RTI Reply Public Garden Reservation-246. Complaint Against PIO SHRI HANSRAJ MESHRAM of Tree & Garden Department of Mira Bhayandar Municipal Corporation

Ref. No. :-- Complaint/RTI/1052/MBMC/TreeGarden/PublicPlayGroundRes246/03102019/V02 

(Please quote this Ref. No. in all future correspondence on this RTI application)

PIO & FAA DISOBEYING THE DIRECTION OF LAW AND PRINCIPLES OF NATURAL JUSTICE BY THE TREE & GARDEN DEPARTMENT OF MIRA BHAYANDAR MUNICIPAL CORPORATION THEREBY DESTROYING THE PURPOSE AND SPIRIT OF RTI ACT FOR WHICH THEY HAVE BEEN APPOINTED AND PAID SALARIES FROM TAXPAYERS MONEY AFTER RETIREMENT.

Date: -- 30/11/2019

From,
BRIJESH SHARMA
A/230, Shanti Shopping Center,
Mira Road Station, Thane-401105
Mb# 9322683456

To,
SHRI SUMIT MULLICK, THE CHIEF INFORMATION COMMISSIONER
New Administrative Bldg., 13th Floor, Opp. Mantralaya,
Mumbai – 400032
Email: -- cic.mumbai@maharashtra.gov.in

SHRI DEEPAK KHAMBIT, PWD-MBMC, FIRST APPELLATE AUTHORITY
Mira Bhayandar Municipal Corporation,
Bhayandar - 401101
Email:-- mbmcpwd@gmail.com; mbmc.garden@gmail.com;

Subject: -- Complaint Against PIO SHRI HANSRAJ MESHRAM of Tree & Garden Department of Mira Bhayandar Municipal Corporation, In My RTI Application Dt. 05/10/2019 Misleading & Incomplete information provided, Disobeyed The Direction of Maharashtra Government G.R.s.

Ref: -- Application with Request for Submission of Proposal for Initiating Department Enquiry to Competent Authority Against the Public Information Officer of Mira Bhayandar Municipal Corporation as per GR. Dt. 31.3.2008. GAD, GR. No. CRTI-2007/74/C.R.154/07/06 Para 4.

 

Respected Sir,

My submission is with due respect and all humility, with no intention to cause hurt and injury to any individual and /or institution, but only in the interest of public at large. In the event, if my submissions are incorrect, I shall be obliged if your office can educate me by furnishing relevant documents in support. Without prejudice to my rights and contentions I submit as under.

Date of RTI Application :    05/10/2019 

Date of PIO Reply Received :    30/11/2019 (Refer Exhibit - 01)

Grounds for complaints: --

1. The PIO of Mira Bhayandar Municipal Corporation is EXPECTED TO REPRODUCE THE INFORMATION SOUGHT BY THE APPLICANT ON LEFT SIDE OF THE CHART AND PROVIDE INFORMATION / REPLY ON THE RIGHT SIDE. This has not been provided.
2. Transfer RTI application u/s 6(3) of RTI Act, if Information Not Related to PIO  or Authority: PIO is punishable for violating the provision of G.R. dt. 31.3.2008 GAD, GR. no. CRTI-2007/74/C.R.154/07/06 has not transferred my RTI application u/s 6(3) details of the Concerned Authority within 5 days.
3. Sending reply on or after 30 days for payment of Zerox charges: as per GAD circular dt. 17.11.2017 the intimation of charges to be paid is to be intimated within 10 days of the receipt of the RTI application.
4. Send Money Order of Fees: As per Government Circular of General Administration Department no.  CRTI - 2008/870 / C.  R.  300/08 / VIBOL.  13/05/2009 Public Information Officer in each public authority mentioning mandatory, details about which applicant should send money order of fees, in their letter. The details of the bank and the title of the account are also clear if you want to send in the names, the money to be paid by invoice. 
5. Not providing Email Dd and Telephone no. of Appellate Authority: The PIO is duty bound to provide address, name and email id of the PIO and appellate authority. Kindly refer to GAD circular dt. 1.2.17. The said provision ids violated. The details of appellate authority is also not given.
6. Affixing of stamp, signature name and date on the documents while issuing the information:   as per GAD circular dt. 1.2.2017 para 8, the format of the stamp to be affixed is provided for ready reference.
7. Sending notice for payment of small amount: as per GAD circular dt. 6.9.2008. if the amount is small and the time and the amount spent is higher, such small amounts need not be taken.
8. The information can be denied: only on the grounds mentioned in Section 8 of the RTI Act and not what PIO of Mira Bhayandar Municipal Corporation deems fit.
9. Public Document Under Section 74 in The Indian Evidence Act, 1872 : “Police FIR, Letters and communications between public officers and All documents prepared by a public servant in discharge of his public official duties”.
10. With regards to Call of Inspection to Search the Information: the RTI envisages that the PIO shall search and locate the information. The applicant cannot be called and asked to search information. There is no provision under RTI act to call the applicant for inspection and direct him to search the information.
11. Not Reproducing the Information Sought with Index and Paging: the reply ought to be given in chart form reproducing the information sought and the reply on the other column of the chart. This enables the applicant to verify that all the information sought is provided and on which page this information is available.
12. Information is not clear: if the information is not clear the PIO shall call the applicant on his contact number and seek clarification. The PIO cannot deny the information on the 30th day on such wrongful grounds.
13. Need name of work and public work: an applicant is not expected by law to know such minute details of the project. Kindly refer section 4 (1) (A) RTI act. It has casted duty on the PIO how he shall maintain records and especially which facilitates the right to information under this act.
14. The information is not available in the format as sought by you: AND
15. Information is not available on record: This is vague, misleading and incorrect reply. The information shall be self explanatory as mentioned in section 19(5) RTI act. The PIO shall inform
1. if that document was prepared
2.  if that documents is lost
3. if that document id destroyed.
4. If that document was never prepared
16. The PIO is duty bound to provide address, name and email id of the PIO and appellate authority. Kindly refer to GAD circular dt. 1.2.17. The said provision ids violated. The details of appellate authority is also not given.
17. Kindly refer to section 4.1(a) RTI act. Your department has to maintain the records which facilitate the right to information under the RTI act. Hence, the applicant is not expected to know the survey no. of the road. He shall provide only the location and postal address, which a common knows. Information denied on wrongful grounds.

Prayers: --

1. Penalty to be imposed on the PIO under section 20(1) of the Act for not providing information in a malafide manner.
2. Disciplinary action be recommended against PIO of Mira Bhayandar Municipal Corporation.
3. Please pass an order that the concerned public authority be directed to pay a sum for compensation Rs 25,000/- to the appellant u/s 19(8)(b) of RTI Act 2005 for the waste of time, money & man hour time and detriment suffered by appellant of having to file the appeals and not getting the information & inspection in time.
4. Pass order for “Negative Remarking on Annual Confidential Report” for PIO of Mira Bhayandar Municipal Corporation.
5. Any other directions/orders as the Hon’ble Commission may deem fit may be passed.
6. Penalties & take legal action against the PIO of Mira Bhayandar Municipal Corporation under RTI act.
7. Invoke the powers vested upon you under the RTI Act 2005 to initiate disciplinary action and penalize PIO of Mira Bhayandar Municipal Corporation for dereliction of duty.
8. Instruct the PIO of Mira Bhayandar Municipal Corporation not to make the same mistake in the future with other RTI Activist.
9. Also ensure that the RTI Act in implemented in PWD Department of Mira Bhayandar Municipal Corporation in true letter and spirit of transparency.
10. In the above circumstances, the PIO has committed several violations and breaches of law, which can invite criminal prosecution u/s 166, 167, 217, 218 IPC and disciplinary proceedings.
11. I humbly request to provide me the information as per section 2(J) (2) RTI act and oblige.
12. I am bringing this to the notice of PIO officers to enable them to direct every officer to comply with RTI act in spirit and in case they fail to act in accordance with law, the citizens shall be compelled to take appropriate action against the erring officers.
13. I repeat, I have no intentions to cause hurt to any PIO of MBMC officer, but we should not be compelled either.
14. I once again request to issue direction and circular to abide with the above compliance amongst other RTI provision in the RTI Act.

Kindly consider this complaint with the seriousness it deserves.

We would be grateful if you would inform us of the action taken on the above complaint.

Jaihind,

Brijesh Sharma

Enclosed: — RTI & PIO Reply

Exhibit-01