Duties and powers of CIC and SIC related to decisions of complaints and appeals

The duty prescribed with  provisos  to the RTI  Act has stated to receive  and enquire into the complaint submitted  by  the appellant in case refused access to any information requested  under the act or has not  been respond with in the time limit specified under this  act and if unreasonable  amount  of  fee has been  required to pay  and also in the case of incomplete  as well as incorrect and the misleading  or false information  has been provided tothe appellant under this act and any other matter relating to requests or obtaining access to  records under the act may be enquired by the CIC or SIC with  the powers as are vested in a civil court trying for a suit under the   Code of Civil Procedure  1908 but it is general complaint  of the RTI delegates  that no official  or officer is compelled to give written evidence and statement  on the affidavit to explain  the  reasoning  of the  standing  complaint and  complete orders are avoided as part directions  are issued  to the departmental  officials or officers which is objectionable  under the act ibid more over the CIC or SIC has the powers to require the public authority to take  any such  steps as found necessary  to secure compliance  with the  provisions made to give notice  of its decision  including  any right of appeal to the complainant as well as the public authority however no action  has been taken in cases of malafide denial specified under sub section (1)of section 7 or knowingly  given incorrect incomplete  or misleading  or the destroyed  information  which  was the subject of the request or as obstructed in any manner in furnishing the information  it shall recommend  for disciplinary  action against  the CPIO or the SPIO under the service  rules applicable to him however  nothing concrete  has been  done so for in such  concrees.

Regarding improvement and extra widening to the Ghumarwin Talai Badsar Road

Design  of structure  is essential  and by way and virtue  of which  the road works  are also designed  in the field  of  consideration  design  of sight distance as well as horizontal  and the  vertical  curves failing  which  it would  create  problems  for smooth  driving  of the vehicles  and may help to accident  more over ruling  gradients  are very  necessary  in the hilly ares In accordingly an application  was furnished  with  the  HP  government Shimla department of the  PWD regarding  to consider  the case of improvement  and  widening  to the Ghumarwin Talai Badsar road  and for which  a personal  hearing  was also arranged with  the special  secretary  PWD madam Priyanka Basu and detailed report  as furnished  by office  and authority  further  referred to the Chief Engineer HPPWD Hamirpur  for preparing  of the estimates  and improve  the portions where it is essentially  required In this  connection  further it is submitted  that portion from village  Kathuin to  Daslehra is narow and improvement  of cuves as well as sight distance  and grade revamping  at the  accute narrow escape urgently  required  and for which  an application  along  with reply  of the RTI  issued and respond by the NHAI vide number 11011/21/2015/RTI/PIU-SML/1570 dated 20-09-18 has been furnished   with the endorsement  to Superintending Engineer 10th circle HPPWD Bilaspur  on 07-06-2019 so that pending works of Ghumarwin  division  may be started again  as such the NHAI has refused  the status of NH to this MDR till date of now so necessary  repairs  as well as improvement  of the existing  curves is executed by the PWD authorities and for which  compliance  report if delayed  would  be  the  sole  responsibility  of  the department  as such the above  matter  is also under process  and consideration  with  the  honourable  high court of HP Shimla and will be heard on 25-06-2019 where in queries  raised  are replied  by the NHAI.

Regarding completion work to approach road to Mata Khabri Devi temple Tehsil Jhandutta Distt Bilaspur

An application for completion of the M/T works for approach to Mata Khabri Devi temple PO Gandhir Tehsil Jhandutta Distt Bilaspur was in person brought to the kind notico of the Deputy Commissioner  Bilaspur on 06-11-2018 where in the query of previous sanctions as well as status  of road was raised by the Deputy Commissioner with comments that whether road is through or not and case file was referred to the DPO Bilaspur as application was under process with the office since gmail  No Dr cdg1986@gmail. com>memo dated 14-10-2018 and the said issue was also brought to the kind notice of honourable MLA Jhandutta and the Executive Engineer HPPWD Ghumarwin for completion of the incomplete  tarring work As such the estimate has been technically sanctioned with the confirmation issued and respond vide number pwd/ghd/cb/wa/repair/2018- 9817-21 dated 31-08-2018 and was brought to the kind notice of the Deputy Commissioner Bilaspur for accord of further sanctions and release of the necessary funds So in accordingly the Distt Planning Officer issued confirmation to the Deputy Commissioner Bilaspur vide number SDP-Shelf--27--Jhandutta--44821 dated 11-10-18 that the said work has been included for the financial year 2018-19 at shelf number 27 In accordingly applicant was also informed by the Distt Planning officer Bilaspur vide number SDP--Shelf-27--47903 dated 30 -10-2018 that said work has been sanctioned and would be completed during the financial year 2018--19 In view of the above confirmations now the deposit work will be completed by the Executive Engineer HPPWD Ghumarwin as soon as funds would be released for which necessary representation as well as reminder has been issued to the worthy Deputy Commissioner Bilaspur on 12-06-19 and 20-06-19 for taking further necessary action in the matter please so that demand under public utility may be furnished and benefits of approach  road to Mata Khabri Devi temple may be enjoyed by the visitors in the full length of its  wearing and soling laid and for which sum of Rs116340 has been demanded by the Executive Engineer HPPWD Ghumarwin

Scheduled programmes for RTI Training and workshop

Dear friends as per the charter of programme regarding work shop and training of the RTI processing as well as query appeals and disclosure of its explanation under section 1to20 guidance is required to be taught the new era in field of programme regarding work shop and training of the new chapter decided as by the executive meet  held for the improvement of its scheduled working So in accordingly all the functional groups of RTI federation are requested to arrange one program with in a period of month under intimation to the federal house with the verified attendance of programmers as  well as the trainers gathered at the place of work shop arranged with the help of NAC or panchayat where some other NGO is keen for this duty we may take essential involvement of that organization by encouraging and making the efforts valuable on this occasion of the opportunity to take stock of our efforts in making the programming fruitful as well as the well conversant As such the response of the present action is required to be made more proactive in popularizing the use of RTI act by way of holding work shops as well as the seminars at block and panchayat levels and with the help of government field agencies Further more the results of this act of empowerment to the citizens of the country as assessed till date have been found very encouraging  so it is necessary to get involved in this activity of the social good but still it is a challenge before the RTI organizations to provide required assistance to the new era of guidelines as well as awareness demanded as by this situation of the functioning of government transparent by way of making efforts  on and also to remove corruption in the corridor of power. 

Construction of school buildings and stadium in GSS school Gandhir Distt Bilaspur


Two number school buildings were dismentalled in lieu of the improvement of play ground and while the Deputy Director of higher education asked for new construction the office and authority assured that new buildings would be constructed along with stadium and for which number of e samadhan applications furnished with the higher authority for taking the work in hand Accordingly the Director higher education referred Application number HEDU/201824 dated  22-01-2018 to the Deputy Director Bilaspur for completing all codal formalities of estimates as well as the related documents and revenue papers and also to send the case file for further approval in the DEHP Shimla so that necessary budget may be arranged In this connection further it is submitted that letter nimber EDN- BLS--Estimate- 1/2017-18- 10772--74 dated 29-03-2018 had been processed for necessary completion of the codal formalities however instead of dismentalled two buildings only one number building has been constructed and no Stadium  work has been taken in hand even number of requests and reminders which is highly objectionable as such one number old H type and one number two rooms with verandah buildings had been dismentalled more over it is primary duty of the department to
complete plinth area as it was dismentalled for the preparation of ground as such the basic necessity of labortary for science practical research as well as craft room and the PET store has become basic necessity of the school for which higher authority must compensate the Govt Senior secondary school Gandhir as a special case being responsible to order the dismentalling of two number building failing which entire responsibility of I'll will as well as non compliance would  be the sole excuse of the determined officials or the officers whom had ordered for dismentalling of the two number existing buildings even in the working condition.

Creation of RTI Organization and guides for the workshop training

The minutes of meeting highlighted on the issue of strengthening the RTI organization at state level is praised and discussion regarding appointment of guide for resolving problems of the new era to group society as well as the working federation is also praised in the interest of beneficiaries those whom are interested  to work for the groups as well as in the capacity of individual may be trained hence both the issues may be finalised by appointing suitable persons in the respective area As shri Ramol Ji heading the RTI federation Paonta since the very long and being senior most functionary of this society and status of birth if we may continue would also be a better decision in favour of the RTI organization As regards the creation of RTI groups it is clear that Solan Bilaspur as well as Chamba are very much functional and the federation of RTI Paonta Sahib too well placed on the birth of a good record however symbol of every zone must be represented is yet a challange before the existing house of RTI workers demanding transparency in the administration as well as the corruption free democracy in the country

NGO working for completion of incomplete works

A RTI application was furnished with PIO cum Executive Engineer HPPWD Ghumarwin during financial year 1913 with the plea that why soling and wearing coat has not been provided to link road joining village Kathuin and Balhsina when it is existing since very very long even a 20 feet RCC slab simply supported too existing on the said road having 850 meters in length  and formation work of road was completed The PIO in reply to RTI informed that said road has not been constructed by the department of HPPWD In fact said road was short cut to the major bridge over Dug khud existing in the Barsar division and was constructed via harijan basti Lehri under SC component  Since I was not satisfied with the information supplied so applicant filed an Appeal before the FAA cum Superintending Engineer HPPWD Bilaspur with the plea to verify facts on the records and issue necessary directions to the EE Ghumarwin for completion of its soling and wearing works as per the guidelines by code and specifications where in it is clearly mentioned not to open any road for traffic till its essential cross drainage works and soling and wearing coats are not accomplished by the department  In accordingly the entire record was verified by the FAA and too by the PIO cum EE concerned while on the hearing and after satisfaction of the field details ordered to submit the revised estimate of the left out works immediately and complete the MT so that said village road may also become an all weather road  Obviously the FAA verified the record and details of field works existing at the site of work only when a RTI appeal was processed and argued before the forum of enquiring authority even though information supplied by the PIO  was an incorrect as well as a misleading one and the decision and order of FAA adjudged the entire course of proceedings and completed the demand under public utility processed for the correction with complaint that information is wrong and required to be rectified at your end please As such now the remaining works have been done and the link road has been made fit for traffic which is an achievement of the RTI act-2005 and processed under the law and codes by the FAA in the interest  of completion of an incomplete work  instead of misleading the public plateform

Power and functions related to code of civil procedure 1908 and decision in Appeals and penalties by the CIC and SIC

In fact application under RTI act -2005 is continuously empowering citizens of the country to take use and exercise of this fundamental right for the interest of individual society as well as circle but it is regretted to point the delay in decision of cases at the levels of PIO and FAA as well as the SIC and CIC even thought time limits are prescribed  for considerations of the held proceedings but these are generally ignored at the every level of review and revision by decisive authority which is highly objectionable matter of suspect to be enquired by who and when as such and more over it has  become general tendency of the departmental authorities not to exercise its powers and function delivered under section 18 to 20 even though an enquiry may be initiated on the reasonable grounds  of unnecessary delay misleading  the applicants releasing incorrect and incomplete information and access to information with in the time limit specified more so while taking cognisance of wrong interpretation  of provision  made regarding the enquiring into the cases processed by the lower forum of enquiry the act delivers the same powers as are vested in a civil court and trying a suit under the code of civil Procedure-1908 and during the course of enquiries of any complaint  the CIC or the SIC may examine any record to which this Act applies and which is  under the control of public authority and no such record may be with held from it on any grounds however it is regretted to point the action at the levels of SIC and CIC which is clear cut injustice with the Appellant for which separate complaint cell at higher level of the government is necessary or the SIC and CIC may follow revision of such cases processed under the code of Civil Procedure- 1908 failing which there is no implementation of the powers empowered as to function the cases in Appeal as well as penalties and how transparency in administration could be assured and granted when appeals are partly decided  and provision of the code of Civil Procedure -1908 remained silent on the issue and matter  even penalties and power to give notice of its decision including any right of Appeal to the complainant and the public authority  has too been prescribed with the procedure under the Act ibid

Survey work of Bhanupalli Bilaspur Beri Rail line is complete and tracking arrangement started by the board of railway

A RTI application has been registered with number NRAIL -R -2017-50409 and number RVNLT-A-2017-60007dated 3-8-17 however no reply was made by the northern railway even number of requests and reminders by way and virtue said complaint was registered with the CIC for non compliance on 21- 02 -2018 but same was returned back by the CIC authority with observations on 19-3-2018 to again take up the issues with northern railway however when no response was given by the CPlO and FAA matter again referred to the CIC and Appeal of appellant was then registered vide their diary number 129820 dated 10-05-2018 with file number CIC-N -RAIL-116929/2018 dated 19-03-2018 Further it is submitted in the matter that appellant tried his level best to ask for the information related to the preliminary survey work of Bhanupalli Bilaspur Beri railway line and physical progress of the work done along with other details of the RTI filed  As such applicant was told on the phone on 31 -05-2018 that in the above case file the information is not ready yet as the details of survey work is continued and it will take a year to issue the delivery of RTI While again asked on telephone the CIC authority told appellant that it will take three months to issue necessary information however I have come to know from Dainik Punjab Kesari dated12- 06 -2019 that the survey work has been completed  and land acquisition of the forest land yet to be completed in remaining 20 KM length even though twenty KM sanctioned with the approval and the tender work of bridges and tunnels in progress The said  confirmation has been made by the Chief project manager railway development board in presence of the Chief Secretary  government of HP Shimla on 10- 06- 2019 however appellant has yet no authentic RTI information from the CPIO even this much cross and pass of dialogue since submission of the RTI application before the NRAIL and appeals before the honourable CIC from where a video call was also managed  by the CIC authority to discuss the information related questions and  be satisfy but applicant requested to supply the written statement and speaking order of the pending Appeals

Why design of structure is essential

Design of structure is basic necessitated necessity of the code and specification by way and virtue of which inspection of site of work is contoured and planned for physical verification of design data collected from the site of work as per the instructions narrated by IS codes and required by the design engineers responsible for structure s design shape and evaluation calculated on the basis of theoretical assumptions and assessed as per the fundamental of load per unit area required to be  assumed for every component of the structure to be designed and shaped with strength of material  for which classification of soil is required to be tested at the site of work and in the design calculations major considerations are given to strength of soil reported by the Research and laboratory methodologies and if lesser is the strength of soil reported higher would be the values considered for assumptions of the design data expedited for structure on the records Further it is submitted in the matter that a factor of safety is also considered in every type of construction and moments so that it may not failure Obviously it is very clear from the theory of structures that design aspects should not be ignored  by the constructive agencies particularly in hilly areas where geographical  surfacing as well as classification of soil  differs at every step up of the coverage to be structured one with monolithic behavior of the strength of material

Save forests from the fire

We can save our forests if dry material removed from the jungles and in the area of chil forests if chalaru is collected then it could be converted into the solid state of charcoal by processing it through  the portable machines recently designed and manufactured by the Rurkee University for which a RTI has been submitted  to the PIO cum DFO Bilaspur on 7-5-2019 for necessary collection of the data as well as portable machines so that we may also follow the same pattern as Utteranchal government has adopted for fire safety of its forests however my RTI application  has yet no follow up by the forest department even though I had attended office of the DFO Bilaspur in person on7-6-2019 more over said RTI has been filed second time by the applicant as in the earlier RTI appellant  had been dismissed by the SIC while unable to attend the hearing and request of appellant was also not heard by the honourable SIC to open the case file again in the interest of demand under public utility however appellant could not approach High Court for which appellant have again processed said RTI with the PIO cum DFO Bilaspur on 7-5-2019 on the pattern of Utteranchal government and if the state government of HP will decide to purchase portable machines from the Rurkee University in the interest of fire safety measures of local forests of rural areas it would definitely benefit employment to people of that area and charcoal will be used for purpose of fuels in cooking etc more so  if jungles are cleared by removing dry material like chalaru etc neatly there is no reason of any danger that fire may take enfluenced in that area and wild animals aswell as birds may also be saved from fire enfluence   As such instances of fire burning is only a cause of dry leaves and material which at once catches the fire and becoming the reason of major forest losses by way and virtue of which forests are reducing day by day  In accordingly the department of forest should take cognisance of fire safety measure and should calculate area covered by the forests and quantity of abstracted dry leaves or chalaru and proposal of either instalation of plant or portable machines should be researched as per the data calculation observed or advise if any may be obtained from the scientists of Rurkee University in the interest of demand under public utility and also to save the forests from fire burning

Demand to create complaint cells or review of cases by SIC

Hi Friends it is a matter of pleasure that our RTI activists are playing a vital role and duty in question to query of wrong assessment and denial to the rectification by public authorities even though betterment of any work could not denied by any officer or authority how ever still no action against such verification is a matter of sore grave concern As such and more over on the one hand it is stated that RTI is a tool for removal of corruption and bring transparency in the administration and on the other hand no action have been suggested by the FAA as well as by the SIC under section -20 of act ibid is proof by way and virtue of which complaints appeared before the  higher authority of the government are also kept pending which is highly objectionable matter of suspect to be enquired by who and when as no complaint cells have been created by the department or the government for redressal of grievances and under these circumstances there is no alternative except to approach the High Court authority in such miscellaneous  cases or the misunderstanding where appellant has to pay more cost and expensive considerations for petty purposes of the wrong RTI conclusion as such SIC has also refused to review such cases even processed with the departmental proceedings by the FAA is proof and evidence on record

Why rates of cement are higher in HP in comparison to the other states

HPGovt must take matter with GOI and settle the issue of wrong assessment of rates of various company in the light of consideration that cement is produced with the help of HPGovt by the said companies however government has totally failed to safeguard the interest of Himachal people even brought to the notice of Industry minister and the CM for reexamine the matter and settle the issue immediately but nothing has been done so for in issue and matter even though rates in HP are very very high Government must initiate move for reduction in the rates of cement with prescribed companies and should afix the rates not more than the rates of adjoining States failing which issue and matter should be brought to the notice of High Court authority and for which state public organization front is responsible if any existing in the field of work related to the public welfare as such both ruling as well as opposition has totally failed to remove the enforced disparity of rates of the cement charged as from the  Himachal public in comparison to the rates allowed for other states by the said companies even though reluctantion.

Vision RTI success in completion to the bus stand Ghumarwin

A RTI application was furnished before the PIO office of DM  HRTC Hamirpur which was related to providing cover over stairs not arranged for office cum passengers rest room at Ghumarwin district Bilaspur HP As such  matter referred to Dy DM Bilaspur from Hamirpur vide number 7289dated 3-2-2017and application under E samadhan also furnished to GM hrtc Shimla vide number TPT 2017 16dated 12-02-2017 to arrange for the mumty so that rain water may not enter in to the premises of verandah in ground floor In reply to applicant PIO cum DyDM Bilaspur informed that said bus stand has been inaugurated since 14-2-1988 by the honourable CM and matter regarding construction of cover over stairs opening taken in hand vide letter number dated 17 -02-2016  Applicant personally visited office of DM Hamirpur  to arrange for the sanctions of pending works twice and there after DyDM informed  applicant vide number 7965dated 15-3-17 and number 495 dated 21-3-17 that necessary estimate has been prepared and processed to Sr  Executive Engineer for further necessary action in the matter Accordingly sanction was furnished by the Chief Executive officer HP BSMDA Tutikandi Shimla however DM  HRTC  Hamirpur filed complaint against applicant with SHO Ghumarwin that applicant is unnecessary blaming and charging my duty and conduct and behaving in the misbehavior tone for which applicant was called by the SHO Ghumarwin on 18-05-2017 to explain the position and record statement and verification of the facts finding details no FIR was registered Further it is submitted in the matter that immediately the HRTC authorities started the pending works and constructed mumty with cover along with additional accommodation for rest room which was a necessitated necessity of that complex and demand under public utility has been accepted and the incomplete works completed after completing all codal formality is a success of RTI vision too reported by the HP police in this regards is matter of pleasure and cooperation to the RTI activist.