a visit to Guwahati and Shillong to take stock of the state of infrastructure in respect of subordinate judiciary in Assam and Meghalaya. He held interaction with judicial officers of the region during the visit to get first hand information from the ground so as to cross check the reports submitted by the state governments about the state of infrastructure facilities available for the subordinate judiciary. The CJI was not impressed at all by the state of infrastructure facilities available for judges, lawyers and litigants in lower courts in these states though the respective state governments in the status reports sent earlier to the Supreme Court had painted a very rosy picture. The matter relating to “Infrastructure in Subordinate Judiciary and setting up a Special Purpose Vehicle towards its improvement” has been coming up before the Supreme Court of India regularly. The latest order in this regard was passed on September 13 by a bench comprising Chief Justice SH Kapadia, Justice Aftab Alam and Justice KS Radhakrishnan. The court in its latest order has observed that many states are yet to implement the directions passed by the Supreme Court regarding furnishing of reports with respect to existing, ongoing and proposed plans towards infrastructure plans for housing for subordinate judiciary. The court further noted that wherever the reports have been furnished, they are not accurate or do not provide complete picture. All states thus have been directed to comply with its directions by the next date of hearing. While passing directions in the abovestated matter, the Supreme Court has observed that while ordinarily it does not interfere in financial matters, it was important for it to intervene in view of importance of subordinate judiciary in delivery of justice and its neglect at the hand of government. The Supreme Court observed, “Justice Delivery System is the bedrock of the rule of law, which is held to be the basic structure of the Constitution and it is our view that, in the absence of adequate judicial infrastructure, particularly for the subordinate Courts, it would not be possible to sustain rule of law in this Country.” source: www.lawetalnews.com

Dhirendra Prasad invited as a guest by Shree Krishna Institute of Public Administration, Govt. of Jharkhand on Human rights and RTI.

Right to Information Act 2005 an birds eye view

In November 2006 while addressing NJ Pandya's lecture on excellence the then Chief Justice of India designate Hon'ble Mr. Justice KG Balakrishnan stated that the RTI act will create an atmosphere of transparency. After four years the same judge says Chief Justice of India is not a public servant rather he is a constitutional authority and he will not come under the circumference of RTI act. Hon'ble Mr. Justice VR Krishna Iyer stated in one of his book "Law & Life" published by eminent publisher of the country 'Universal Books' and advocated that the RTI act is applicable with the Chief Justice of India as well as President, Vice President, Speaker of the Lok Sabha and so on. Their oath bound them to reply to the RTI queries within the ambit of law. In the implementation of RTI act, the rule making power of High courts and legislatures are creating some trouble. Some High courts in the country fixed a exuberant application fee and inspection fee, some High courts mention in their rules that the applicant will have to show the cause of the information they need. Delay breeds corruption and this pathology is required in the field of Judiciary or at least in the subordinate judiciary,

Some of the RTI applications ignited by me.

I have sent information petitions to the public information officer [PIO], at the office of the District & Sessions Judge, Sahebganj, Jharkhand and after 6 months the PIO furnished information on the intervention of Mr. SD Mahto, information commissioner Jharkhand after elapsing around 6 months, The matter is concerned regarding sanction of leave and payment of retiral benefits of a Civil Courts employee.

Another petition have been sent to PIO office of the District and Sessions Judge, Gumla, Jharkhand and that case is still pending with the PIO, he did not even bothered to acknowledge the application resulting first appeal to the first appellate authority cum first additional district & sessions judge of the same sessions division.

This one is even more interesting RTI application preferred before PIO office of the Secretary, Law Legislative department, Govt of Jharkhand, Ranchi with a request to furnish the note sheets and orders passed thereon by the competent authorities on the basis of a letter sent by the District & Sessions' Judge of Giridih, Jharkhand regarding settlement of pension and payment of retiral benefits of a Civil Courts Employee in the month of February 2010. First appeal has been preferred in the law department, govt of Jharkhand, matter has been reported to the information commission, the then adviser to the His excellency Governor of Jharkhand and lastly when first appellate authority who is none else but an Officer of the rank of Higher Judicial Service. The second appeal which has been sent to the information commission headed by a Judicial Officer [Retd District Judge came after taking VRS] adjourned the second appeal casually in a mechanical way. The Patna High Court made a very different rule so far RTI is concerned, I have occasion to ask question from PIO Patna High Court to know whether themes given by the then Chief Justice of India Mr. Justice YK Sabharwal in the lecture series of Justice Shobhagmall Jain on delayed justice be implemented in the state of Bihar because the text of lecture has been transmitted to all the High Courts of the country. On my RTI application the PIO of the court informed me by letter that the information seeker is required to appear in person or through his representative before the babu at the cash counter of the court for obtaining information under RTI act.

All these cases shows the manner in which RTI applications dealt with in Judiciary and Departments of Justice.
Someone said sometime back "you cant implement any law if judge is corrupt or incompetent." This is the position of RTI act atleast in the Judiciary and Departments of Justice.

Some success stories in RTI

An old woman called Annapurna Devi received her retiral benefits and pension with provident fund money after a gap of more than 10 years from central coalfields limited a subsidiary of coal india on the application of RTI act.

Another lady Chinta Devi her late husband Mohi Hari died 13 years ago with Giridih Municipal Corporation in the state of Jharkhand received her dues after using RTI application. Law as I conceive it is a social auditor if someone ignites it with real public interest.

"BIG CHANGES ALWAYS BEGINS WITH SMALL STEPS"

I am thankful to Mr. Anubhav Arora, the dynamic young director of Universal Law Publishing Company Pvt Ltd, New Delhi that he had given me an opportunity to share my views with the distinguished Legal luminaries of the country as far as RTI is concerned.

RTI Activist taken to court

I have gone through news item published in the Indian Express, New Delhi, Today, i.e; 15.10.2010 under caption:

"RTI Activist call Orissa CIC 'buffoons' taken to court". We have to think over it ? We have to assess the working of information commissions and pattern of proceedings in the commission, Pradhan and Behra told nothing wrong that the information commissioners behaving like a court. In the RTI Act, there is no provision to call the information seeker in hearing because Information Commissioners do not have such powers under the RTI Act, I endorse the views and comments given by Pradhan and Behra, RTI Activists of Orissa. The information commissions require diagnosis and pathology. Delay breeds corruption must be remembered by all whoever he may be. The second point for considerations is the process for appointment of chief of CIC and Information Commissioners must be reviewed by a high power committee consisting of persons like VR Krishna Iyer, Dr. NR Madhav Menon, Somnath Chatterjee, Prashant Bhusan, Dr. Jagdish Gandhi, Justice Suresh, Arvind Kejriwal, Shailesh Gandhi and likewise persons so that dead woods may not be accommodated in the information commissions, the matter is of great importance and persons involved in RTI movement requested to suggest some ways and means to rectify the problem.

PF/Pension payment after 8 years

This is a glaring case regarding non-payment of retiral benefits and PF claim of a widow Annapurna Devi working with CCL. The matter has been ignited through golden law [RTI] and finally on the intervention of Union Minister of Coal everything has been settled.

The Competent Authority and Head of the Public Authority has desired to issue a 'WARNING' to Shri Narhari Das, CPIO/Regional Commissioner Ranchi to be cautious in his dealings and ensure appropriate action in all pending claims in their regional office.

He has further been directed if necessary he may seek the help of Area GM/CGM/D[P, CCL] in sorting out the problems and settle both the PF and Pension claims of the claimant within 15 days of receipt of this communication under intimation to all concerned.

The Director Personnel CCL Ranchi has been requested to take necessary action against responsible colliery officers/officials.

*Annapurna Devi is a Handi-capped.

CIC Directive !

Implementation of Electricity Act !!

I'm posting a case regarding implementation of Indian Electricity Act 2003 and Notifications issued by Department of Energy, Government of Jharkhand, Ranchi in the month of Aug'04. Section 152 of Electricity Act,clearly states that if loss and compensation money is deposited then no proceeding/prosecution shall continue in Court of Law although it requires a rider the offence must be the first offence and this privelage wii be given once.
There is a case pending in the court of one Judicial Magistrate first class fole at Giridih, bearing Giridih Town Police Station Case No.-0045/08 State Vs Alamgir and four others.Although more than 100 cases pending in the Judge ship of Giridih for the offence and almost in every case composition money has been deposited by the accused persons barring few.One Bharat Prasad Swarnkar agetitated before the learned Magistrate in above noted Town P.S. Case with the copies of relevant Act Notifications and Communications received from the Energy Department Govt. of Jharkhand, Ranchi with a request to pass appropriate order in the light of Indian Electricity Act Section 152. The Judicial Magistrate directed the prosecuting officer to file rejoinder and accused has been directed to appear in person on next date. As directed accused appear physically but the State/prosecuting Agency neither filed rejoinder nor filed any petition for time but the Court of the said Judicial Magistrate adjourned the Case suomtu again directing the accused to appear in person and the prosecution to file rejoinder.The accused Swarnkar who is a Government School Teacher was deployed in Election Duty,hence a petition for representation has been filed on his behalf by his Lawyer explaining his non appearance physically and circumstances. Although no rejoinder has been filed nor any petition for time has been filed by the State/prosecuting Agency but the Court of Judicial Magistrate whimsically/arbitrarily cancelled his bail bond issued warrant of arrest non bailable and without receiving any execution report issued process under section 82 Cr.P.C. and again on the same unlawful manner issued process under section 83 Cr.P.C. against Swarnkar.
In the night of 12.01.2010 this ill fated man was arrested and produced before the Judicial Magistrate Giridih and sent to Jail Hazat. His petition for bail was rejected by the Judicial Magistrate the preffered bail application before the learned session Judge of Giridih who has been pleased to release Swarnkar on bail. Swarnkar spent one week in Jail for no fault ! The Government of India and higher Judiciary is very much serious to cut back log of cases in the Judiciary and in this regard a vision statement has been released and copy of the same statement has been issued from the cell of Chief Justice of India with a D.O. letter addressed to all the Chief Justices of igh Courts in country for onward transmission to subordinate courts and in the other hand persons like B.P.Swarnkar is facing such circumstances.
As a lawyer we have not only commercial relationships with the letegants but we have to teach them counsel them and take their stress. I seek views /advice /suggestions /comments how to implement this in the State of Jharkhand so that letegants were not suffer further.

Thanks & Regards
Dhirendra Prasad
Advocate, Giridih, Jharkhand
+919431160292

Non Implementation of Mandatry Provisions Of Electricity Act 2003 by Judicial Magistrate at Giridih Jharkhand

One Innocent person " Bharat Prasad Swarnkar" a Government school teacher has been made accused in a energy theft case bearing Giridih Town, Police Station, Case no. 0045/2008 in the state of Jharkhand. He immediately deposited loss incurd by Jharkhand State Electricity board with the compensation money as per provision contained under section 152 of Indian Electricity Act 2003. He appealed the Judicial Magistrate in trial court at Giridih for the implementation of said Electricity Act but on some grounds not legal arbitrairly sent to Jail by the Magistrate, however session Judge of the Division has been pleased to enlarge Swarnkar on Bail. On one hand government of India under the dynamic leadership of our Honorable Law minister Dr. M Virrapa Moily with the concurrence and active support of Honorable the Chief Justice of India trying hard to cut backlog of cases D.O letters has been sent to all the Chief Justices of High Courts of Country by Honorable the Chief Justice of India with the Vision document prepared in October 2009 and in another hand such type of cases which is clearly a burden as per law is continuing in Judicial post is a matter of public debate.
Ideas, Views, Comments Invited how the Act should be implemented. The matter is within the coznigence of all concerned including the energy secretary Jharkhand/ senior legal advisor Jharkhand state electricity board ( an officer of the rank of District Judge and others).