Take advantage of RTI plea under the act: June 2021

PEOPLE ARE NOT AWARE ABOUT THE FUNDAMENTAL RIGHTS GOVERNED BY THE RTI ACT ADJUDICATION

The democracy in India is clear response of the empowerment delivered by the constitution in a deserving applause or a serious intellectual proposition required to be represented in a position right from the voting to elect the majority from panchayat level to parliament including the empowerment of the RTI act publications assigned to the citizens of this country since 2005 however very less people are using and exercising the RTI act adjudication for which people may approach the FAA and SIC or CIC in case of any delay and dereliction of duty at the level of the public authorities .It is necessary to protect the fundamental rights of the Citizens for which the government is responsible to arrange for the workshop and training techniques as required to guide the new era entrants joining the RTI act publications failing which there is no logic to defend the system of too much democracy as in the real sense people are not aware of the rights and empowered so delivered by the government to demand good governance and accountability in the present scenario of the too little observation of the democracy by way and virtue of which the corruption from the system of Admininistration could not be controlled by the study made and created for the agenda of discussion and meetings required to be maintained by the study of protocol mentioned in the RTI act publications however democracy, theirs and ours is functional in the country even RTI act publications rendered by the government is discharging full profile Empowerment to the Citizens of country but it is regretted to point the awareness among the common man demanding free and fair justice from the system of governance

VIGILANCE DEPARTMENT MUST ENQUIRE THE INDIVIDUAL COMPLAINTS WITH CONFIRMATION BY COMPLAINANT AND REPORT TO THE ADMN DEPT

The Vigilance department is required to be consulted by the Administrative Departments regarding vigilance case / Complaint for which all Complaints/ Audit inspections / Departmental inspections , containing allegations of the corruption's , embezzlement or improper motive against the officials received by the Administrative Departments are required to be forwarded to the Vigilance department for advice.The vigilance department after examination of the case decides whether to entrust the Complaint/ audit inspection/ Departmental inspections to the anti corruption unit or to the Department concerned for a facts finding enquiry.All anonymous Complaints are required normally to be filed by the department

The allegations contained in the Complaints that can prima facie be verified by the enquiry from the signatory of the said Complaint whether it has actually been sent by him .The Vigilance department after examining the enquiry report advises the Administrative Department as to the further course of action to be taken

PRIVATISATION IN THE DEVELOPMENT PLANS AND REQUIRED REVIEW OF THE PAST PER FORMANCE

The policy of privatisation has been continuously working on the captioned subject matter deliberation noticed by the study of impact assessment realised by the Citizens of country however there is success or failure is a matter of verification by the government.On the one hand the government of India and the state governments are working on the privatisation Assets for monetization from stations to telecom towers , pipe lines to roads as well as the airports on the other hand there is no verification of the past relevance connected to the exercise and potential in the factor of assessment realised by the government in this behalf for which the Ministry of coal ,mines ,tourism , housing as well as the Urban affairs already working on this mode of the quantitative aspects and prospects and demanding economic growth from the system of privatisation in the future development plans however there is no social audit and verification of the previous gain and losses as required under the provision made and created for the sale of assets through OMDA agreement for which the Ministry of shipping ports and waterways has also started identification plan over the thirty births and monetization through the PPP mode for which disinvestment targets are fixed by the eight Ministries

PEOPLE MUST FOLLOW LAW CODE MANUAL OF RTI ACT ADJUDICATION FOR USE AND EXERCISE OF THE EMPOWERMENT

RTI welfare associations are are working for the welfare of society and circle and watching the interests of democracy in the interest of justice and transparency in the administration as facing problems due to corruption however people are not taking interest in the promotion of RTI act publications even though RTI has been empowered to initiate the process of legal remedies up to the level of State information commission and the Central information commission by way and virtue of which the Applicants may process their rights and privileges up to the SIC and through the way out by FAA but it is regretted to point that the people are reluctant to follow the law code manual of the RTI act publications list by way and virtue of which public authorities have also started ignorance of law and code for charter of public accountability even though the RTI act publications are very clear on the captioned subject matter deliberation noticed by the study of protocol mentioned in the description of the act for empowerment delivered to the common man demanding free and fair justice from the system of governance.As such it is necessary to protect the fundamental rights of the common man and initiate the process of awareness drive for workshop training and techniques of the new era entrants interested to join the webinar and seminars arranged by the various groups and organisations of the RTI act publications .The people of country must join hands with the RTI act publications as said act has been particularly issued for the good governance and accountability failing which the benefits of the RTI act publications would be automatically deleted and delayed as the public authorities are taking no cognizance of the issued guidelines and Applicants are facing problems as such due to unusual practice and behaviour of the Public authorities

COMPLAINTS FURNISHED UNDER RTI ACT ADJUDICATION MUST BE CONSIDERED BY THE VIGILANCE DISCIPLINE

RTI is a fundamental right of the all citizens of the country however it's applications are exercised by the few activists for which the recorded documentary evidences are noticed at the levels of the FAA and the SIC as well as the CIC So it is necessary to take cognizance of the performance delivered by the applicants or activists for which the report may be brought to the notice of the department of the public reforms so that the class of the RTI activists may be facilitated by the government through the informatory deliberation of RTI workshop and the other training as well as the awareness drive of the public programs so that transparency in the administration may be brought and the corruption of the society may be controlled by the government by taking the vigilance review of the such cases

SIC MUST FOLLOW COMPLAINTS FURNISHED UNDER SECTION 18 TO 20 OF THE RTI ACT ADJUDICATION

One must live in the present,mind set tries to excavate informations either from the past or offer delusions about the future.It may bring unawareness in the mind set of human being if one is not experience hand in the observation pointed out for the required documents demanded under the provision of RTI act publications As such informations asked by the study of protocol mentioned in the vision of future must have appropriate design and scope of the state for service so that public authorities may issue necessary opinion on the captioned subject matter deliberation noticed by the study of impact assessment realised by the RTI activists in this behalf being living in the present and must work for the present to take benefit of the RTI act adjudication.The documents related to the past confirmations could not denied to the RTI activists or the Applicants however it is regretted to point the unnecessary denial of informations even though such informations could not be denied to the applicants and the informations are lying in the public records of the public authorities for which the SIC may take cognizance of the section 18 to 20 if Applicants are willing to file Complaints but it regretted to point that the SIC has not taken any cognizance in the such cases of Complaints which is highly objectionable matter of fact and concern as applicants feeling harassed due to delay in deciding the cases and submitted Complaints before the SIC however the SIC ignoring the law code manual of RTI act adjudication as described under section 18 to 20 of the RTI act adjudication by way and virtue of which the cases are lying pending with the PIO and the FAA as no required action proposed by the competent higher authority empowered to initiate the disciplinary action and penalty against the defaulters .

COUNTRY COULD NOT GOVERNED BY ONE MAN AND THE PARTY FOR WHICH THE RTI ACT HAS BEEN EMPOWERED TO USE AND THE SYSTEM OF GOVERNANCE AND TRANSPARENCY

We need RTI act adjudication in the public interest to remove corruption and to bring transparency and accountability in the administration as management has failed to account for the national interests at govt level for which all RTI activists,the resource persons and the volunteers must follow awareness drive compaign headed by former CIC Shri Sailesh Gandhi ji .The various groups and organisations of the RTI act publications are working together through online programming and meetings during the covid-19 pandemic to follow above compaign of the RTI promotion so that people may be aware about the merits and benefits of the empowerment delivered by the study of impact assessment realised by the RTI act adjudication for which one has to approach the public authorities at the level of the PIO ,FAA and SIC or CIC for which some guidelines must be brought to the notice of the new era entrants joining the meetings and events on line . Country could not be governed by one party or one man for which the government has empowered all Citizens to use and exercise the option of the RTI act publications in the interest of justice and transparency

CONSTITUTION OF INDIA PROVIDES FOR THE STATE LEGISLATURE WHICH SHALL CONSIST OF A GOVERNOR

Article 168(1) of the constitution of India provides for the state legislature which shall consist of a Governor and the house. The legislative assembly of the state continue for five years as per the schedule under article 172(1) of the constitution.Provision regarding sessions of the state legislature,right of the Governor to address and send message and the provision of the special address by the Governor also contained in Article 174. The main function of the legislature is to enact the laws for appropriation of the money from the consolidated funds of the state it also oversees executive functioning of the state under Article 164(2) which makes the council of ministers collectively responsible to the legislature and it also passes laws presented in the form of bills,which after receiving the assent of the Governor is notified and takes the form of an Act.In Accordingly the provision of RTI act publications has been empowered to the Citizens of country and the state for which annual reports of the SIC or CIC must be brought to the notice of the State legislature and the Parliament so that merits and demerits as well as benefits of the said act and objective of the empowerment delivered by the constitution of India may be obtained and top brought to the notice of the people of country as well as the state responsible for the monitoring and evaluation of implementation of the law code manual prefixed by the constitution of India in this behalf since 2005

RTI IS PROVIDING EQUAL PLATEFORM TO ALL AS FACING PROBLEM OF DISPARITY IN THE SYSTEM OF GOVERNANCE

It is a mistake to imagine that all are residing in the democratic set up of the country as the money, Employment and the system for service as well as the governance has been made at the mercy of power corridors and definitely it is a mistake to imagine that we are getting benefits under the democratic republic of the country and there is a stiff cost attached to that imagination as all are not equated at equal plateform by the system of governance for which the RTI act publications have an opportunity to work with the provision made and demand for good governance and accountability otherwise it is not possible to get the problem resolved even one is not aware about the information related to his cause and the concern for which the various groups and organisations of the RTI act publications are working together to improve the quality performance and work for the awareness drive

MISUSE OF NON PLAN EXPENDITURE SHOULD BE BANNED TO CONTROL THE FINANCIAL OVER BURDEN

RBI SHOULD ACT FOR DEFAULTING OVERDRAFT:--Almost all the states are facing the situation and the problem of the overdraft since the long however misuse of funds still going on and the payments for development works have been stopped and the GOI has also stopped releasing funds to the states even the state governments are not in a position to clear the salary as well as the pension and the medical bills of its employees and delaying the payments of the employees since the long Under these circumstances it is necessary to take a stock of the position and the situation however nothing concrete has been done so far in the matter as demanded by the employees of the state and suggested to ensure clean money and the transparency to the extent possible however no guidelines for controlling the misuse of the government funds as well as money has been issued by the department of the Finance till now even the RBI falls under the jurisdiction of the Union finance ministry and responsible to issue necessary directions regarding the proper suggestion to ensure the clean money and transparency in the accountancy of the system of the banking as well as payments to the employees as well as the other concerned failing which public will not defend the stand of the state as well as the central government as demanding their pending payments since the long

COMPLAINTS MUST BE CONSIDERED BY THE ADMINISTRATIVE AUTHORITIY TO FOLLOW TRANSPANCY AND ACCOUNTABILITY

The courts are delaying the cases submitted by the public due to various reasons for which no individual could be held responsible and at the same time it has become general practice of the practitioners to demand unreasonable hearing from the judges by way and virtue of which the more and more delay in deciding the pending cases has been occurred for which the online programming and hearings for schedule of events before the court of law and rules have been demanded by the Society of fast track justice for the welfare of society and circle however no concrete decision has been taken by the various courts even routine direction issued for the online programming and digital platforms is proof and evidence on the record .On the other hand now a days the RTI applications are also lying pending before the FAA and SIC or CIC for necessary follow up under law code manual of the RTI act adjudication even though there is no problem to start with the provision of online programming and digital platforms in the case of online RTI hearings as people may get benefits of the documents required for the welfare of society and circle or individual concerned and may be produced before the competent higher authority for required Administrative reforms by way and virtue of which the competent higher authority may follow the law code manual of government instructions and decide the cases accordingly .The courts are also depending on the Admininistration to provide justice to the common man demanding free and fair justice from the system of governance for which the Administrative Departments may also act and oblige the general public if satisfied under the provision of instructions time to time released in this behalf of the good governance and accountability act particularly issued and empowered with the provision made under law and rules and further furnished to use and exercise the RTI act publications for which there is no criticism however inspiration and the awareness drive required to argue the things before public authorities is necessary to protect the fundamental rights of the Citizens ,as the things are going wrong as for as the present scenario and position is concerned for which no one could be held responsible even though indiscrimination could be noticed in the democratic politics in the country in every field and circle of the justice and transparency for which the RTI act publications may help the people if stern action against the defaulters would be followed as laid under the provision of RTI act adjudication under section 18 to 20 of the RTI act publications but it is regretted for the undue delay and dereliction of duty at every level of the transpancy and accountability for which the government is only responsible to follow Complaints against the defaulters and act accordingly.

TENANTS MUST BE REGISTERED BY THE DISTRICT ADMINISTRATION UNDER SECTION 188 OF THE IPC TO AVOID CONFRONTATION

TENANTS MUST BE REGISTERED BY THE LANDLORDS:--It is very essential to register the tenants in the residential areas and if the land lord don't have details of the tenants a case under section - 188 of the IPC could be registered against the defaulter so getting the antecedents verified was inthe interet of both residents and the law enforcement agencies to deal with the situation and the problem As such the situation is becoming alarming with the influx of the said occupants and for which the police authority is initiating the cracking the whip on people running rented accommodation as well as the paying guests to tackle with the problem of the anti social elements asthe possibility of the criminal background could not be ruled out in the such cases where there is no verification of the record and for which the residents of the concerned area are required to comply with the provisions of the law strictly and to process the information to the local police authority so that emerging hide out situation may be abided as per the existing orders of the district administration particularly issued to resolve this problem of the ignorance of the law and the rules

TENANTS MUST BE REGISTERED BY THE DISTRICT ADMINISTRATION UNDER SECTION 188 OF THE IPC TO AVOID CONF

RTI EMPOWERMENT HAS BECOME NEED OF THE TIME AND TRANSPARENCY AS REQUIRED FOR GOOD GOVERNANCE TO EVERY CITIZEN

Truth is always bitter every human dignity and service to his society right from home to the circle of friends and relatives as well as others connected in the day to day life must have good response and the respect as a citizen of the state and the country for which every citizen is responsible to maintain his dignity and self respect in the eyes of the law and the rules by way and virtue of which the government has decided to empower every citizen of country with the benefits of using RTI as required for the good governance and accountability as well as transparency in the administration and removal of corruption from the society and circle but it is regretted to point that a very less number of citizens have exercised their right of the RTI in comparison to the use and exercise of right of vote for good governance of the society and circle as well as the monitoring and evaluation of implementation of the law and code as well as developing code of the society and circle . From the fifteen years of the experience under the provision of RTI it is clear vision of the documentary evidence that in the real sense RTI still requires awareness drive against the wrong doings of the administration and management for the welfare of society and circle however no one is ready to come forward and work for the agenda of truth and justice as the motive behind the RTI is free and fair justice to the society and circle is a fact and concern which should be brought to the notice of all concerned working for the welfare of society and circle for which the RTI is only a fundamental which could be exercised in the capacity of individual and for the use of welfare of society and circle .In addition to the RTI gov ernment has also issued various schemes and programmes as well as objective for the good governance however those are not protected under the public accountability chapter of ruling by the public for which only the right of justice for common man demanding transparency in the administration exists within the scope and liability of law and rules to approach the High court if not satisfied with the information contained in the replies of the PIO , FAA and SIC or CIC.Hence the promotion of RTI act is required necessitated necessity of the society and circle and awareness drive against the corruption is required movement by the citizens of the country as such no one in power would prefer to join hands with the RTI it is only the characterised personality of the society whom may join hands with the group of people working for the welfare of society and circle inthe line of promotion issued to the citizens of this country to take cognizance of the present conditions and circumstances of the monitoring and evaluation of implementation of the law and code required for the safety measures of constitution of India for which the Supreme court of India and the administrative authorities are also responsible to protect the rights of the common man demanding free and fair justice from the government As such the awareness drive against the movement of fundamental rights assured by the study of protocol mentioned as in the RTI act publications must be supported by the all citizens of this country instead of unnecessary comments and the criticism

SENIOR CITIZENS MUST FOLLOW FUNDAMENTAL OF THE CIVIL SOCIETIES REQUIRED FOR THE WELFARE OF AREA AND COMMUNITY

Friends senior citizens are the back bone of the stature of this country and at the present they are the real financer of the society and circle of the area where they are residing and the said class of the citizens of this country must follow their responsibility to tackle the problem of the society as a social worker for which it is necessary to organise the organisation of the civil societies however the said class must be respected by the coming generation to follow up the present situation and problems of the country

POSTS OF RESPECTIVE MLAs AND THE MPs MUST BE BROUGHT UNDER THE PUBLIC AUDIT AND THE RTI ACT ADJUDICATION AS USING THE FINANCIAL POWERS

The work and conduct of the public representatives particularly the MLAs and MPs must be brought under the provision of RTI act adjudication as such the post is pensioner and getting full emoluments as well as the office and staff for receipt and issue of communication delivered by hand by the public or through the other communications to be sent by post to the public from the office of the public representatives as people facing problems due to delay in delivering the post to various communities and the local level representatives dealing with the public problems for which the MLAs and MPs are involved in the Administrative matters for which the public representatives are too responsible to protect the fundamental rights of the common man demanding free and fair justice from the system of governance , more over the office of the MLA and the MP must be brought under the public audit and social audit as empowered with the financial powers by the government for which the government and the public representatives are responsible to reply the queries of the public so it is necessary to bring the office of the MLAs and MPs under the law code manual of RTI act publications so that transpancy and accountability in the work and conduct of the respective MLAs and MPs may be prefixed by the study of protocol mentioned in the law and rules as public money is distributed by the both representatives for which they are furnished with the funding to maintain their office and records more over more staff if required may be demanded by the public representatives from the competent higher authority however both the posts are responsible to maintain accountability and transparency in the work and conduct of duty and responsibility discharged by the public representatives during the tenure of their selection by the public

SOCIAL AUDITOR MUST BE IMPARTIAL AND THE REPORT SHOULD NOT BE POLITICISED

The following principles pertinent to the Social audit and related to the non - negotiable act and instruments must be followed by the study made and created for the welfare of society and circle.The purity of the Social auditing must be maintained under all circumstances and it should not be politicised.The role of the every concerned must be defined clearly and no official or political parties pressure should brought on to a Social audit process.All record pertaining to the works must be available for the verification of facts.A social auditor must be impartial and the hard facts should be brought on the record of the reporting required for re-examine of case file processed under law code manual of the Social audit.The short comings must be brought on the record and there should be no space for the discrimination in the process maintained by the resource persons based on the caste, religion or race and the professional services The issues must be brought to the notice of all concerned before the decision taken by the study of impact assessment realised by the government and the team working for the welfare of society and circle

FACILITIES PROVIDED BY THE INTERNET COMPANIES REQUIRED UNDER ARTICLE 19 (1)OF CONSTITUTION ARE USEFUL TO SAVE DEMOCRACY

Under article 19 (1) of the constitution of India the right to speak and write has been empowered to every citizen of country for which the internet companies like Google, Facebook and Twitter are facilitating the common man and effectively producing the results of deliberated assessment realised by the study of impact assessment noticed by the users of the network infrastructure as well as the platform given by the system of above companies.It is a matter of fact and concern that political parties are also taking keen interest in using the above mentioned facilities available for all and at the same time too criticising the above deliberation highlighted by the foreign companies even though all the data analysed by the study of protocol mentioned in the deliberation noticed by the common man demanding democratic republic of the country may be challenged before the court of law if crossing any jurisdiction of the law code manual restricted under the provision made by state governments under article 19 (2) of the constitution of India and there is no logic to enforce any restriction if every one is satisfied with the work and conduct of the above facilitation given to produce the results of deliberated assessment realised by the various groups and organisations as well as the individuals concerned working on the captioned subject matter deliberation required to be maintained by the Citizens of country and for which there should be no restriction under section 19(1) of the constitution of India as democracy is allowing the criticism required as for the good governance and transpancy more over the empowerment delivered by the RTI act publication is also an example of the state for equalibeium to all in relation to the freedom of speech and expression

INSTITUTIONAL AUDIT, SOCIAL AUDIT AND THE PUBLIC AUDIT ARE THE REQUIRED NECESSITIES OF GOOD GOVERNANCE AND TRANSPARENCY

Three types of social audits are mainly used and exercised by the study of protocol mentioned in the law code manual of the verification of record and statements related and pertinent to the monitoring and evaluation as well as the indeed of a policy of the law which includes Government or the institutional audits , social audit and the people's audit The government audits are conducted without the significant involvement of the affected people or the intended beneficiaries where as the people's audit are conducted by the people themselves, including those who are directly affected and with the assistance and movement of the NGOs but invariably with sincere efforts to involve the concerned department or the institutions.The social audits are conducted jointly by the government and the people especially by those people who are affected or are intended beneficiaries of the activity being audited.Generally the social audit is conducted by the study of impact assessment realised by the resource person and through the investigation under RTI act publications particularly issued for the welfare of society and circle with the empowerment delivered by Constitution of India as facing problems like delay in deciding the cases and transpancy in the administration as well as removal of corruption from the society and circle/ Admininistration.

INSTITUTIONAL AUDIT, SOCIAL AUDIT AND THE PEOPLE AUDIT ARE THE REQUIRED NECESSITIES OF GOOD GOVERNANCE AND TRANSPARENCY IN IMPLEMENTATION OF ADMINISTRATIVE REFORMS

GOVERNMENT INSTRUCTIONS TO DEAL WITH THE CRIMINAL CASES

The vigilance department is responsible to consider the pending criminal cases in relation to the charges levelled against the individual concerned and at the same time no vigilance officer/ Official who is charge sheeted or convicted in a criminal case involving moral turpitude shall not be assigned any investigation either as investigating officer or in a supervisory capacity and will not be posted in the vigilance bureau till such criminal cases are not decided by the competent higher authority and such employees should not be posted where the public dealing exists in the office administration.It is apparent that there exists arbitrariness in dealing with the such officers facing the criminal cases As such in our system of governance administered by rule of law code manual prefixed by the government as well as Constitution of India the government cannot act like an absolute despot as it's whims and fancies by patronizing certain officers while imparting step motherly treatment to others.So it has become necessary to protect the instructions as laid down by the government to deal with the vigilance cases

RESOURCE PERSONS ARE TOO RESPONSIBLE TO FOLLOW AWARENESS DRIVE MOVEMENT UNDER RTI ACT ADJUDICATION AND DEMAND GOOD GOVERNANCE

DESIGN AND SCOPE OF THE SOCIAL AUDIT AND DUTY OF THE RESOURCE PERSON:-- Social auditing is very essential for the schemes and programmes of the various projects designed for the welfare of society and circle and it is too related to the policies and procedures required to be maintained in the functioning of the public agencies and establishments working on behalf of the government.The right of empowerment delivered by the study of impact assessment realised by the government must have appropriate look and observation at the level of skilled Resource person where and when an issue or an approach is identified and it is found necessary to follow investigation related to the planning, implementation, monitoring and evaluation for which the audits are found necessary by the community people demanding facilitation and justice from the system of governance however feeling dissatisfied with the performance made by the public authorities and the agencies working on behalf of the government.Under these circumstances of the required documents and investigations the Resource person may take cognizance of the such cases and have dialogue and discussion at the level of FAA and SIC if not satisfied with the information delivered by the public information officer

FINDINGS OF THE RTI ACT ADJUDICATION MUST BE BROUGHT TO THE NOTICE OF DEPARTMENT OF AR FOR REDRESSAL AND REFORMS

RTI ACT ADJUDICATION MUST BE FOLLOWED BY THE CITIZENS OF COUNTRY WITH PROCEDURE LAID DOWN FOR APPEAL BEFORE THE FAA AND THE SIC OR CIC TO OBTAIN RESEARCH OF THE INTERPRETATION ISSUED WITH ORDER OF THE APPELLATE AUTHORITIY

Advocates are regular practioners of the proceedings of the court of the law and enquiries for which they are admitted by the courts and through the registration but they should not use platform of the RTI act-2005 even though they may file and exercise RTI but they don't overlook the platform of the RTI act which is particularly issued to the citizens of this country to get benefits of the act ibid by filling the application and appeals before the FAA and the SIC or the CIC to get decision of the RTI if wrongly interpretated by the PIO

NO INFORMATION COULD BE CONSIDERED PERSONAL IF SUBJECT MATTER ACCOUNTABLE

No information could be treated and considered as a personal information in case it is related to the public accountability and transparency as well as responsibility of the public authorities to analyse the data demanded by the study of impact assessment realised by the RTI act adjudication in this behalf for which the public authorities must do their duty and responsibility clear under law code manual of the description made instead of declaring the information personal. Virtually every information if lying in the public domain must be supplied to the Applicants/ RTI activists/ volunteers .As such every information sought by the Applicant from the system of governance is related to the duty assigned to government infrastructure and liability for which the government servants are accountable to maintain the record up-to-date for which there is no logic to consider informations confidential in any way as the information is demanded when found necessary by the study of impact assessment realised by the agency / individual however the Empowerment delivered to the citizens of country must be furnished in the public domain under section 4 of the RTI act publications so that every one may look into the information related to work and conduct of his/her choice and vision for the welfare of society and circle as well as the individual concerned for which every citizen of country has been empowered to initiate issues and matter under the RTI act publications .The record pertinent to the life and liberty could not be considered under the observation of privacy as every activity is related to the public domain for which public authorities are responsible to issue necessary informations to the common man demanding free and fair justice from the system of governance and for which the public authorities are responsible to protect the fundamental rights of the Citizens of this country as paid for the work done more over democracy crops up from the power of vote cast by the individual so every information could be released to the individual one who is demanding the information under law code manual prefixed by the RTI act adjudication to take benefit of the empowerment delivered in favor of the individual concerned.

RECRUITMENT OF DAILY RATED PERSONS SHOULD BE MADE THROUGH EMPLOYMENT EXCHANGES AS PER THE PROVISOS

Recruitment of the daily rated persons by various corporations/ Boards / Undertakings/Industrial Units in the government sector must be appointed through the respective Employment Exchanges .As it has been noticed by the government that irregularities are being made by some of the corporations / Boards / Undertakings have employed persons on daily basis/rates without sponsoring their names by the Employment Exchange concerned.This has led the Government to an embarrassing position and situation has become contrary to the decision taken by the government in this behalf for which government has taken a serious view of the tendency occurred in the Corporations / Boards / Undertakings as well as the other offices.The instructions which have been issued time to time earlier should be adhered to strictly and no such recruitment should be made without the sponsorship of the Employment Exchange concerned.The daily rated persons are first appointed and then brought on the records of the office concerned for which necessary codal formalities could not be ignored as abided by the study of protocol mentioned in the law code manual of the government since Assurance by the HP Government Department of the Employment

GOVERNMENT SHOULD FOLLOW DECISION TO FILL THE VACANCIES SO REQUIRED TO BRING TRANSPANCY AND ACCOUNTABILITY IN IMPLEMENTATION OF THE ADMINISTRATIVE REFORMS

Instructions have been issued time to time regarding the channels of recruitment for vacancies in the various government departments/ Boards and the Public sector undertakings etc in Himachal Pradesh.It has been observed that there are frequent instances of violation of these instructions both to the notification of vacancies and the resorting to the direct recruitment.To avoid the situation and position of all previous orders it has become essential to make the recruitment solely through the Employment exchanges and to tap other sources only if the Exchanges fail to sponsor the suitable candidates.In future all vacancies arising in the government departments/ autonomous bodies/ local bodies and the public sector undertakings etc. / Except those that are filled up by the Himachal Pradesh public service commission or by the promotional Avenues irrespective of their duration and Employments ) should be notified to the appropriate Employment exchanges and no Office establish shall fill in any vacancy by the direct recruitment unless the Employment exchanges certifies in the writting that it is unable to sponsor suitable candidates.

MINISTERS HAVE TO TAKE DECISION INLINE WITH THE GOVT THINKING AND THE VIEW POINT

As Per Section 2 (h) ““public authority” means any authority or body or institution of self-government established or constituted,-

(a) by or under the Constitution;

(b) by any other law made by Parliament;

(d) by notification issued or order made by the appropriate Government, and includes any-

(i) body owned, controlled or substantially financed;

(ii) non-Government Organisation substantially financed,

directly or indirectly by funds provided by the appropriate Government;” (emphasis added)

It is publicly admitted that the PMcares fund is a trust in which the PM and three ministers are ex-officio trustees. This means that they are trustees as a result of their status and position as public servants of the government. It is difficult to assume that ministers can be on the board of an organisation like PMcares which has numerous interactions with the Government, in private capacity. In fact, this would necessarily imply a conflict of interest and would be a serious slur on their integrity. Their ex-officio position clearly means that they have to take decisions in line with the government’s view and thinking. Any other conclusion would be an improper slur on their integrity. It is not possible that India’s leading Public Servants could be acting in any manner, but as representatives of the Government when they are on holding their positions as trustees who be trusted on PMcares fund.

There can be no doubt that PMcares fund is controlled by the government and hence is a public authority liable to discharge its obligations as per the RTI Act.

It is very unfortunate that it is acting illegally and refusing to abide by the law. Perhaps this is being done because of its confidence that the Information Commission will take two years to decide and the journey in the courts could be for over a decade.

shailesh gandhi

PUBLIC AUTHORITIES ARE RESPONSIBLE TO FOLLOW COMPLAINTS AND BRING TRANSPANCY IN IMPLEMENTATION OF ADMINISTRATIVE REFORMS REFERRED BY THE HIGHER OFFICE

Friends it is necessary to take cognizance of the decision of public authorities for the benefit of the individual as well as the general public and the demand under public utilities for which the RTI act of the 2005 is a good exercise to go ahead with this practice provided under the law to the citizens of this country and sometimes the cases referred by the courts are also processed under this provision of the RTI act to get information on the such issues and the matters for which the service of the FAA and the SIC or the CIC is very important and necessary to deal with the pending complaint against the department or the public authorities As such the public authorities should take cognizance of the pending complaint and appeals and required transparency in the administration to deal with the pending complaints instead of delay in the decision for which penal action is also necessary as per the law however SIC and CIC have started routine warning to the public authorities instead of the penal act by way and the virtue of which the said act is going and becoming unfruitful to the general public which is wrong practice of the court of enquiries and the law provided for the removal of the corruption and to make the administration responsible and transparent

DEMAND OF ONLINE DIGITAL PLATFORM AND PROGRAMMING HAS BECOME NEED OF THE TIME AND HOURS, AS ESSENTIAL SERVICE OF RTI HAS LOST ITS CREDIBILITY

RTI ACT 2005 AND THE JOURNALISM :-- The said issue and matter of promotion of RTI act publications was in detail discussed with in the RTI activists today on 13-6-2021 while online digital meeting was convened by the Madhya Pradesh State RTI federation .The meeting was attended by the SIC Shri Rahul Singh ji, and the former CIC Shri Sailesh Gandhi ji heading the National compaign committee working for the welfare of RTI application .In addition to above some senior key members and the new era entrants also joined the group meeting which was attended about more than eighty delegates representing their groups and the identity .All the active members of the RTI act Organisation Presented their view points as facing the present scenario of problems in the RTI revolution demanding transpancy and accountability in the administration and justified their opinion to continue with the work and conduct required for the good governance and removal of corruption from the system of governance, for which the journalists should also come forward and highlight the problems of the RTI activists working for the welfare of Common man demanding free and fair justice from the system of governance.The former SIC Shri Aatam Deep ji however particularly mentioned that the role of the journalists could not be forgotten while they tried their level best to introduce the said act of Empowerment and work with the Organisational structure headed by various groups and identities however in the present scenario and circumstances of the covid-19 pandemic there is no contribution of the journalism to protect fundamental rights of the Citizens of country as facing delay in deciding the cases and too demanding the online facilitation and digital platforms for required function of the essential RTI deliberations too dealing with the provision of class life and liberty for which the PIOs are responsible to issue necessary information to the Applicants with in a period of 48 hours .

RTI SHOULD BE PRESCRIBED ESSENTIAL SERVICE UNDER LAW CODE MANUAL TO FOLLOW LAW OF THE LIMITATIONS

Procedure to be followed for releasing joint seniority of cadre / grade / posts existing as on 1-1-1996 befor the department and established with the instructions issued vide number Per (AP) C-B(2) -2/95 dated 28-11-98 and further clarified with memo number Fin - (PR) B -7 - 1/98-11 dated 10-8-1999 to follow relative seniority of post existing in the placement cadre / grade/ service and processed with procedure as laid down by the DOPT and restructured by the ACPS to opt for the eligibility and preference as per the provision made vide number Fin - I -C - (14) - 1/83 Dated 4-4-97 as the benefits of higher post restructure issued for confirmation under the law code manual prefixed by the relative seniority could not be debarred for the regular position of cadre / post / service rendered by an individual concerned for which the Introduction and ACPS accomplished with FR -22 vide number Fin -PR -(B) -7 -51 /98 dated 16-8-2000 as no promotional Avenue furnished earlier to the highest placements of cadre / grade / service up to the length of service 18 years for which the promotional level placement allowed vide number PW-CE - CZ -CPS/99 -4821 dated 21-5-99 as related to the DOPT instructions finally concluded on 24-12-81 consequently on 1-9-2010 and 3-12-14 but it is regretted to point the final conclusion by Administrative Department even final order of the HP Finance too released on 7-7-2014 is proof and evidence on the record and on the other hand no dead line prefixed for finalization of former cases of ACPS which clearly indicate that there exists no transpancy and accountability in the administration as such the Complaints and appeals furnished under law code manual of the RTI act publications have no review and re-examine at the level of FAA and SIC is proof and evidence ,on the other hand the SIC is responsible to follow section 20 of the RTI act adjudication as related to the penalties and disciplinary action against the defaulters for which the government is too responsible to declare the services of RTI act publications as the essential service for which the clause of life and liberty is also required to be dealt accordingly however nothing has been assured in this behalf of the demand under public utilities time to time furnished with the government to protect the fundamental rights of the common man demanding free and fair justice from the system of governance since the introduction of RTI act publications

DISCIPLINARY ACTION REQUIRED UNDER LAW CODE MANUAL OF RTI ACT ADJUDICATION AND IGNORANCE OF THE LAW ( SECTION-20 (2) BY THE COMMISSIONERS

Where the CIC or SIC , as the case may be, at the time of deciding any Complaint or appeal is of the opinion that the CPIO or the PIO , as the case may be, has , without any reasonable cause and persistently, failed to receive an application for information or has not furnished information with in the specified time and law of limitation under sub section (1) of section 7 or malafidely denied the request for information or knowingly incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall recommend for the Disciplinary action against the CPIO or the PIO as the case may be, under the service Rules applicable to the defaulters, and the competent Administrative Departmental authoritiy will make this entry on the service book of the official/ Officer so that in future no such mistake be done by the said Officer official .It is also mentioned here that the Disciplinary action may also be a penal action against the defaulters as suggested under Rule 16 of CCS & ( CC&A) 1965 however no such actions are recommended by the CIC or SIC which is ignorance of the law code manual prefixed by the RTI act publications in this behalf to bring transparency and accountability in the public administration

RELATIVE SENIORITY OF DIRECT RECRUITS, PROMOTEES/ TRANSFEREES HAVE BEEN DECLARED APPOINTMENT ON THE AD-HOC BASIS TO RESPECTIVE GRADE AND GROUPED TOGETHER FOR REGULAR APPOINTMENTS

RELATIVE SENIORITY OF DIRECT RECRUITS AND PROMOTEES/ TRANSFEREES :-- The relative seniority of direct recruits and of promotees shall be determined according to the rotation of vacancies between direct recruits and promotees which shall be based on the quotas of vacancies reserved for direct recruitment and promotion respectively in the Recruitment Rules . In the case of transfrees the relative seniority of persons appointed by the transfer from the office to other office / Department shall be determined in accordance with the order of their selection for such transfer . Where such transfers are effected against specific quotas prescribed in the recruitment rules therefore, the relative seniority of such transferees vis-a- vis direct recruits and promotees shall be determined according to the rotation of vacancies which shall be based on the quotas reseved for transfer , direct recruitment and promotion respectively in the recruitment rules. Where a person is appointed by transfer in accordance with a provision in the recruitment rules providing for such transfer in the event of non availability of a suitable candidate by direct recruitment or promotion , such transferee shall be grouped with direct recruits or promotees as the case may be and required for the relative seniority based on the quotas until they are replaced by persons approved for the regular appointment by direct recruitment, promotees or transferees ,as the case may be.

IN CASE REDUCTION OF POST IS FOR SPECIFIED PERIOD,ON COMPLETION OF SUCH PERIOD , GOVT SERVANT AUTOMATICALLY PROMOTED WITH SENIORITY AS EXISTING PRIOR TO THE REDUCTION

Fixation of seniority of a Govt servant reverted to a lower post / grade/ service for a specified period as a measure of penalty and subsequently re promoted to higher post after the expiry of the period of punishment and in cases where the reduction is for a specified period and is not to operate to postpone future increment, the seniority of the government servant may, unless the terms of the order of punishment provide otherwise, be fixed in the higher service , grade or post or the higher time scale at what it would have been,but for his reduction .In cases where an order of punishment does not specifically cover the points referred above, the government servant on whom the penalty of reduction for a specified period is imposed , will on completion of such period be promoted automatically and his seniority will be determined as follows:-- If the period of reduction does not operate to postpone future increments, the government servant on repromotion , will regain his seniority as it existed before his reduction.It is clarified that promoters will be treated as regular only to the extent to which direct recruitment vacancies are reported to the recruiting authorities on the basis of the quotas prescribed in the relevant recruitment rules, excess promotees ,if any exceeding the share falling to the promotion quota based on the corresponding figure notified for direct recruitment, would be treated only as ad- hoc promotees.The General principles of seniority referred above may be deemed to have been modified by the HP personnel on 24-12-81 and subsequently on 1-9-2010 and finally concluded on 3-12-14 for which the cases are lying pending with the Administrative Department to release the due consequential benefits of the held review and revision restructured in favor of the cadre / grade / post of junior Engineer since 3-10-91 with designated post Extra Assistant Engineer so issued after 18 years of regular service in the scale and grade

WHERE PROMOTION TO A GRADE ARE MADE FROM DIFFERENT GRADE, SEPARATE QUOTAS FOR PROMOTION TO VARIOUS GROUPS SHOULD BE PRESCRIBED, IF NOT ALREADY MADE/ DONE.

PROMOTEES :-- The relative seniority of persons promoted to the various grades is to be determined in the order of their selection for such promotion , Provided that where persons promoted initially on a temporary basis are confirmed subsequently in an order different from the order of merit indicated at the time of their promotion , seniority shall follow the order of confirmation and not the original order of the merit. Where promotion to a grade are made from more than one grade , the eligible persons are to be arranged in separate lists in the order of their relative seniority in their respective grades .There fore, the Departmental Promotion Committee shall select persons for promotion from each list up to the prescribed quota and arrange all the candidates selected from the different lists in a consolidated order of merit which will determine the seniority of the persons on promotion to the higher grade .NOTE:-- If promotion to a grade are made from more than one grade, separate quotas for promotion for the various grades should be prescribed, if not already made/ done.

QUALITIES OF MIND AND CHARACTER, APTITUDE REQUIRED FOR THE CONSTRUCTIVE OUTLOOK AND HUMAN SYMPATHY IN PUBLIC SERVICE FOUND NECESSARY KIND OF THE WORK FOR A PROBATIONARY

ASSESSMENT OF WORK AND PERFORMANCE DURING PROBATION:-- Concentration of attention on the probationer's ability to pass the probationary , or the departmental examination tends to obscure the wider object of probation.In judging the fitness for confirmation of employees selected on the result of a vigorous written examination, passing the probationary or a departmental examination should be an essential, but not the most important part of the qualification for confirmation. There should be a very careful assessment of the outlook, character and aptitude for the kind of work that has to be done in the service before a probationer is confirmed, and only those persons who possess qualities of mind and character needed in the particular service and the constructive outlook and human sympathy needed in the public services generally should be confirmed. So in accordance with the Explanation (5) and (8)(a) below Rule 11 of the CCS&A ) Rules,1965 , Revision of a Govt servant appointed on probation to any other post to his permanent service grade or post, or termination of the services of a Govt servant appointed on probation, during or at the end of the period of probation in accordance with the terms of his appointment or the Rules and orders governing such probation, does not amount to a penalty with in the meanings of rule 11 of the CCS(CC&A ) Rules,1965.

REVERSION OF GOVT SERVANT HAS BEEN DENIED DURING THE PROBATION IN TERMS OF RULE -11 CCS & (CC&A) Rules 1965

PROBATION :-- After formal selection for a post and before confirmation there in there should be specified period of probation during which the work of the officer could be carefully watched , and his suitability for confirmation too decided on that basis. Since performance in a lower service can only indicate an employee's potentialities for a higher service , it is necessary that his suitability should be judged before he is confirmed in the higher service . Therefore, those promoted as well as the fresh entrants to a service should be kept on probation.The controlling authoritiy may, however , have the discretion to count any period of successful officiation in the service as probationary period. It would be desirable to have uniformity as regards the period of probation in different services ,and the period of probation should normally be two years But where there are any special reasons for prescribing a longer period or shorter a suitable period may be fixed in consultation with the Department of Personnel and the Administrative reforms . Further it is mentioned that as per explanation made by Rule 11of the CCS&A ) Rules 1965 Reversion of a Govt servant appointed on probation to any other post to his permanent service grade or post, or termination of the services of a Govt servant appointed on probation, during or at the end of the period of probation in accordance with the terms of his appointment or the rules and orders governing such probation , does not amount to a penalty with in the meanings of RULE 11 of CCS (CC&A) Rules , 1965.

VALIDITY OF MODIFICATION MUST BE CONSIDERED BY THE LAW CODE MANUAL AT HIGHER LEVEL IN REPLY TO SHOW CAUSE NOTICE OF THE GOVERNMENT SERVANT AS PER THE PROVISOS TO RULE 29(2) OF CCA-1965.

In cases of Disciplinary matters where an order by the Governor imposing any of the penalties specified with in the terms and meaning of the Rule-11 and further in exercise of his powers of the review and in modification of an order under which non of the said penalties has been imposed as required under provisos to Rule 29(2) of CCA 1965 representation and reply to the show cause notice regarding the findings a separate note or the forwarding letter indicating the considerations on account of which a modification or the order already passed by authoritiy under law code manual prefixed over- ruling the petition or memorial as the validity of the authority deciding case of the upgraded / reclassified post after due requirements modifying the forwarded letter indicating the considerations on account of which the modified seniority or the order already passed is called for will remain the observation pointed so by the DOPT after reclassification of the post of upgradation particularly issued for the benefit of advancement for which a separate note or the forwarding letter should be issued by the competent higher authority to clear the vision and instructions for the order already passed as laid under the law and rules

EXPLANATION MADE BY RULE-11

DISCIPLINARY MATTERS :--It is necessary to consult the Commission in disciplinary cases in regard to the following matters. (a) an original order by the Governor imposing any of the following penalties:(1) withholding of increments with cumulative effect, (2)reduction to a lower service ,grade or post or to a time scale or to a lower stage in a time-scale , (3) compulsory retirement,(4) removal from service, and (5) dismissal from service ,(b) an order by the Governor on an appeal against an order imposing any of the penalties mentioned at (a) above, (c) an order by the Governor imposing any of the penalties mentioned at (a) above,in exercise of his power of review and in modification of an order under which non of the said penalties has been imposed, and (d)an order by the Governor over - ruling or modifying after consideration of any petition or memorial or otherwise, an order imposing any of the penalties mentioned at (a) above made by the Governor or by a subordinate authority .NOTE:--- The word 'Governor' implies State Government. It is not necessary to consult the Commission in regard to the matters indicated as above if the order is issued by an authority other than the Governor.It is also not necessary to consult the Commission before imposing a penalty not mentioned in para above, whether or not such a penalty is inflicted by order of the Governor or by a subordinate authority. It may also be mentioned here that generally the following actions are not considered penal in charector as mentioned at (a) above

as per the explanation with in the meanings of RULE-11

ISOLATED POSTS COULD NOT BE IGNORED FOR PROMOTION AND ADVANCEMENT BY THE ADMINISTRATIVE DEPARTMENT.

Transfer may be kept as a method of recruitment when it is possible to get the services of suitable officers having the requisite qualifications and experience with in the Government departments and the central/ other state governments. Short term contract is also a form of deputation and this applies to Officers from the non - Government bodies, e. g Universities Recognised Research Institutions, Public Undertakings,etc for teaching, research, scientific and technical posts, it will be desirable that the above noted non - Government bodies are also tapped.It will be desirable in the case of isolated post to keep the method of recruitment of transfer on deputation/ short term contract as otherwise Care should always be taken to ensure that the officers holding posts other than in organised service have enough prospects for advancement in their own line .For this purpose, the Administrative Department should bring together all such isolated posts requiring similar educational qualifications, experience involving similar functions etc into different. groups to provide enough channels of the promotion.

CLASSIFICATION OF POSTS AND REQUIRED COMPLIANCE FOR APPROPRIATE ACTION AND THE PROPER MIX OF JOINT SENIORITY

Promotion, direct recruitment, deputation, Transfer, Re-employment and the short term contract are the different methods of recruitment and the percentage of posts to be filled depends upon the quota on judicious blending of the several consideration e g The nature of duties, qualifications and experience required.The availability of suitable personnel possessing the requisite qualifications and experience.The need for ensuring that suitable incentives exists for the maintenance of an adequate standard of efficiency in the cadre.Consideration of the question whether, having regard to the role to be performed by a specific cadre or service ,It is necessary to provide for direct intake of the officers at an appropriate level with a view to injecting fresh knowledge and experience that may not be normally available in a particular service or department etc.has been declared the proper mix of the six methods of recruitment mentioned in the classification of posts however the qualifying service for promotion from one grade to another is necessary so that there is no premature promotion or undue jump in pay and also to ensure that the officer has sufficient opportunity to demonstrate his competence/ potential for holding the higher post.

IN CASE OF NON COMPLIANCE BY THE PIO COMPLAINT AGAINST THE PIO IS MORE JUSTIFIED THAN TO FILE APPEAL BEFORE THE FAA

WHY COMPLAINTS UNDER SECTION 18 (1) OF THE RTI ACT ADJUDICATION JUSTIFIED:-- Subject to the provision of this Act, it shall be the duty of the SIC to receive and enquire in to the matter /a Complaint from any person,Who has been unable to submit a request to a PIO either by reason that no such officer has been appointed under this Act or because the said PIO has refused to accept the Application submitted by Applicant or not forwarded the same under law code manual of the RTI act publications to related Officer who has not given a response to the request for information or access to information with in the time limits specified under this Act, In case of the demand unreasonable amount of fee necessary Complaint against the PIO may be furnished under this Act and if the PIO has been given incomplete, misleading or false information necessary Complaint has been allowed under the provision made further more in case of any other matter relating to the request of Applicant or obtaining access to records under this Act the Complaint has been empowered under section 18 (1) of the RTI act adjudication for which the SIC has been empowered with the same powers as are vested in a civil court while trying a suit under the code of civil procedure,1908 .

PARLIAMENTARY DEMOCRACY COULD NOT BE ACCOMPLISHED TILL MEETINGS AND ACCOUNTABILITY BY THE STANDING COMMITTEES.

Parliament and the Vidhan sabhas are empowered under the provision of constitution of India by way of election schedule and the empowerment delivered to the elected representatives of the democratic set up of the country. Parliament is supreme however every course of discussion and dialogue must be highlighted before the entire house for decision to follow article 256 of the constitution of India by way and virtue of which the Administrative Departments are responsible to follow the instructions of the Parliamentary democracy for which issues may also be discussed under the provision of Parliamentary standing committees .The system of governance and accountability has been declared fundamental right of the Citizens of the country since the RTI act 2005 hence it is also required to follow the transpancy in every field of study and work under the Parliamentary democracy however political parties are reluctant to do so and fighting for the empowerment at the centre and states for which dirty politics of castism, religion area related optimisation and malpractice has ruined the true meaning of the democracy and the Parliamentary standing committees as well as the Vidhan sabha committees are not discussing the issues and matters as required for the good governance and transpancy in the administration.The RTI activists are only empowered to initiate the issues and matter with in the provisos to responsible function of the public authorities and to Complaint before the High courts if not satisfied with the decision and orders of the SIC or CIC .As such it is necessary to protect the fundamental rights of the RTI act publications issued by the constitution of India to Citizens of country regarding to demand for the welfare of society and circle and related as to the monitoring and evaluation of implementation of the law code manual of the process laid down under article 256 of the constitution of India so that people may not suffer due to wrong interpretation of the law code manual of the decision so highlighted for the good governance and welfare of society and circle

SECTION 18(1) RELEASING THE POWER AND FUNCTION OF SIC TO FOLLOW CODE OF CIVIL PROCEDURE 1908

The procedural processing of RTI application could not be accomplished and ignored for next approach till correct and complete information received from the system of governance as well as the public authority for which Applicant may have to follow the FAA and SIC or CIC in case of wrong interpretation and wrong delivery of the demand for information .As such it is necessary for the agenda of RTI act follow up regarding to go through the contents of the RTI act publications so issued in this behalf and the SIC or CIC subject to the provision of this Act , as the case may be have a jurisdiction and power to receive and enquire in to the Complaint from any person under section 18(1) ,who has been unable to submit a request to a PIO either by reason that no such officer has been appointed under this Act or APIO has has refused to accept his Application or Appeal for further action required to be forwarded to senior officer specified in subsection (1) of section 19 not entertained or refused access to any information requested under this Act or not given any response of the access to information with in time limits prescribed by the study of protocol mentioned in the RTI act publications.Who has been required to pay an amount of fee which is unreasonable or providing incomplete, misleading or false information and in respect of any matter related to the request or obtaining access to to the records under this information.Under the above mentioned provisos to the non compliance it shall be the duty of the SIC or CIC to inquire in to the matter and follow court proceedings under section 5 of the Code of Civil procedure 1908 in respect of the issue of summons and to take evidence to produce the Documents, inspection of records, produce affidavits along with any other matter which is related to the information and requisitioning of the public records, as no such records may be withheld on any grounds under the provision made and Empowerment delivered to the information Commissioner

RTI ACTIVISTS ARE BOUND TO FOLLOW LAW CODE MANUAL OF THE RTI ACT PUBLICATIONS

There are different categories of RTI Applicants those are promoting the event of RTI act publications in the personal interest which includes general applicants , volunteers , RTI activists and the Resource persons. The first category of the RTI Applicant virtually related to the essence of necessity like Mahatma Gandhi Rural Employment Guarantee Scheme workers and compelled to follow RTI application failing which they could not get their due benefits as allowed under law code manual of the act.The second cadre of the RTI Applicant may be recognised as the volunteer who come forward with demand under public utilities and work on the captioned subject matter deliberation required for the good governance and accountability so found necessary by the Applicant and the third cadre of the RTI Applicants belonging to the Activists resume for permanent use and exercise may be verified from the record of the SIC or CIC as working for the correction and completion of their documentary proof and wrongly interpreted either by the PIO or FAA is proof and evidence and the last cadre of the RTI Applicant belongs to the category of Resource person one who is working for the others from.his own resources as well as the work and conduct of demand under public utilities raised by Society and circle living in the sorroundings however not capable of doing their duty required as by the RTI act publications even compelled to follow the Complaints and Appeals if to secure the job cards / opportunity given by the Mahatma Gandhi Rural Employment Guarantee Scheme

MONITORING AND EVALUATION OF GRANTS AND ACHIEVEMENTS IS FUNCTION OF THE STANDING COMMITTEES

FUNCTION OF THE COMMITTEES:--The standing departmental Committees are required to consider the demand for grants as such after the general discussion the house is adjourned so during this period the Committees shall consider the demand for grants and make their Reports separately as required by each Department and it would be considered by the house.The Committee is responsible to consider the annual report of each Department seperately.Policies related to economy in the administration and to increase efficiency for which expenditure incurred on the proposed works and estimates/ DPR are required to be examined . Assurances given by the Ministers are also verified.Bills related to the Reports of powers to make regulations,rules , sub rules ,bye laws etc are being properly exercised by the department as laid under law code manual prefixed by the constitution of India.The annual plan proposed by the planning department shall be reported to the Departmental standing Committees to prepare the Report and information to the House for approval of the planning Documents. In order to enable the standing committee carry out these functions,each Department is required to send periodical Report on proforma specified with the achievement made and expenditure incurred to bring efficiency and economic growth required to be maintained by the department concerned

IN 1994 THE VIDHAN SABHA WOUND UP COMMITTEE ON SUBORDINATE LEGISLATION WITH REPLACEMENT BY CONSTITUTING SEVEN DEPARTMENTAL COMMITTEES

COMMITTEE ON SUBORDINATE LEGISLATION:--As per the schedule under function it consists of not more than nine members nominated by the speaker.This Committee scrutinises and report to the house whether the powers to make regulations, rules ,sub - Rules Bye laws etc conferred by the constitution or delegated by any law ful authority are being properly exercised with in such delegation. This Committee in particular considers whether the delegated Legislation is in accordance with the provision made or the Act in pursuant to which it is made , whether it contains matter which in the opinion of the Committee should more appropriately be dealt with in an Act of the legislature , whether it imposes any tax, whether it directly or indirectly bars the jurisdiction of the courts ,etc,etc. Following a recommendation of the Rules Committee of the house, the Vidhan sabha in 1994,constituted seven departmental Committees and has wound up the Committee on Subordinate Legislation.The departmental Committees have been entrusted with this task .

COMMITTEE ON SUB- ORDINATE LEGISLATION (1982-83) HAS DESIRED TO PUT ANOMALIES BEFORE THE DOPT AND VERIFY

COMMENCEMENT OF RULES :-- The memorandum of commencement of rule should recite that the interests of no one would be prejudicially affected by reason of the retrospective operation of the rule.When promotion is proposed to be made on the basis of merit, the word "selection" may be used and when promotion is to be made on the basis of seniority subject to the rejection of unfit , the word Non- Selection may be used.In the case of direct recruitment or transfer on deputation or transfer the entry should be not applicable.The Subordinate Legislations Committee while verified the facts on the pay scales and revision issued on 1-1-78 has also desired that all the rules where the anomaly exists should be reviewed in the DOPT and the rules after proper amendments be submitted to the Committee for scrutiny.The Committee has also felt that in some categories service Rules are yet to be framed as pointed by the DOPT for which the Department concerned be asked to submit the service Rules in respect of each category separately.The Committee also noted that in the case of direct recruitment age limit has been raised however it has not been mentioned in the service Rules in several cases which may be adhered strictly as pointed out by the government in this behalf

DOPT IS RESPONSIBLE TO FOLLOW CONSEQUENCES OF PAY REVISION AND THE REQUIRED AMENDMENT

REVISION OF PAY SCALES -- AMENDMENTS TO BE CARRIED OUT IN THE R&P RULES:-- As per the notification of DOPTdated 9-91980, 6-12-85and 20-6-86 it has been clarified that the pay scales of all categories of posts/services have been revised wef1-1-78 ,1-1-86 as a result there of the R&P Rules of all posts will require suitable amendments for which the HP public service commission has convey its approval to the amendment of the R&P Rules in respect of various posts/ services in all the departments which are necessitated on account of the revision of the pay scales with effect from the dates, time to time revised and without making further references to the Commission by the department in individual cases.It has further been decided that where cent percent direct recruitment is made the said provision should not appear in such rules .

GOVERNMENT SERVANTS UNDER LAW CODE MANUAL ARE RESPONSIBLE TO ESTABLISH ACCOUNTABILITY AT EVERY LEVEL

The functioning of the Government is related and regulated by the various provisions made in the constitution of India and further Acts and Rules framed there under . Public servants , including the Government servants are made accountable for their official duty and responsibility as well as action prescribed by law code manual.Of course there are different levels of the transpancy and accountability required to be discharged with national interest at different levels,in the Administrative hierarchy/ reforms for which it is essential to set out this accountability ,in advance with the prefixed responsible as well as the reasonable discretion and freedom of action is also required to be established within the description made by law code manual settings the procedure and standards of the required working as found necessary in order to establish the transpancy and accountability at every levels of the government .As such RTI act publications have too been issued by the government of India and the state governments to verify the facts on record and furnish documents in order to establish the accountability of the government at all levels for which it is necessary to follow the basic concepts of the office manual and functioning regulated by the various Act and Rules framed for the good governance and accountability of the Government servants

SECRETARIES COMMITTEE AT GOVT LEVEL MEETS EVERY MONTH TO FOLLOW ADMINISTRATIVE REFORMS/ STRETEGY UNDER THE CHAIR MAN SHIP OF CHIEF SECRETARY OF THE GOVT TO RECOMMEND ITS PLANNING

SECRETARIES COMMITTEE ON ADMINISTRATIVE REFORMS :-- The Secretaries Committee which meets each month under the chairmanship of respective Chief Secretary as required to function the management instrument at the highest level of the bureaucracy so as to achieve the strategic planning and coordination and pooling of idea's and the experience collected as operation on the feedback as well as the analysis mechanism necessary for the policy formulation as well as the inter departmental policy coordination. It includes Review of progress which are required to be monitored in the stated Committee including the cabinet decisions , Discussion on the captioned subject matter deliberation noticed as related to on going policies/ strategies effecting more than one Department including the DOPT . Administrative and the economic reforms. Matters arrising out of Vidhan sabha Discussion, including legal , personnel and the financial matters affecting more than one Department.Matters of the inter departmental coordination.The coordination of matters and recommendations are of the advisory nature and final decision on the recommendation made would be taken by the respective departments in accordance with the provision under law code manual

RESPECTIVE CHIEF SECRETARY OF STATE GOVERNMENT MAY CONSTITUTE SECRETARIES COMMITTEE AT GOVT LEVEL TO DESCRIBE THE ADMINISTRATIVE REFORMS

HOW TO DEAL WITH THE FINDINGS OF RTI ACT ADJUDICATION:-- It is a matter of fact and concern that while RTI activists working for the good governance and accountability obtain success in getting the proof and evidence as required for the related information pertinent to the welfare of society and circle however for further information and Complaints required for the Administrative reforms the obtained documents should be placed before the competent higher authority for required reforms and transpancy in the said proposition asked as by the RTI activists and found incomplete or wrong but it is regretted to point that neither the courts are taking interest in resolving the public grievances obtained from the RTI act adjudication nor the public authorities take cognizance inthe required observations even though HOD and the Secretary of the department concerned are responsible to protect the fundamental rights of the RTI activists so Presented before the competent higher authority for redressal of grievances.Keeping in view the decision of the law code manual it is necessary to place such Complaints before the Department of AR as well as the HOD and the Secretary of the department concerned so that motive behind the RTI act publication be accomplished by presenting the wrong interpretation of the PIO as well as others unnecessary delaying and obstructing the required Administrative reforms pointed out by the study of impact assessment realised by the RTI act adjudication for which the respective Chief Secretary of the State must also be furnished with such Complaints being responsible to form Committee of the Secretaries at govt level to deal with the Complaints of the required Administrative reforms, so pointed by the Applicants in this behalf transpancy and accountability as well as removal of corruption from the system of governance

R&P RULES COMMITTEE CONSTITUTED UNDER THE CHAIR MAN SHIP OF CHIEF SECRETARY IS RESPONSIBLE TO SETTLE THE DIFFERENCE OF OPINION

A Committee for the scrutiny of the draft R&P Rules and amendments to existing (R&P) Rules (to be referred as to the Rules Committee) stand constituted as notified vide number Per(AP-11)A(4) / 83 ,Dated 8-9-83 as notified the Chief Secretary as the Chairman and Secretary Finance, Personnel and law as the members and the joint Secretary Personnel as the Member / Secretary .In order to expedite the process regarding finalization of (R&P) Rules the Administrative Department would refer the draft rules to the Personnel Department (A-l l) for scrutiny by the Rules sub committee as Joint Secretary Personnel as the Convener , Deputy Secretary Finance member, Under Secretary Member and the representative of the concerned department as member .The sub committee will submit the proposed draft rules through the Administrative Department to Rules Committee on the file of the Department of the Personnel along with the information to other members.In case of difference of opinion if any between the Administrative Department and the Personnel/ Finance/ Law Department s would be finally settled till clearance by the Rules Committee and where found necessary by the Administrative Department these may be referred to the Public Service Commission .These guide lines shall also be applicable to proposal related to the amendments to existing R &P Rules.

LAW DEPARTMENT MAY BE CONSULTED IN DECIDING MATTER OF INDIVIDUAL CASES RELATED TO THE PROMOTION AND HELD DEPARTMENTAL PROCEEDINGS

It has been noticed that due to delay in deciding the cases in the courts or the held departmental proceedings take unduly long time to come to a conclusion inspite of all efforts and the government servant has to undergo considerable hardship, even where it is not intended to deprive him of promotion for such a long time, In the circumstances the government have considered the question how the hardship caused by the long pendency of disciplinary/ court proceedings to the government servants could be mitigated , As such the delay in deciding the cases/ proceedings whether departmental or in a court of law,is not directly or indirectly attributed to official concerned,so matter has been considered in consultation with the law department and it is felt that there is no legal bar to continue with the departmental action except when there is a stay order by court and it is appreciated that it will be better for the Administrative Department to seek the advice of the law department in such individual cases whether to pend or proceed with the case departmentally in the interest of review and revision of the pending cases required to be settled under law code manual of the procedure for consideration of cases of the government servants under suspension or against whom disciplinary proceedings are pending

STATE GOVERNMENT IN PWD WILL BE THE APPELLATE AUTHORITIY WHILE WORKING IN THE RDD ( JE& AE)

APPOINTING AUTHORITY / DISCIPLINARY AUTHORITIY/ APPELLATE AUTHORITIY:-- The state government vide notification number 2-4/71- Fin(Reg) -11,dated the 30arch ,1974decided that the Central Civil Services Rules will be deemed to have been in force in Himachal Pradesh in respect of various matters covered by them .The appointing and Disciplinary authoritiy in respect of the class 1 to class 4 have been specified separately.The orders contained in notification number 88-45/56 -DP Apptt -11 (1) ,dated 18 May 1974 and 20 September ,1975 shall stand modified to the above extent in so for as they relate to the Assistant Engineer and the junior Engineer of the public Works Department working in the Rural development department.As such the competent authority to impose penalties wrto item number 1to 4 of rule 11of CCS & CCA Rules 1965 is HOD in the RDD and wrto item number 5to 9 of Rule 11of CCS&CCA Rules 1965 HOD in the PWD however in case of penalties specified wrto item number 5to 9 of Rule 11appellate authority will be the State government in the PWD as per the notification No Per(AP -11)A(3) 1/74(1) dated 15-12-1978.

OFFICER OF AN OUTSTANDING MERIT MAY BE INCLUDED IN THE LIST EVEN IF HE IS OUTSIDE THE NORMAL FIELD OF CHOICE.

SELECTION POSTS AND PRINCIPLES FOR PROMOTION:-- The policy of the government settled at the highest level provides that greater emphasis should be placed on merit as a criterion for promotion.The DPC or other selecting authoritiy should first decide the field of choice ie the number of eligible Officers awaiting promotion should be considered for inclusion in the Select list provided however that an officer of outstanding merit may be included in the list of eligible aven if he is out side the normal field of choice. The select list should be periodically reviewed .The names of those officers who have already been promoted ( otherwise than on a local or purely temporary basis ) and continue to officiate should be removed from the list and rest of the names along with others who may now be included in the field of choice should be considered for the select list for the subsequent period .The field of choice, wherever possible should extend to five to six times the number of vacancies expected to be filled within a year .From among such officers those who are considered unfit for promotion should be excluded.Promotion should normally be made from the select list prepared as mentioned above in which the names are finally arranged to place on the basis of merit as a criterion for the promotion required to be issued from the selection posts .

FINANCIAL SANCTION AND THE CERTIFICATE OF GOOD REPUTATION FOR INTEGRITY OUTSTANDING MERIT HAS BEEN PREFIXED ESSENTIAL UNDER LAW CODE MANUAL ALONG WITH THE FINANCIAL SANCTION

GRANT OF EXTENSION / RE- EMPLOYMENT TO GOVT SERVANTS BEYOND THE AGE OF SUPERANNUATION:-- Extension should be made justified in very rare cases for which the public interest should satisfy that other officers are not ripe anough to take over the job or the retiring Officer is of outstanding merit and if there is shortage in a particular specialisation and it is not possible to find suitable successor.Financial sanction of the creation of post must be obtained and the appropriate authority in the Administrative Department should furnish a certificate of integrity where it is proposed to grant the extension that having scrutinized the character roll and personal file of (name along with offical description) having taken in to account all other relevant available information, I certify that he/ she has a good reputation for integrity , however no government servant who is on extension of service after the prescribed date of retirement should be promoted to another post during the period of the extension of service

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