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,


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.


28 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.


  2. I do not normally comment on peoples websites however I had to say thankyou for such a great read.

  3. RAKESH said


  4. Hello, sorry to bother you, I just see that members have alive discussion at this place.
    Does anybody has any experience with MAKING MONEY with
    AMAZON AFFILIATE WEBSITE? I made some cash with GOOGLE ADSENSE before but not much. My friend has suggested to buy a AFFILIATE WEBSITE at 999site.com (here is URL if you are lazy to type it, direct link – “WEBSITES FOR SALE”) – I hope it can work! It looks like they are making good MONEY MAKING SITES. please share your opinion and experience? I was not able to find a good looking
    FREE AFFILIATE WEBSITE and 999site.com sounds as good and inexpensive. Thanks!

  5. Limitless Blog Commenter…

    […]Appeal under section 19 (1) of the Right to Information Act, 2005. « Right2Information[…]…

  6. google search site…

    […]Appeal under section 19 (1) of the Right to Information Act, 2005. « Right2Information[…]…

  7. Jual Kaos said

    Jual Kaos…

    […]Appeal under section 19 (1) of the Right to Information Act, 2005. « Right2Information[…]…

  8. Wow, wonderful weblog format! How lengthy have you been blogging for? you made blogging look easy. The whole glance of your website is great, as neatly as the content material!

  9. Fantastic put up, very informative. I wonder why the opposite specialists of this sector do not notice this. You must continue your writing. I am sure, you’ve a great readers’ base already!|What’s Going down i’m new to this, I stumbled upon this I’ve found It positively helpful and it has aided me out loads. I hope to contribute & aid different users like its helped me. Great job.

  10. hello there and thank you for your info ? I’ve certainly picked up something new from right here. I did however experience a few technical issues the use of this web site, since I experienced to reload the site many occasions previous to I may just get it to load correctly. I were brooding about in case your web hosting is OK? Now not that I am complaining, however sluggish loading cases instances will very frequently have an effect on your placement in google and can injury your quality rating if advertising and marketing with Adwords. Well I’m including this RSS to my email and could look out for much more of your respective interesting content. Ensure that you replace this once more soon..

  11. best mybb said

    Hi, Neat post. There is a problem with your web site in web explorer, might test this? IE nonetheless is the marketplace leader and a large part of other folks will miss your great writing because of this problem.

  12. Very nice post. I just stumbled upon your weblog and wanted to say that I’ve truly loved surfing around your blog posts. In any case I will be subscribing in your rss feed and I am hoping you write once more very soon!

  13. arunkumar said

    yes, it is a fact, today Bharat does not seem to be mahan in any way. if we do not accept this stark reality, the facts will not change, rather opposite is true. If we we accept the fact, then only we can find out ways as to how to sole our problems & progress.

  14. arunkumar said

    i have complained DG Vigilance about non-issue of Show Cause Notice in a 100% export oriented unit in Raipur Central Excise Commissionerate of CHHATTISGARH and the CPIO of DG Vigilant has intimated that an Enquiry is to be conducted. Now the investigation has been deliberately missed by Central Excise Department so that the erring officers & fraud unit can escape action. In no way, mera Bharat is Mahan.

  15. This is very fascinating, You’re a very professional blogger. I have joined your feed and sit up for in the hunt for extra of your wonderful post. Also, I have shared your website in my social networks

  16. Carey said

    I do not know if it’s just me or if everybody else experiencing problems with your website. It seems like some of the written text within your posts are running off the screen. Can someone else please comment and let me know if this is happening to them as well? This could be a problem with my web browser because I’ve
    had this happen previously. Kudos

  17. I like this blog so significantly, saved to my bookmarks .

  18. Cora said

    Thank you for your great post! It has long been really valuable.
    I hope which you will proceed sharing your wisdom with us.

  19. Bikes said

    The write-up posted was extremely informative and beneficial.
    You folks are doing a terrific job. Maintain going.

  20. Hello colleagues, its impressive post about educationand completely explained, keep
    it up all the time.

  21. Hi there! I could have sworn I’ve been to this website before but after browsing through some of the articles I realized it’s new to me.

    Anyhow, I’m definitely happy I came across it and I’ll be
    book-marking it and checking back regularly!

  22. Hey there, I think your blog might be having browser compatibility issues.
    When I look at your website in Opera, it looks fine but when opening in Internet Explorer, it has some overlapping.
    I just wanted to give you a quick heads up! Other then that, very good blog!

  23. It’s remarkable to go to see this web page and reading the views of all mates regarding this piece of writing, while I am also zealous of getting knowledge.

  24. Hi there mates, nice paragraph and nice arguments
    commented at this place, I am in fact enjoying by these.

  25. Mohr.aslam said

    Madhya pradesh ke anuppur jile ke jaithari tahseel antargat
    pura police prasasan, nagar prasansan,rajaswa prasasan brastachaari ho raha hai
    yaha khuleaam gundagardi,maarpit,sarkari jamino m kabja ho ra yaha ki sudh koi nahi le raa

  26. When I initially commented I appear to have
    clicked the -Notify me when new comments are added- checkbox and
    from now on every time a comment is added I recieve four
    emails with the same comment. Is there an easy method you are able to
    remove me from that service? Thank you!

  27. I’m no longer certain where you are getting your information, but good
    topic. I needs to spend a while learning much more or
    working out more. Thank you for excellent info I used
    to be looking for this info for my mission.

  28. i want to apleement office in anuppur

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )


Connecting to %s

%d bloggers like this: