Right2Information

Right to Information – Master key to good governance

Appeal under section 19 (1) of the Right to Information Act, 2005.

Posted by rtiact2005 on October 15, 2006

Appeal under section 19 (1) of the Right to Information Act, 2005.

 

To        : The Appellate Authority,

Shri Jogendra Singh, Director General,

DIRECTORATE GENERAL OF Vigilance,

Customs & Central Excise, Headquarters Office,

Ist Floor, Samrat Hotel, Kautilya Marg, Chanakyapuri,

New Delhi – 110 021.   Phone: 011-2611 5722

 

(1)        Full name of the Appellant :

  Mr. Rajesh Vishnudas Darak

 

(2)        Address :         

C/o. Whistleblowers India, 8, Varsha, North South Road No.5, Vile Parle (W), Mumbai – 400 056.    

 

(3)        Particulars of the Central Public Information Officer (CPIO) :   

Sh. C. S. Prasad, Addl. Director General Vigilance,

Ist Floor, Samrat Hotel, Kautilya Marg, Chanakyapuri,

New Delhi-110 021, Phone: 011-26115725

 

(4)        Date of receipt of the order appealed against :     22nd September, 2006

            (if order passed)          

 

(5)        Last date for filing the appeal :                             22nd October, 2006   

 

(6)        The grounds for appeal :

 

The CPIO has denied information under sections 8(1)(e) and 8(1)(j) of the RTI Act, 2005.

 

The subject matter of information is ‘ Relating to details of immovable & movable assets of persons specified.’

 

It is a fundamental right of the citizens of India to find out whether the employees of a govt. department are corrupt or not . India has been ranked as the worst performer by Transparency International on its global Bribe Payers Index, which is based on the propensity of companies from the world’s 30 leading exporting countries in bribing abroad. Please refer the link http://www.transparency.org/news_room/in_focus/bpi_2006#pr for the full report.

 

Customs & Central Excise is an important dept. entrusted with the task of collecting revenue & preventing revenue loss. The high level of corruption prevailing in the Customs & Central Excise department is evident from the noteworthy no. of ‘under cloud’ & ‘agreed list’ officers in sensitive postings. This shows that the Customs & Central Excise dept. has failed to keep a check on corruption. Having understood this fact, it becomes important to know whether the assets declared or possessed by the staff of this dept., are proportionate to their known sources of income or not.

 

The Election Commission of India has mandated disclosure of details of movable & immovable assets by each candidate seeking election to Parliament or a state legislature. Please refer page nos. 12 & 13, which are part of the 4-page Annexure (page nos.11 to 14) in the link http://www.eci.gov.in/ElectoralLaws/OrdersNotifications/Order_Assests_Affidavits.pdf#search=%22disclosure%20of%20assets%22  which is the mandated format for disclosure.

 

An example of one such disclosure, which is a part of the affidavit filed for the General Elections – 2004, made by Smt. Sonia Gandhi, MP from Rae Bareli, appears on page nos. 2 & 3 in the link http://archive.eci.gov.in/GE2004_Affidavits/Uttar%20Pradesh/Affidavits/19/Sonia%20Gandhi/SG.html

 

Further, the Karnataka Information Commission (KIC) vide its order dated 21st July, 2006 has directed the respondent to make available the assets and liabilities declarations to the complainant. A copy of the said order is attached herewith for your ready reference.

 

It is amply clear from the above facts & arguments that the CPIO’s denial of information, under sections 8(1)(e) and 8(1)(j) of the RTI Act, 2005 is not tenable. The public interest override prevails for such a disclosure, because disclosure of assets creates a disincentive for corruption by creating fear of exposure. This is the sole reason why the department’s conduct rule mandates disclosure of assets by its employees. Since the department itself, usually, does not have the time to check & verify the declarations of its employees, this task can be taken up by the citizens of India. The public has a right to know whether the public servants are working honestly or not.

 

The CPIO has thus failed to apply his mind correctly.

 

You are therefore requested to direct the CPIO to immediately furnish the required information.

 

 

Place    : Mumbai

 

Date     : 12/10/2006                                                                            Signature of Appellant

 

Enclosures :

 

1)       Copy of my RTI Application dated 14th August, 2006

2)       Copy of CPIO’s letter dated 29th August, 2006.

3)       Copy of CPIO’s reply dated 19th September, 2006.

4)       Copy of KIC’s order dated 21st July, 2006

P.S. Hard copy of this Appeal alongwith the enclosures already sent by Speed Post today.

c.c. Chairman – CBEC – With a request to pass this on to the addressee, since my previous e-mail to this addressee had bounced; and an additional request to ensure that e-mail IDs of all the important posts are listed on the website, http://www.cbec.gov.in/

Rajesh Darak

Mera Bharat Mahaan…Nahi Hai,
Per Yeh Dosh Mera Hai.

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25 Responses to “Appeal under section 19 (1) of the Right to Information Act, 2005.”

  1. Vijyant Nigam said

    Mera Bharat Bahut Mahan Hai

    kuch gandey logo k doshi honey se Bharat ki chavvi e koi aanch nahi aaney wali.

    shirt e kuch cheetein adne se uri shirt gandi nahi hoti

    tum to ek kad k brabar ho— Bharat ek Pahaad hai.

    Do not say ever this, dosho ko sudharo na k unka rona ro k tum doshi ho.

    BE POSITIVE THINK POSITIVE
    GOD BLESS YOU & GET WELL SOON. YOU R SICK

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