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.
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.
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