SHOULD THE JURISDICTION OF PUBLIC INTEREST LITIGATION (PIL) BE RECONSIDERED?

Public interest litigation (PIL) emerged as a transformative judicial innovation aimed at widening access to justice for the poor people and the marginalised . This was achieved by relaxing the strict rules of standing to permit representative actions, and by broadening the scope of judicial notice to allow courts to take suo motu cognisance of the public issues and convert them into litigations , however concerns have been raised, about the misuse of this jurisdiction, more over now union Government has urged the Supreme Court to reconsider the PIL framwork altogether, citing the rise of agenda driven litigation, as such now there is a question that should the PIL jurisdiction be reconsidered ?  and now the question of conversation must be discussed for the evolution of PIL. :-- Er Fateh chand Guleria, Director RTI welfare Association registered number HPCD, 3552 , Bilaspur Himachal pradesh phone number, 9459334377

FIDUCIARY EXEMPTION CANNOT DENY AN EMPLOYEE ACCESS TO INFORMATION CONCERNING HIMSELF-- DELHI HIGH COURT DECISION TOO ADOPTED BY CHIEF INFORMATION COMMISSIONER PUNJAB.

Since empowerment of the Right to Information Act, 2005 to date at this juncture, it is necessary to clear some misconceptions about the RTI Act, as the Act provides access to the all informations that is available and existing. This is clear from a combined reading of Section 3 and the definitions of information and right to information under clause (f) and (j) of the section 2of the Act. If a public authority has any information in the form of data, or an analyzed data, or abstracts or statistics, an Applicant may access such information, subject to the exemption in section 8 of the Act, But where the information sought is not a part of the record of a public authority, and where such information is not required to be maintained under any law or the rules or regulations of public authority, the act does not cast an obligation upon the public authority, to collect or collate such non available information and then furnish it to an appellant. A public authority is also not required to furnish information which require drawing of inference and/or making of assumptions. It is also not required to provide advice or opinion to an Applicant, nor require to obtain and furnish any opinion or advice to an Applicant. The reference to opinion or advice in the. definition of information in Section 2(f) of the Act,, only referes to such material available in the records of the public authority. Many public authorities have, as a public relation exercise, provide advice, guidance and opinion to the citizens. But that is purely voluntarily and should not be confused with any obligation under the RTI Act. It is particularly mentioned here that said guidelines issued by the DoP&T memo number 1/18/2011-IR dated 16-9-2011 however now it has been decided by the Punjab State information Commission that fiduciary exemptions under the RTI act cannot casually invoked to block routine administrative information and the Chief Information Commissioner Shri Inderpal Singh passed the order on an Appeal over withheld appointment order under PCS Register A-2. Applicant sought copies of PPSC recommendations, legal advice, file inspection and the action taken on his representations . The Commission directed disclosure of records and file inspection within 30 days and cited Delhi High Court ruling in State Bank of India vs Mohd Shahjahan, saying fiduciary exemption cannot deny an employee access to information concerning himself:-- Er Fateh chand Guleria, Director RTI welfare Association registered number HPCD, 3552 , Bilaspur Himachal pradesh phone number, 9459334377

CHAMBA ZONE OF RTI WELFARE GROUP ARE REQUIRED TO RECONCILE THEIR COMPLAINTS AND VIGILANCE CASES, ENSURING COMPLIANCE UNDER LAW CODE MANUAL AND FOLLOW EXAMINATION OF EXPLANATION WITH PROOF.

RTI Activists working for the transparency and accountability in the Chamba zone of welfare Association , while taking preventive action by way of plugging loopholes for corruption in various departments like Rural development and panchayati raj etc etc ensuring that all complaints filed by the whistle blowers relating to the corruption in various departments are looked by an appropriate agency are following the compliance with the directives issued by the Government and facing the enquiries before the vigilance departments making representations before the Vigilance department and the respective Deputy Commissioners to deal with the complaints under law code manual prefixed by the code for consideration in this behalf however these complaints are pending before the vigilance department and the government for taking disciplinary proceedings against the defaulters and no conclusion is made list by way and virtue of which representations before the District levels officers and the department concerned are assumed as pending cases for the final decision making and it is becoming necessary to obtain the quarterly and half yearly statistical return of all such complaints and the vigilance cases for which necessary correspondence has been made by the RTI welfare Association registered number HPCD, 3552 to intimate the monthly statement of such cases, so that necessary decision may be taken by the government in this behalf or FIR may be registered under the provision made if it is found necessary by the vigilance department. The matter has been telephonically discussed with the officer on duty at district level, and it is intimated by the supervisory officers of the department regarding to follow examination of pending complaints lying with the police department and the Deputy Commissioner office and reconcile matter as pending for the further action under law code manual, so that six monthly progress report on all such cases may be obtained from the field officers, working for the completion of investigation into the matter and dealing with the complaints. As such Chamba zone representatives of the welfare Association have been conveyed with the decision of this provisional conclusion in regard to fiduciary disclosure of the related information pending before the all concerned and over due for the disposal of cases under law :-- Er Fateh chand Guleria, Director RTI welfare Association registered number HPCD, 3552 , Bilaspur Himachal pradesh phone number, 9459334377

GOVERNMENT TAKING NO COGNISANCE OF THE SUB -SECTION (3) OF SECTION 12 OF THE RIGHT TO INFORMATION ACT, 2005 AND PEOPLE FACING DELAY AND DERELICTION OF DUTY, EVEN RTI ACT DESIGNED FOR THE TIME SPECIFIC SCHEDULE UNDER LAW

In the present circumstances of the defunct status and position of the State Information Commission in state of Himachal pradesh people are definitely facing problems because of required correction in their access to information decision making and the lack of accountability as well as the reputational loss of all working people taking benefits of the Right to information Act, 2005 and the RTS, involved in their work and duty related to the fiduciary disclosure of information, even the need to strengthen these processes is of the utmost importance for redressal of the grievances, however there is no designated SIC and SCIC in the office of the SIC and it is becoming difficult to protect the ongoing struggle with the system for service under law code manual prefixed by the Constitution of India in this behalf, where it is necessary to follow First Appeal and the Second Appeal before approaching the Court of law for their decision making process and the government taking no cognisance of the sub section (3) of section 12 of the Right to Information Act, 2005 , which is against the natural justice , where it is necessary to maintain the natural justice and fair trial but how it may be protected under these conditions and circumstances of the work and conduct maintained by the system for service in the SIC? :-- Er Fateh chand Guleria, Director RTI welfare Association registered number HPCD, 3552 , Bilaspur Himachal pradesh phone number, 9459334377

RTI (TASK FORCE) MAY PROVIDE VISIONARY LEADERSHIP FOR THE FUTURE SUCCESS OF DEMOCRACY SHAPING AND SERVING A VIBRANT PLATFORM FOR DIALOGUE AND RECOGNITION, APPEARING BEFORE THE ADMINISTRATION AND WORKING FOR ADMINISTRATIVE REFORMS ORGANIZATION

The mixed culture of our democracy and polity working to arrive at the analysis of excellent performer  and contributors for the welfare of society and circle, working for the transparent and accountability in the system of service under law code manual prefixed by the Constitution of India in this behalf is only the methodology required for arriving at the good results, which makes the leadership identity deserving for the leading comprehensive more accountable in the specified time period of their representation on behalf of the public and also for the welfare of public taking benefits of the efficient operations of the government working, optimum use of limited fiscal resources and the preservation of confidentiality, list by way and virtue of which it is necessary for the leadership quality of a manpower to have full knowledge and skill of the Right to Information Act, 2005 and the charter of public accountability too working for the welfare of people of society and circle and taking cognisance of the informed citizenry as well as transparency of information which are vital to its functioning and also to contain corruption and to hold governments and their instrumentalities accountable to the governed. In the system of our democracy the social service and the duty of strengthening compliance under procedure for the information related to fiduciary disclosure of our work and conduct based on the report of the task force, one may built his score for the better entity in comparison to the others in the field of choice for the selection before public. It is therefore necessary for the public to select and elect honest manpower for the representation of the Panchayati raj elections and also for the urban Development programme of the state government. The training modules required for the administrative reforms organisation under cooperation and coordination, as responsible for addressing public grievances is becoming a need of the time where it could not be ignored by the representatives of our society and circle, if to move forward on this path of the retention and supervision for the appropriate information technology infrastructure suitably designed, developed and operationalized for the implementation, as the today's leaders are shaping the tomorrow's future welfare of the public and committed to have good governance and accountability where RTI activists and volunteers may prove better placed across the dynamic forum for the thought leadership for the people by the people and to the people and doing for the people:-- Er Fateh chand Guleria, Director RTI welfare Association registered number HPCD 3552 , Bilaspur Himachal pradesh phone number, 9459334377

PARLIAMENTARY DEMOCRACY MUST OBSERVE THE COMPLETE CIRCLE OF ANNUAL REPORT OF CIC AND SHOULD PROVIDE JUSTICE TO THE DEMOCRACY FOR THE PEOPLE BY THE PEOPLE AND TO THE PEOPLE INSTEAD OF IGNORANCE OF LAW AND ACT, PROVIDING EMPOWERMENT THROUGH THE DECISION-MAKING UNDER LAW PROCESSING BEFORE THE FAA AND SIC OR CIC, AS THE CASE MAY BE

The Committee on Subordinate Legislation scrutinises and reports to the House whether the powers to make regulations, rules, sub -rules, bye -laws etc conferred by the constitutional or delegated by any lawful authority are being properly exercised within such delegation. This Committee in particular considers whether the delegated legislation is in accordance with the general objects of the. Constitution of the Act in pursuant to which it is made ; whether it contains matter which in the opinion of the Committee should more approximately be dealt within an Act of legislature;whether it imposes any tax ; whether it directly or indirectly bars the jurisdiction of the Courts; etc etc. Keeping in view the above empowerment of the Committee on subordinate legislation the information Commissions, after the end of each year, are required to prepare the reports on the implementation of the provisions of the Act during that year. Each Ministry or Department is required, in relation to the public authorities within its jurisdiction, to collect and provide information to the concerned information Commission for preparation of the report. The report of the Commission, inter alia, contains following information in respect of the year to which the report relates-- (1) the number of requests made to each public authority (2) the number of decisions where applicants were not entitled to access to the documents pursuant to the requests, the provisions of the Act under which these decisions were made and the number of times such provisions were invoked. (3) particulars of any disciplinary action taken against any officer in respect of the administration of the Act (4) the amount of charges collected by each public authority under the Act, and (5) any facts which indicate an effort by the public authorities to administer and implement the spirit and intention of the Act. It is particularly mentioned here that the documentary evidences related to the fiduciary disclosure of the benefits of the common man kept pending and without observation required for the use under powers to make regulations conferred by the Constitution or delegated by the lawful authority and people are suffering without required information under the provision for which the administration and the Ministry must take appropriate action in the interest of justice to common man failing which it is not possible to get justice from the administration for which Courts and Commissions are also doing needful but facing delay and wrong interpretation of law code manual at the government corridor for which RTI activists and volunteers are also making efforts to have justice from the Administration and the Ministry concerned but taking no cognisance of the law code manual prefixed by the Constitution of India in this behalf for which our parliamentary democracy is ultimately responsible to follow action. :-- Er Fateh chand Guleria, Director RTI welfare Association registered number HPCD, 3552 , Bilaspur Himachal pradesh phone number 9459334377

STATE GOVERNMENT OF HIMACHAL PRADESH REQUESTED TO FOLLOW SUB -SECTION (3)OF SECTION 12 AND ISSUE NECESSARY APPOINTMENTS OF THE SIC AND SCIC IN THE INTEREST OF JUSTICE TO CITIZENS OF THE STATE

It is a matter of fact and concern to be taken into consideration by the Head of Department under section 19 (6) of the RTI act, 2005 where in the public information officer office of the Superintending Engineer 10 th circle HPPWD Bilaspur failed to supply free of cost information to appellant issued by FAA vide number 12/2023 dated 30-1-2024 and related to the office compliance demanded by Administrative reform memo dated 4-10-2023 and particularly related to point number 1,3,4&5 of the letter number issued vide FAA under order vide Number 12/2023 dated 30-1-2024 list by way and virtue of which no reply issued to appellant and the reply given by FAA cum S.E 10th circle Bilaspur taking it under the purview of Section 7 of the RTI act, 2005 vide his letter number

10713-17dated 18-10-2025 , even though said section doesn't pertains to the Complaints of Appellant referred by the Department of AR Government of Himachal pradesh Shimla more over there is no reason to deny information when free of cost delivery issued by FAA and if the Department of AR considered a third party in the captioned subject matter deliberation required to be decided by department of HPPWD the Letters referred to the Department of AR has been again and again replied by the Secretary of AR Department and there is no reason to pend the case file of department of the Administrative reforms which is pending since 4-10-2023 before the PIO cum EO-10 th circle HPPWD Bilaspur, failed to supply free of cost information in favor of appellant since 10-2-2024 but the HOD taking no cognisance of the referred correspondence made by Secretary (PWD) with reminders and reminders even clear vision of the pay Commission report issued on 3-1-2022 is proof and evidence on the record of all concerned but taking no compliance under section 19(6) of the RTI act, 2005 and enforcing delay and denial of information since order in apoeal number 12/2023 dated 30-1-2024 because there is no SIC in the State Information Commission and the office is in defunct position and status of the decision making, list by way and virtue of which general public facing problems but state Government failed to take compliance under sub section (3) of section 12 of the RTI act, 2005 and the Complaints and Appeals are lying pending in the office where the office of the Department of AR taking cognisance of the section 19(6) of the RTI act, 2005 and making further correspondence with the administration and the Heads of the Department and the Secretary of the Departments in the interest of justice to access information and also to minimize the burden of the pending RTI applications:-- Er Fateh chand Guleria, Director RTI welfare Association registered number HPCD, 3552 , Bilaspur Himachal pradesh phone number, 9459334377