MY THOUGHTS ON GOVERNANCE & CONTAIN CORRUPTION

socio economic census , curbing public expenditure & effrective team work.

2011-10-23T19:23:00.000-07:00

For socio economic census on observation it has been found that the same exercise might have been done synchronizing the datas of National population Register as well as of census 2011 though let us see the rationale of government of doing it separately.

I stunned to realize that most of my co-participants definition of being practical is very different. When one has to complete the time bound task though ready to compromise with regard to mobilization of manpower, giving exemption to influential from the task. How one can have simultaneously to achieve the time bound target as well as to oblige some from being team member of core group?

On discussing with many of colleagues & co participants almost all agrees with the contemplation that to control fiscal deficit or reducing inflation non plan expenditure Or public expenditure extravaganza, lavishness must be curtained But none is willing to take inititiative to convey the feeling to higher up to implement economy measures. rather every body escape saying that is not going

Crusade for appointment of right person on right job in public authority Notice issued by H/ High Court

2011-10-04T08:32:00.000-07:00

SCA/13901/2011 2/2 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

SPECIAL CIVIL APPLICATION No. 13901 of 2011

=========================================================
ROHITKUMAR ROOPSINH CHAUDHARY & 1 - Petitioner(s)
Versus
STATE OF GUJARAT & 4 - Respondent(s)
=========================================================
Appearance :
MR DIPAK R DAVE for Petitioner(s) : 1 - 2.MRDIPAKDJOSHI for Petitioner(s) : 1 - 2.
MS. JIRGA JHAVERI, AGP for Respondent(s) : 1,
None for Respondent(s) : 2 - 5.
=========================================================
CORAM : HONOURABLE MR.JUSTICE ANANT S. DAVE

Date : 16/09/2011

ORAL ORDER

Heard learned advocate Mr.D.R. Dave for the petitioners.

It is submitted that by the resolution dated 4th January 2010, Department of Urban Development, State of Gujarat has approved qualifications for appointment of Deputy Municipal Commissioner as required under Section 45(2), 51(4) and Section 455(1) of Bombay Provincial Municipal Corporation Act 1949. As per the above approval, respondent no.4 does not possess the requisite qualification of law graduate. Besides, upgradation of the post by the State Government and consequential effect given by the Municipal Commissioner, Surat, without appropriate resolution of the Corporation is illegal.

In view of the above, notice returnable on 28th September 2011. Direct service is permitted.

(ANANT S. DAVE, J.)

Crusade for appointment of right person on right job in public authority Contention taken in SCA 13901 of 2011

2011-10-04T08:29:00.000-07:00

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

DISTRICT : SURAT

SPECIAL CIVIL APPLICATION NO.___________ OF 2011

ROHITKUMAR ROOPSINH CHAUDHARI & HIRNESHKUMAR S. BHAVSAR Petitioners

VERSUS

THE STATE OF GUJARAT & ORS. .. Respondents

I N D E X

Sr.
No. Annexure Particulars Page Nos.
1. - List of Events & annexures A to U
2. - Memo of the petition 1 to 30
3. A Profile of petitioner No. 1
4. B Profile of petitioner No. 2
5. C Provisions of section 45(1) to (7) under the BPMC Act 1949
6. D Provisions of section 51(1) to (4) under the BPMC Act 1949
7. E Provisions of section 454 to 457 prescribing qualifications, making rules subject to approval of state & approval of the state under the BPMC Act 1949
8. F Provisions of section chapter 3 rule 1 to 4 method of appointment under the BPMC Act 1949
9. G Resolution passed by Administrator SMC
Dt.30-03-1995
10. H Resolution passed by Urban development ministry Gujarat State Dt.29-08-2005 upgrading post of Asst. Municipal commissioner in to Deputy Municipal commissioner in the same pay scale
11. I Resolution passed by General Board of SMC Dt 29-08-2008 creating posts of Deputy &Asst. Municipal commissioners with prescribing recruitment rules under section 457 of the BPMC act
12. J A true copy of the Advertisement dated 29.12.2008 issued by the Surat Municipal Corporation. 26 to 27
13. K Copy of details showing candidatures of petitioner No. 1 & 2 & respondent 4 & 5 in response to advertisement
14. L A copy of Resolution dated 04.01.10 issued by the urban development department of State Government. Sanctioning the posts & prescribibg recruitment rules duly amednded. 28 to 32
15. M A copy of letter of Municipal commissioner surat Dt. 27-01-2010 requesting urban development department of State of Gujarat to upgrade the post of existing two Asst. Municipal commissioners in to Deputy municipal commissioners in violation of statutory provision
16. N Reminder letter Dt. 30-03-2011 by Deputy municipal commissioner Personnel & inquiry SMC to urban development department of state with reference to letter of commissioner Dt. 27-01-2010 to upgrade two posts of AMC in to Deputy Municipal commissioner along with the officers presently on the posts.
17. O
A true copy of resolution dated 08.06.2011 issued by the urban development ministry of State Government upgrading & promoting respondent two officers against statutory provisions, who are also candidates for the advertised posts by corporation. 33 to 34
18. P A true copy of Office Order dated 08.06.2011 issued by the commissioner Surat Municipal Corporation upgrading & redesign ting to two respondent officer in question. who are also candidates for the advertised posts by corporation. 35
19. Q A true copy of board meeting agenda notice dated 18.07.2011 mentioning item 13which is in dispute to transect the business on Dt. 27-07-2011 board meeting & Copy of SMC board resolution Dt.27-07-2011 taking note of resolution of state Dt. 08-06-2011 36
20. R Copies of representation made by petitioner 2 by E. mails to the State of Gujarat on Dt. 01-06-2010,13th July 2011,19th July, 20th July,&22nd July 2011
21. S Copy of order of H/ High court dated 27th July 2011 in SCA 9216 of 2011 filed by the petitioners in
H/ Gujarat High court
22. T Copy of representation made by petitioners Dt. 03rd Aug 2011 to respondent No. 1 To 3 in view of order of H/ High court Dated 27th July 2011
23. U Reply by respondent No.3 Dt.30th August 2011, by respondent No. 1 Dt. 3rd Of September 2011 While no response from respondent No. 2 in response to representation made by petitioners.

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

DISTRICT : SURAT

SPECIAL CIVIL APPLICATION NO.___________ OF 2011

ROHITKUMAR ROOPSINH CHAUDHARI & HIRNESHKUMAR S. BHAVSAR. Petitioners

VERSUS

THE STATE OF GUJARAT & ORS. .. Respondents

LIST OF EVENTS

Date Particulars
21.03.1995 The petitioner no.1 was appointed on the post of Departmental Inquiry Officer and, thereafter, he was appointed on the post of Personnel Officer (Recruitment) since 06.03.1996. The petitioner no.1 is possessing the qualification of B.Com., LL.M. and Diploma in Human Resources Development. Petitioner has performed the duties of personnel, administration, inquiry officer, presenting officer, Octroi Superintendent, Assessment & recovery Officer, & like others of revenue, administrative & quasi judicial nature while in service in Surat municipal corporation. Thus multi faceted, multi dimensional exposure In public administration
25.07.1996 The petitioner no.2 was appointed on the post of Personnel Officer. The petitioner is possessing qualification of B.Com, LL.M. Master of Public Administration and the Government Diploma in Cooperation and Accountancy. Petitioner has performed the duties of personnel, administration, inquiry officer, presenting officer, Octroi Superintendent, Exam paper setter, examiner & evaluator for departmental examination for recruitment of officers & employees & like others of revenue, administrative & quasi judicial nature while in service in surat municipal corporation. Petitioner also impart training to Government & public staff regarding RIGHT TO INFORMATION act, Disaster Management & Public Administration as visiting faculty at Sardar Patel Institute of Public administration, Surat since 2005. Thus multi faceted, multi dimensional exposure In public administration

30-03-1995 Administrator of Surat Minicipal corporation passed resolution sanctioning up gradation & re designation of the posts of Asst. Municipal commissioner, Asst. municipal commissioner (personnel & inquiry) & Asst. municipal commissioner (Finance) along with names of persons holding particular posts at that time in to Deputy Municipal commissioner, Deputy municipal commissioner (personnel & inquiry) & Deputy municipal commissioner (Finance) within the same pay scale prevailing at that time i.e. 3000-4500 under G.C.S.R pay rules 1987 vide resolution No. 1806
29-08-2005 The Urban development department of State Government of Gujarat issued Resolution upgrading the post of Asst. municipal commissioner (personnel & inquiry) in to Deputy municipal commissioner (personnel & inquiry) along with the officer performing as Asst. municipal commissioner (personnel & inquiry) with reference SMC resolution dated 30-03-1995
29-08-2008 General Board of Surat Municipal corporation passed the resolution creation 4 posts of Deputy, 8 posts Asst. municipal commissioners & others. Vide resolution No. 579
29.12.2008 The Surat Municipal Corporation issued an advertisement inviting applications for some of various posts out of posts created vide resolution No 579 Dated 29-08-2008 subject to approval of state Government of Gujarat. The Col.No.1 of the advertisement describes the post & No. 2 describes the qualifications of the post of Deputy Municipal Commissioner which is in dispute. The qualification for the above said post was graduation from recognized university and Law graduate or post graduate in any stream.

04.01.2010 The Urban development department of State Government of Gujarat issued Resolution sanctioning the qualifications for the posts created by general Board of SMC for Surat Municipal Corporation. Col.No.2 of Page No. 2 describe the post of Deputy Municipal Commissioner and the qualification for the post of Deputy Municipal Commissioner. Which is graduate from recognised University and law graduate or postgraduate and law graduate. By the said Resolution, the State Government made mandatory the degree of law for the post of deputy municipal commissioner in Surat Municipal Corporation which is in dispute. Setting aside the qualification prescribed by Board up to the extent of post Graduation.
27-01-2010 Municipal commissioner surat requested State of Gujarat by letter Dt. 27-01-2010 to upgrade the post of existing two Asst. Municipal commissioners in to Deputy municipal commissioners in violation of statutory provision
30-03-2011 Deputy municipal commissioner Personnel & inquiry SMC again send reminder to the urban development department of state with reference to letter of commissioner Dt. 27-01-2010 to upgrade two posts of AMC in to Deputy Municipal commissioner along with the officers presently on the posts.
08.06.2011 The State Government issued resolution upgrading the post of Assistant Municipal Commissioner and the Assistant Municipal Commissioner (Finance)& simultaneously promoting Shri C.Y.Bhatt & Sharad N.Mehta respectively two upgraded posts in violation to statutory provision referring the Resolution passed by the respondent-Corporation on 30.03.1995.
08.06.2011 The Commissioner, Surat Municipal Corporation issued an Office Order, whereby the respondent no.4 Shri C.Y. Bhatt presently working as Assistant Municipal Commissioner in the services of the Surat Municipal Corporation is upgraded and designated as Deputy Municipal Commissioner and the respondent no.5, Shri S.N. Mehta presently working as Assistant Municipal Commissioner (Finance) in the services of the Surat Municipal Corporation is upgraded and designated as Deputy Municipal Commissioner (Finance).
18 .07.2011 A true copy of board meeting agenda notice dated 18.07.2011 mentioning item 13 which is in dispute to transect the business on Dt. 27-07-2011 board meeting & copy of resolution passed by SMC Board in this regard on Dt. 27-07-2011 taking note of resolution of state
Copies of representation made by petitioner 2 by E. mails to the State of Gujarat on Dt. 01-06-2010,13th July 2011,19th July, 20th July,&22nd July 2011
30-08-2011 Reply by respondent No.3 i.e. municipal commissioner in response to representation by petitioners on Dt3rd August 2011 While no response or reply from respondent No. 2 i.e. corporation of Surat
03-09-2011 Reply by respondent No.1 i.e. State Government of Gujarat in response to representation by petitioners on Dt3rd August 2011

Thus, the respondent authorities without following due procedure prescribed under the law have arbitrarily & illegally promoted & appointed the respondent nos.4 and 5 on the post of the Deputy Municipal Commissioners.

Hence, this petition for appropriate orders and direction from this Honorable Court mainly on the following grounds :-
(A) The Promotion & appointment of the respondent nos.4 and 5 are without following due procedure& scrupulously following the procedure of mode of appointment prescribed under the BPMC Act. Under section 45 & chapter 3. Under these provisions general Board of the corporation is empowered to create the post of deputy municipal commissioner under section 45(2) subject to approval of state under section 45(3). In the case under dispute general board has made resolution way back in 1995 to redesign ate the post of AMC in to DMC as the pay scales of both were same & equal thus it was limited to the officers performing as AMC then as it was resolved to redesign ate with name. Such resolution has never been made for respondent No. 4& 5 prior to promotion & appointment by state. State of Gujarat is empowered to fill the posts after creating if general board who is appointing authority fails to make appointment within 4 months of creation of posts. In the case under dispute state has never given the opportunity to fill up the posts to appointing authority. Proposal to upgrade two existing posts of AMC was made by municipal commissioner without sanction or permission of board which it self is ultra virus.
(B) The Promotion & appointment of the respondent nos.4 and 5 are without jurisdiction, as there is no provision of direct promotion for any officer of section 45 under the BPMC Act. Thus ultra virus.
(C) The respondent authorities have given promotion & appointments to the respondent nos.4 and 5 only with a view to favour them for the reasons best known to them. Though respondent No. 4 is not fulfilling the basic qualifications prescribed under the BPMC act by state of Gujarat. While higher qualified candidates have already applied for the posts of DMC though it has been kept unprocessed.
(D) That, the respondent no.4 though does not possesses degree of law graduation, while to the respondent No. 5 without scrupulously following the procedure of mode of appointment both have been promoted & appointed on the post of deputy Municipal commissioner. Though invited applications for the posts of deputy municipal commissioners are pending since more than one & half year in which respondents 4 & 5 are also candidates. Thus it is in violation of constitutional provisions under article 14 & 16. Thus it is a backdoor entry on public posts of public authority.
(E) The respondents have violated the provisions of section 45 & chapter 3 of method of appointment coupled with provisions of section 51(4) the Bombay Provincial Municipal Corporation Act. 1949.
(F) As per the various provisions of law, under section 51(4), 45 & chapter 3 of rules under BPMC ACT a fit person possessing required qualifications should only be appointed by following due process before appointment. Necessary procedure as required under the Law & as also under the article 14 & 16 is also required to be undertaken. This has not been done in the case under dispute.
(H) It is also pertinent to note that before giving any appointment or promotion No. objection certificate from vigilance & inquiry department is sought by every appointing authority. While in this case None of the respondent have ever bothered to seek it for respondents No. 4 & 5 before promoting & appointing. It also indicative that petitioners have already performed & are performing as departmental inquiry officers & presenting officer. And as matter came to their notice in one of the financial scam to the tune of Rs. More than 24 lakhs which has been recovered from the delinquent after inquiry, respondent No. 4 was his immediate superior. Thus needle of suspect goes to respondent No. 4 Honorable court may call the papers of inquiry from respondent No. 2 & 3
(I) Respondent No. 1 has mentioned in it’s resolution Dt. 8th June 2011 that after careful consideration & as resolved by the General board of Surat on Dt. 30-03-1995 respondent No. 4 & 5 are promoted & upgraded.
Now if Looked at resolution of Board/ administrator Dt. 30th March 1995 it was limited to than officers only, also it was limited to than prevailing pay scales which were equal for the posts of Asst. & deputy municipal commissioners. While in present case there was no such resolution passed by General Board of corporation for the respondent No. 4 & 5. Also in the case under dispute pay scales of both posts are higher. And in that case proposal of board under section 45(2) of the BPMC act followed by sanction of state under section 45(3) is mandatory read with section 51(4). This has never been done in present case.
Under the circumstances it becomes incumbent on the part of state to look in to these statutory provisions before sanctioning the posts & promoting & appointing the respondent No. 4 & 5. Though nothing has been considered by state who is guardian of local self government under section 451 of the BPMC ACT. Than How the claim of respondent No. 1 the State of careful consideration is logical, plausible & consistent with statutory provisions.

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

DISTRICT : SURAT

SPECIAL CIVIL APPLICATION NO.___________ OF 2011

In the matter under Articles 14, 16 & 226 of the Constitution of India;
And
In the matter against the appointment of Shri C.Y,Bhatt and Shri S.B. Mehta on the post of Deputy Municipal Commissioner without following due procedure of law;
And
In the matter under the provisions of the Bombay Provincial Municipal Corporation Act, 1949
And
In the matter between………………

1) ROHITKUMAR ROOPSINH CHAUDHARI
Aged : 56 Years.
Residing at
25, Ramdevnagar Society,
Nr. Shantiniketan School,
Palanpur Road, Surat.

2) HIRNESHKUMAR SHARADCHANDRA BHAVSAR,
Aged : 47 Years.
Residing at
A/11, Shri Ramkrushna Raw House,
Besides Subhas Garden,
Jahangirpura Road, Surat. .. Petitioners

VERSUS

1) THE STATE OF GUJARAT,
(Notice to be served through
The Secretary,
Urban Development & urban housing development Department,
Sachivalaya, Gandhinagar).
2) THE SURAT MUNICIPAL CORPORATION
(Notice to be served through
The Municipal Commissioner,
Having its office at
Muglisara, Surat).
3) THE MUNICIPAL COMMISSIONER,
Surat Municipal Corporation,
Municipal Commissioner,
Surat (Muglisara),
Surat.
4) SHRI C.Y. BHATT
Deputy Municipal Commssioner,
Surat Municipal Corporaion,
Muglisara, Surat.
5) SHRI S.N. MEHTA
Deputy Municipal Commssioner(F),
Surat Municipal Corporaion,
Muglisara, Surat. ..Respondents

To,
HON'BLE THE CHIEF JUSTICE
AND OTHER COMPANION HON'BLE
JUDGES OF THE HIGH COURT OF
GUJARAT AT AHMEDABAD.

HUMBLE PETITION OF THE
PETITIONERS ABOVE NAMED

MOST RESPECTFULLY SHEWETH THAT
1. The petitioners herein are the national and citizens of India and are entitled to the protection of the fundamental rights guaranteed under the Constitution of India. That, the respondent nos.1 to 3 are the public authorities of the State Government and, hence, "State" within the meaning of Article 12 of the Constitution of India.
2. The petitioners submit the following brief facts for kind consideration of this Hon'ble Court:-
2.1 That, the petitioner no.1 was appointed on the post of Departmental Inquiry Officer on 21.03.1995 and, thereafter, he was appointed on the post of Personnel Officer (Recruitment) since 06.03.1996. That, the petitioner no.1 possesses the qualification of B.Com. LL.M. and Diploma in Human Resources Development. Petitioner No. 1 has performed duties of personnel ,administration, recruitment, octroi superintendent, Assessment & recovery officer, General administration, financial , departmental inquiry officer , presenting officers & such other in officer category. Thus multi dimensional multi faceted exposure in public administration & governance. Profile is enclosed herewith marked as annexure A
2.2 That, the petitioner no.2 was appointed on the post of Personnel Officer on 25.7.1996. That, the petitioner is possessing qualification of B.Com., LL.M. Master of Public Administration & the Government Diploma in Cooperative of Accountancy. Petitioner No. 2 has performed duties of personnel ,administration, examination paper setter, & examiner for recruitments of public post in the category of employee & officers, octroi superintendent, General administration, financial , departmental inquiry officer , presenting officers & such others in officer category. Petitioner No. 2 is also imparting training to government& public authority’s employees & officers for the subjects of RIGHT TO INFORMATION, DISASTER MANAGEMENT & PUBLIC ADMINISTRATION. through sardar patel institute of public administration, surat as a visiting faculty. Thus multi dimensional multi faceted exposure in public administration & governance.
Profile is enclosed herewith marked as annexure B
2.3 General Board of Surat Municipal corporation passed the resolution for the creation of 4 posts of Deputy, 8 posts Asst. municipal commissioners & others. Vide resolution No. 579 under section 51(4) ,45(2),457, & 454 where in first provide for creation of post /new office exceeding certain pay scale, second one provide for creation of posts of deputy & asst. municipal commissioners, third provides for prescribing recruitment rules & qualifications & fourth provides for making rules.
All enclosed marked as annexure D,C, & E respectively
2.4 That, the Surat Municipal Corporation issued an advertisement dated 29.12.2008 inviting applications for some of various posts. out of posts created vide resolution No 579 Dated 29-08-2008 subject to approval of state Government of Gujarat. The Col.No.1 of the advertisement describes the post & No. 2 describes the qualifications of the post of Deputy Municipal Commissioner which is in dispute. The qualification for the above said post was graduation from recognized university and Law graduate or post graduate in any stream. A true copy of the Advertisement dated 29.12.2008 issued by the the Surat Municipal Corporation is annexed hereto and marked as Annexure-J to this petition.

2.5 That, the petitioners were & are possessing not only above stated but higher qualification as well as experience as required in the above said advertisement. Both the petitioners applied for the post of Deputy Municipal Commissioner. Copy annexed as annexure K
2.6 That, the State Government issued Resolution dated : 04.01.2010 prescribing the qualifications for the posts created vide resolution Dt.29-08-2008 of general board of Surat, for Surat Municipal Corporation. Under section 51(4), 45(2),coupled with 455 of the BPMC Act The Col.No.2 provides about the post of Deputy Municipal Commissioner and the qualification mentioned in column for the post of Deputy Municipal Commissioner is graduate from the University and law graduate or postgraduate and law graduation. A copy of Resolution dated 04.01.2010 issued by the State Government is annexed hereto and marked as Annexure-L to this petition along with annexure D,C, & E
2.7 That, the State Government asked higher than qualification prescribed by the Surat Municipal Corporation. However, the graduation in law is made mandatory to apply for the post of Deputy Municipal Commissioner in the Surat Municipal Corporation. Annexure-L
2.8 That, the Surat Municipal Corporation has not appointed the Deputy Municipal Commissioner pursuant to the above said advertisement. That, in spite of giving preference to the advertisement and regular selection for the post of Deputy Municipal Commissioner, the State Government and commissioner Surat Municipal Corporation adopted another illegal procedure to fill in the post of the Deputy Municipal Commissioner for particular persons to give them back door entry in the Surat Municipal Corporation. Letter of municipal commissioner Dt. 27-01-2010 & deputy municipal commissioner Dt. 30-03-2011 annexure M & N
2.9 That, the State Government issued resolution dated 08.06.2011 upgrading the post of Assistant Municipal Commissioner and Assistant Municipal Commissioner (Finance).& simultaneously promoting & appointing respondent No. 4 & 5 arbitrarily, illegally capriciously & ultra virus. As the creation of posts under section 51(4) read with 45(2) falls in the jurisdiction of state but appointing authority is general board of surat. Also it is in gross violation of state resolution Dt. 04-01-2010 prescribing law degree mandatory for the posts in dispute & which are as part of rules under BPMC Act section 457 & chapter 3 are existing & already in operation. Thus up to the extent of sanctioning post of DMC it is o.k. but latter part of promoting & appointing two officers i.e. respondent 4 & 5 by the state directly before situation arise under section 45(6) is void ab initio. As they are also candidates for the advertised posts by corporation, A true copy of resolution dated 08.06.2011 issued by the State Government is annexed hereto and marked as Annexure-O & K to this petition.
2.10 It is pertinent to note that the State Government has issued the above said Resolution pursuant to the Resolution passed by the respondent-Corporation on 30.03.1995, letters of commissioner & respondent No. 3’s letter dated 27-01-2010 & deputy commissioner’s letter Dated 30-03-2011. Where in by said resolution of administrator dated 30-03-1995 categorically mentioned that pay scales of all three posts of AMC which proposed to redesign ate in to DMC for the than existing officers with name are equal. Thus it was out of ambit of section 51(4) i.e. creation of new office or posts under section 45(2) which requires resolution of general board too in this regard in case of increase in the pay scale or change of officers other than proposed.
While letter of respondent No. 3 dated 27-01-2010 followed by reminder of Dt. 30-03-2011 proposing state government to upgrade the posts of respondents No. 4 & 5 with name in to deputy municipal commissioners are it self ultra virus in the absence of any consent or proposal of general board who is appointing authority of both. It is also illegal up to the extent proposing for unqualified person i.e. respondent No.4. Thus arbitrary & capricious in manner. Also it is in violation of article 14 & 16 of the constitution of India which has deprived rest of the contenders of advertised deputy municipal commissioners posts including present petitioners who are higher qualified & more experienced.
2.11 That, the commissioner, Surat Municipal Corporation issued an Office Order dated 08.06.2011, i.e. on the same date of state resolution, whereby the respondent no.4, Shri C.Y.Bhatt than working as Assistant Municipal Commissioner in the services of the Surat Municipal Corporation is upgraded and promoted as Deputy Municipal Commissioner. And also he has been given the department of recruitment which has to take care of appointment of right person on right job in public appointment. That, the respondent no.5, Shri S.N.Mehta presently working as Assistant Municipal Commissioner (Finance) in the services of the Surat Municipal Corporation is upgraded and promoted as Deputy Municipal Commissioner (Finance). Which is illegal, arbitrary, unjust, un prudent, irrational, implausible, undemocratic, non transparent, unaccountable capricious in nature, showing undue favors of respondent NO. 4 & 5. Also it is note worthy that any such resolution is to be put up before general board i.e. appointing authority & than accordingly it should be processed. While in this case commissioner had without bidding an eyelid gave the appointment with more than the velocity of sunlight, without bothering to put up proposal of revised qualification or resolution of state upgrading & promoting both respondent to the general board. A true copy of office order dated 08.06.2011 issued by the Surat Municipal Corporation is annexed hereto and marked as Annexure-P to this petition.
2.12 That, the Surat Municipal Corporation has issued a note/advertisement in the newspaper dated 19.07.2011 of board meeting agenda stating that matters mentioned in it will be placed before the monthly General Meeting, which will be held on 27.07.2011 for the approval.
That, the Item No.13 was for taking note, of promotion, up gradation and appointment of the respondent nos.4 and 5 on the post of Deputy Municipal Commissioner. Thus, the Surat Municipal Corporation had kept the above said item in the agenda for taking note of promotion, up gradation and appointment of the respondent nos.4 and 5 on the post of Deputy Municipal Commissioner. And subsequently general Board has taken note of such illegal, unjust, Arbitrary & capricious resolution coupled with illegal appointment by commissioner, on the schedule meeting. A true copy of newspaper cutting /board agenda dated 19.07.2011/ 18-07-11 is annexed hereto and marked as Annexure-Q to this petition.

2.13 That in pursuance to appointment of respondent No. 4 & 5 on behalf of petitioners, petitioner No 2 had already represented the matter to respondent No. 1 state of Gujarat by E. mails dated 13th July,2011,19th July,20th July & 22nd July 2011 through the R/secretary Urban development, R/Legal secretary, & R/principle secretary to H/E Governor in this regard & requested to restrain the corporation from doing further action in this regards along with request to quash the appointment of respondent No. 4 & 5.
Even prior to that on completion of four months of advertisement inviting applications for the posts in dispute petitioner No. 2 by E. mail dated 1st June 2010,sought the information from state of Gujarat whether it is going to fill up the posts kept vacant by corporation invoking it’s powers under section 45(6)
But no any actions were initiated in this regard.
Annexure R
2.14 That Ultimately petitioners had resorted Honorable this court by SCA 9216/2011 in the month of July seeking legal remedy & preying justice in this regard.
In the matter of which H/ Justice court No 4 had issued the order directing petitioners to represent the matter before respondent No. 1 to 3 within 15 days from the receipt of order & also directing respondent No. 1 to 3 to consider such representation made by the petitioners & examine the grievance of present petitioners and then to pass appropriate reasoned order within a period of one month from the date of receipt of receiving representation from petitioners & communicate the decision to petitioners immediately.
Annexure S
2.15 That the petitioners in view of H/ High Court order Dated 27th July 2011 represented the matter to respondent No. 1 to 3 on Dt. 3rd August 2011 seeking quashing of appointment of respondent No. 4 & 5 & also preying to give appointment to petitioners either on upgraded posts or on the vacant post following due process.
Annexure T
2.16 That petitioners have received reply from only respondent No. 1 & 3 i.e. State of Gujarat & Municip0al commissioner respectively Which are also not the reasoned reply as ordered by & directed by H/ High court/ While No reply from respondent No. 2 which is contempt of H/ High court.
Received replies are not satisfactory, just, reasoned & redressing the grievance of petitioners. On the ground _
On completion of stipulated period/ 30 days against the deadline of 30 days no reasoned order for petitioner’s grievance is being received from respondent no. 2 While the reply received from respondent No.1 & 3 are not reasoned order. As reply of respondent No 1 the State of Gujarat has describes regarding our prime grievance that the posts of respondent No 4 & 5 are upgraded in response to proposal of administrator Dt. 1995 & in pursuant to commissioner & corporation’s proposal to do so in view of extended area of municipal corporation. While regarding recruitment of posts it narrates that it is to be filled up by corporation. But state’s reply is mysteriously silent about legality & merit of the up gradation of posts in the context of statutory provisions under section 51 i.e creation of new office, section 45(2) appointment of fit person possessing prescribed qualifications under rule 3 of the chapter 3 of the BPMC Act. It is pertinent to note that 1995 resolution of administrator was limited to those three officers , at that time none of the respondent no 4 or 5 was serving as Asst Municipal corporation, The pay scales & qualifications of Dmc & Amc posts were one & equal. While at present it is different. It is also indicative that when pay scales are higher than it tantamount to creation of new office u/s 51, for which proposal & resolution of general board who is appointing authority is mandatory, which is not followed in present case. Also to be noted that when the person is to be appointed he should possess prescribed qualification under the rules which is not fulfilled by respondent No. 4 that he is having no law degree. It is also note worthy that state of G8ujarat it self has prescribed qualification under section 45(2) by it’s resolution Dt. 04-01-2010 though it has not been scrupulously followed in the case under dispute. While respondent No 3 municipal commissioner’s reply Describes for our prime grievance it has issued office order Dt 8th June 2011. in pursuant to state government resolution Dt. 8th June 11. Thus passed on the buck on state Government. Also reply is silent about legality of appointment of respondent No. 4 & 5. While it also seems to have materially suppressed the fact, because it narrate that corporation has issued the office order but as per general board agenda there is no mention of such office order business on board meeting to issue office order. Board has taken the note that is also after issue of office order by municipal commissioner. Also regarding the process of applications invited it indicate that corporation has not taken any steps but in our petition corporation as well as municipal commissioner both are respondent thus it is silent about process done at the level of municipal commissioner. It is also pertinent to note that reply narrate that corporation is going to issue fresh advertisement but when the matter is subjudice & contention to fill up the post from amongst received application is raised by petitioners in H/ high court the action likely to be taken is prejudicial to the petitioners. Also it is cryptic silent about approval of general board to do so. As under BPMC Act corporation & commissioner both are different authorities
2.17 That, the petitioners have applied for the post of Deputy Municipal Commissioners. That, the petitioners are eligible and entitled to be considered pursuant to the above said advertisement and recruitment rules approved by the State Government on the post of Deputy Municipal Commissioner. That, in spite of giving importance to the advertisement and Recruitment rules approved by the state, and in spite of procedure prescribed for the appointment on the post of the Deputy Municipal Commissioner pursuant to the above said advertisement & state resolution prescribing qualification, the State Government respondent no. 1 and the respondent-No. 3 & 2 commissioner & Corporation have resorted illegal ways & means and appointed the respondent nos.4 and 5 in gross violation of state of Gujarat’s resolution Dt. 04-01-2010 prescribing essential qualification which is part of BPMC Act rules under chapter 3, and also making mockery of method of appointment under chapter 3 rules & provisions of section 45 of the BPMC act. Thus flouting existing rules & provisions, under the guise of up gradation on the posts of deputy municipal commissioner which is in dispute.
2.18 That the respondent No.1 to 3 are not going to recruit the posts of Deputy municipal commissioners & Asst Municipal commissioners from the applications received . As per their previous couple of behaviors until their desired candidates are not befitting in to the criteria, respondent No 2 & 3 had in past not recruited the candidates from invited applications. Rather invited applications were filed by couple of years without citing any reasons in the past. Also all that time respondent No 1 remained silent & inactive. Even respondent No 2 & 3 had acted in the past up to the extent to revise recruitment rules befitting to their criteria & to select them in past & respondent No 1 had never invoked it’s statutory powers under section 45(5) & (6) as well as under section 451 of the BPMC Act.
Even respondent No 2 & 3 had acted with malafide intention in past & we have apprehension of similar reaction in present case Though the matter is subjudice before a month & petitioners have already invoke the issue before H/ court seeking to recruit right person for right job from amongst invited applications.
3. Being aggrieved and dissatisfied with the aforesaid illegal, arbitrary, unjust, un prudent, irrational, implausible, undemocratic, non transparent, unaccountable, capricious in nature, undue favoring respondent NO. 4 & 5, actions on the part of the respondent authorities by appointing the respondent nos.4 and 5 on the post of the Deputy Municipal Commissioner in gross violation of existing rules & regulations & without following proper, just, prudent, democratic, rationale, plausible, transparent & accountable procedure, the petitioners beg to challenge the same on the following main amongst other grounds that may be urged at the time of hearing of this petition.
: G R O U N D S :
(A) The petitioners submit that the action of the respondent nos.1 to 3 of appointing the respondent nos.4 and 5 on the post of the Deputy Municipal Commissioner in the Surat Municipal Corporation is illegal, arbitrary, unjust, un prudent, irrational, implausible, undemocratic, on transparent, unaccountable, capricious in nature, undue favoring respondent NO. 4 & 5 ,malafide and violative of Articles 14 and 16 of the Constitution of India.
(B) The petitioners submit that the respondent-Corporation issued an advertisement on 29.12.2008 and invited the applications for the post of Deputy Municipal Commissioner and in pursuance of the said advertisement, the petitioners had applied for the above said post. It is, therefore, submit that for filling up the said post, the Surat Municipal Corporation is required to follow proper procedure for the appointment pursuant to the above said advertisement. It is, however, submitted that the respondent nos.4 and 5 have been appointed on the post of Deputy Municipal Commissioner without following due procedure. As No. 4 is not possessing essential qualification while regarding No. 5 No method of appointment is scrupulously followed Therefore, this Honorable Court may be pleased to issue necessary orders and directions to the respondents authorities for following due procedure & consider existing recruitment rules, regulations & provisions of the act before confirming appointing the respondent nos.4 and 5.
(C) The petitioners submit that the petitioners are not only duly qualified but also possessing preferential & added , higher qualification & multi exposure with wide experience for being considered on the post of the Deputy Municipal Commissioner. The petitioners submit that on the contrary, the respondent no.4, Shri Bhatt is not law graduate and thereby he does not fulfill the requisite educational qualification for the post of Deputy Municipal Commissioner. Therefore, the respondent no.4 ought not to have been appointed on the post of the Deputy Municipal Commissioner.
(D) The petitioners submit that the promotion of the officers of section 45 BPMC ACT is not provided under the Law. Respondent No. 1 solely relied on the letter of municipal commissioner & respondent No 3 to promote & upgrade. It is pretty clear from the resolution of state where in no reference of general board under section 45(2) coupled with 51 (4) is there from the board The appointing authority. While municipal commissioner is neither appointing authority nor superior to board as per BPMC Act. The petitioners submit that the entire exercise of the respondent nos.1 to 3 in promoting and appointing the respondent nos.4 and 5 on the post of Deputy Municipal Commissioner is contrary to law and contrary to the provisions of the Bombay Provincial Municipal Corporation Act, 1949.
(E) It is most humbly submitted that the Surat Municipal Corporation is a local self Government and Urban Local Body under the Article 243 of the Constitution of India and thereby "State" within the meaning of Article 12 of the Constitution of India. Therefore, the Surat Municipal Corporation ought to have acted in fair manner. Also looking to the 74th constitutional amendment & given autonomy to local self government state of Gujarat aught not have snatched the SMC from enjoying it’s statutory powers by directly promoting & appointing the respondents No. 4 &5

(F) The petitioners submit that as per the provisions of the Bombay Provincial Municipal Corporation Act, 1949, more particularly, Section 45 of the said Act is made for Municipal Officer and servant and their appointment and their service. Under Section 45(2) of the said Act, the Corporation may from time to time at the approval of the State Government create an appointment of the Deputy Municipal Commissioner or Assistant Municipal Commissioner. The provisions of the said Act also say that the Corporation may appointment a fit person or fit person to such appointments.
The petitioners submit that in the instant case, though the respondent no.4 herein does not possess requisite qualification, he has been given appointment on the post of the Deputy Municipal Commissioner against the rules enshrined under chapter 3 methods of appointment & section 45 of the BPMC act. Therefore, this Honorable Court may be pleased to issue necessary orders and directions to the respondent authorities for following due procedure.
(G) The petitioners submit that the method of the appointment as provided under Chapter 3 of the Annexure-A of the Bombay Provincial Municipal Corporation Act,1949 provides that " No person shall be appointed to any of the post." The power of the appointment to which vest in the Corporation unless he possesses the qualification prescribed in this behalf under Rule 3.
(H) The petitioners submit that Rule 3 categorically says that such qualifications will be in the approval of the State Government, who may in granting such approval such modification in or addition to the qualification prescribed by the Corporation as it deems fit.

(I) The petitioners submit that the powers to make such Rules are given to the Corporation under Section 457(3) of the said Act, which are subject to Section 454 of the said Act. It also provides that the power to make, add to, alter to or rescind any rule under Section 454 shall be subject to the sanction of the State Government which further provides under Section 455(2) that all rules made under Section 454 shall be finally published in official gazette and shall there upon have effect as narrated in this Act.
(J) The petitioners submit that as per the above narrated provisions, the Surat Municipal Corporation had prescribed the qualifications for the post of Deputy Municipal Commissioner and the Assistant Municipal Commissioner vide General Board Resolution No.75/2008 dated 29.8.2008. By the said Resolution, the Surat Municipal Corporation had created three posts of the Deputy Municipal Commissioner and eight posts of Assistant Municipal Commissioner, apart from one post of the Deputy Municipal Commissioner to be filled on deputation. In response to the Surat Municipal Corporation's such approval, the State Government, Urban Ministry had sanctioned all posts of the Deputy Municipal Commissioner and the Assistant Commissioner proposed by the Surat Municipal Corporation but invoking the powers of the State Government under Rule Chapter 3 of the Schedule-A of the said Act accompanied with the provisions of Section 455(1) modified and altered the qualification of both the posts by making law graduation mandatory apart from the qualifications proposed and sanctioned by the Surat Municipal Corporation General Board vide its Resolution dated 04.01.2010.

(K) The petitioners submit that subsequently, under the provisions of Section 45 accompanied with the provisions of Chapter 3 of Schedule-A, all the posts were to be filled by the Corporation. That, the Corporation had invited the applications vide advertisement dated: 29.12.2008, however, no actions were initiated to recruit a fit person on the sanctioned posts until now.
(L) The petitioners submit that under the provisions of Section 45(6) of the Act, in default of an appointment being made by the Corporation under sub-section(5), the State Government may appoint a fit person to fill the vacancy but the State Government of Gujarat is also failed to perform their statutory duty provided in the Act until now.
(M) The petitioners submit that as per the local media, report came to the notice that repeated efforts were made by the Municipal Commissioner and not by the Surat Municipal Corporation to alter the recruitment Rules and qualifications approved by the State of Gujarat vide its Resolution dated 04.01.2010 especially for the post of the Deputy Municipal Commissioner. But fortunately, the State of Gujarat till date remained firm to stick the qualifications approved by the State.
(N) The petitioners submit that meanwhile, another development came in the form of up gradation of existing two posts of Assistant Municipal Commissioner, which was in response to the Corporation's proposal to upgrade both the posts way back in the year 2005. On up gradation of the post by the State under Section 45(2) of the Bombay Provincial Municipal Corporation Act,1949, it becomes incumbent on the part of the Surat Municipal Corporation to fill both the posts following the procedure laid down under Section 45(1) to (7) of the said Act along with the provisions of Rule under Chapter 3 of Schedule A. But no such procedure has been initiated on the part of the Corporation rather Municipal Commissioner directly appointed both the persons having appointed of Assistant Commissioner (F) and Assistant Commissioner viz., Mr.S.N. Mehta and Mr. C.Y. Bhatt respectively as Deputy Municipal Commissioner which itself is an ultra virus act on the part of the Municipal Commissioner because the Municipal Commissioner is neither appointing authority nor member of selection committee of the said posts. Petitioner also submit that when unqualified person is appointed as deputy commissioner and given the department of recruitment which has to take care of appointment of right person on right job, the interest of present petitioners as well as other contenders of public appointment in Surat municipal corporation is apprehended to be jeopardize. As C.Y.Bhatt respondent no. 4 is having recruitment department.
(O) The petitioners submit that even if the appointment is to be made, a fit person on the upgraded post without following procedure of the regular recruitment, specially provision is made under Rule 2 of Chapter -3 of the Bombay Provincial Municipal Corporation Act, 1949 by mode of chapter proviso and as per the existing provisions even for invoking chapter proviso. That, the proposal must be moved to the General Board, who is appointing authority for making such appointment amongst fit persons possessing required qualifications as per Section 457 of the Act and as sanctioned by the State Government under Section 455 of the Act.
(P) The petitioners submit that if look at existing provisions as stated hereinabove, the Law Graduation is mandatory though Municipal Commissioner has appointed Mr.C.Y. Bhatt as Deputy Municipal Commissioner, who does not possess the degree of law graduation till date. Thus, both the Deputy Municipal Commissioners appointed by the Municipal Corporation are without force of law. Tantamount to revocation of such appointment ab-initio.
(Q) The petitioners submit that before giving any appointment or promotion No. objection certificate from vigilance & inquiry department is sought by every appointing authority. While in this case None of the respondent have ever bothered to seek it for respondents No. 4 & 5 before promoting & appointing. It is also indicative that petitioners have already performed & are performing as departmental inquiry officers & presenting officer. And as matter came to their notice in one of the financial scam to the tune of Rs. More than 24 lakhs which has been recovered from the delinquent after inquiry, respondent No. 4 was his immediate superior. Thus needle of suspect goes to respondent No. 4 Honorable court may call the papers of inquiry from respondent No. 2 & 3

(R) The petitioners submit that Respondent No. 1 has mentioned in it’s resolution Dt. 8th June 2011 that after careful consideration & as resolved by the General board of Surat on Dt. 30-03-1995 respondent No. 4 & 5 are promoted & upgraded.
Now if Looked at resolution of Board/ administrator Dt. 30th March 1995 it was limited to than officers only, also it was limited to than prevailing pay scales which were equal for the posts of Asst. & deputy municipal commissioners. While in present case there was no such resolution passed by General Board of corporation for the respondent No. 4 & 5. Also in the case under dispute pay scales of both posts are higher. And in that case proposal of board under section 45(2) of the BPMC act followed by sanction of state under section 45(3) is mandatory read with section 51(4). This has never been done in present case.
Under the circumstances it becomes incumbent on the part of state to look in to these statutory provisions before sanctioning the posts & promoting & appointing the respondent No. 4 & 5. Though nothing has been considered by state who is guardian of local self government under section 451 of the BPMC ACT. Than the claim of respondent No. 1 the State “of careful consideration” is not little bit logical, plausible & consistent with statutory provisions.
(S) It is also pertinent to note that the invited applications to recruit the posts of the Deputy Municipal Commissioner and the Assistant Municipal Commissioner are still pending which are prior to up gradation of post, though Municipal Commissioner has without proceeding earlier application illegally appointed two persons on two up gradation posts of the Deputy Municipal Commissioner, which is later development. Thus, the rule of first in, first out is also not followed here.
(T) It has also been noticed that out of the sanctioned various posts of the Deputy Municipal Commissioner, the Assistant Municipal Commissioner, Additional City Engineer etc. efforts were made by the Municipal Commissioner to fill up post of Additional City Engineer in the year 2010 for four posts, whereas rest of the vacant posts charge was given to three junior officer by the Municipal Commissioner, who were not in the list of the scrutiny made by the Municipal Corporation for selection of the posts.
(U) It is also pertinent to note that the deliberately no such move was initiated regarding the post of the Deputy Municipal Commissioner and the Assistant Municipal Commissioner. That in pursuance to appointment of respondent No. 4 & 5 on behalf of petitioners, petitioner No 2 had already represented the matter to respondent No. 1 state of Gujarat by E. mails dated 13th July,2011,19th July,20th July & 22nd July 2011 through the R/secretary Urban development, R/Legal secretary, & R/principle secretary to H/E Governor in this regard & requested to restrain the corporation from doing further action in this regards along with request to quash the appointment of respondent No. 4 & 5.
Even prior to that on completion of four months of advertisement inviting applications for the posts in dispute petitioner No. 2 by E. mail dated 1st June 2010,sought the information from state of Gujarat whether it is going to fill up the posts kept vacant by corporation invoking it’s powers under section 45(6)
But no any actions were initiated in this regard.

(V) In view of the aforesaid facts and circumstances narrated hereinabove, it transpires that the respondent authorities have favored the respondent nos. 4 and 5 by not following due procedure as prescribed and directly appointed them on the post of Deputy Municipal Commissioner. Therefore, the action of the respondent authorities is required to be deprecated by issuing necessary orders and directions.

(W) The petitioners submit that the action on the part of the respondent authorities is without any jurisdiction. Therefore, this Honorable Court may be pleased to restrain the respondent nos.1 to 3 from proceeding further.
(X) Looking to past behaviors to file invited & received applications in response to advertisement until desired candidatures are befitting in to their criteria even going up to the extent of revising or amending the qualifications on the part of respondent No 2 & 3 & inactive/ dorment behavior on the part of respondent No 1 not to invoke statutory powers in such illegal cases repetition of similar action is not rule out in present case to file the applications received for the sake of selfish motive. Though matter is contentious on filing SCA No 9216 of 2011 in This Court. Thus gross injustice to not only present petitioners but also to all the contenders of the post.
It is also note worthy that materially it does not make any difference to scrutinize and select the candidates from amongst received applications in post amended qualifications. Because Previously it was graduate & law graduate now law graduation is mandatory & degree wise law graduation is also graduate & thus eligible & interested candidates fro law graduation must have filed the candidature.
(y) That petitioners have received reply from only respondent No. 1 & 2 i.e. State of Gujarat & Municip0al commissioner respectively Which are also not the reasoned reply as ordered by & directed by H/ High court/ While No reply from respondent No. 2 which is contempt of H/ High court.
Received replies are not satisfactory, just, reasoned & redressing the grievance of petitioners. On the ground _
On completion of stipulated period/ 30 days against the deadline of 30 days no reasoned order for petitioner’s grievance is being received from respondent no. 2 While the reply received from respondent No.1 & 3 are not reasoned order. As reply of respondent No 1 the State of Gujarat has describes regarding our prime grievance that the posts of respondent No 4 & 5 are upgraded in response to proposal of administrator Dt. 1995 & in pursuant to commissioner & corporation’s proposal to do so in view of extended area of municipal corporation. While regarding recruitment of posts it narrates that it is to be filled up by corporation. But state’s reply is mysteriously silent about legality & merit of the up gradation of posts in the context of statutory provisions under section 51 i.e creation of new office, section 45(2) appointment of fit person possessing prescribed qualifications under rule 3 of the chapter 3 of the BPMC Act. It is pertinent to note that 1995 resolution of administrator was limited to those three officers , at that time none of the respondent no 4 or 5 was serving as Asst Municipal corporation, The pay scales & qualifications of Dmc & Amc posts were one & equal. While at present it is different. It is also indicative that when pay scales are higher than it tantamount to creation of new office u/s 51, for which proposal & resolution of general board who is appointing authority is mandatory, which is not followed in present case. Also to be noted that when the person is to be appointed he should possess prescribed qualification under the rules which is not fulfilled by respondent No. 4 that he is having no law degree. It is also note worthy that state of G8ujarat it self has prescribed qualification under section 45(2) by it’s resolution Dt. 04-01-2010 though it has not been scrupulously followed in the case under dispute. While respondent No 3 municipal commissioner’s reply Describes for our prime grievance it has issued office order Dt 8th June 2011. in pursuant to state government resolution Dt. 8th June 11. Thus passed on the buck on state Government. Also reply is silent about legality of appointment of respondent No. 4 & 5. While it also seems to have materially suppressed the fact, because it narrate that corporation has issued the office order but as per general board agenda there is no mention of such office order business on board meeting to issue office order. Board has taken the note that is also after issue of office order by municipal commissioner. Also regarding the process of applications invited it indicate that corporation has not taken any steps but in our petition corporation as well as municipal commissioner both are respondent thus it is silent about process done at the level of municipal commissioner. It is also pertinent to note that reply narrate that corporation is going to issue fresh advertisement but when the matter is subjudice & contention to fill up the post from amongst received application is raised by petitioners in H/ high court the action likely to be taken is prejudicial to the petitioners. Also it is cryptic silent about approval of general board to do so. As under BPMC Act corporation & commissioner both are different authorities
(Z) Even otherwise, the petitioners are eligible and entitled for the post of Deputy Municipal Commissioner. Therefore, necessary orders and directions are required to be issued in the interest of justice.
4. The petitioners state that the petitioners crave leave to amend, add, alter, delete or substitute any of the forgoing paragraphs as and when required.
5. The petitioners state that the petitioners have no other alternative and equally efficacious remedy except to approach this Honorable Court by way of this petition for appropriate orders in the matter.
6. The petitioners state that the petitioners have not approached in respect of the subject matter of this petition either before the Honorable Supreme Court of India or before this Honorable Court.
7. In view of the facts stated herein above, the petitioners most respectfully prays that :-
(A) YOUR LORDSHIP may be pleased to admit and allow this petition.
(B) YOUR LORDSHIP may be pleased to issue contempt of court notices to respondent No 2 for not replying as per order of H/ High court & to respondent 1& 3 for not replying reasoned order as ordered by H/ High court
(C) YOUR LORDSHIP may be pleased to issue a writ of co warranto/mandamus and/or any other appropriate writ, order of direction quashing and setting aside the order dated 08.06.2011 (Annexure-E) issued by the State Government up to the extent promotion and appointment and also quashing and setting aside the order dated 08.06.2011 (Annexure-D) issued by the Municipal Commissioner, Surat Municipal Corporation

(D) YOUR LORDSHIP may be pleased to issue a writ of co warranto /mandamus and/or any other appropriate writ, order of direction restraining the respondent nos.1 to 3 from confirming the appointment of the respondent nos. 4 and 5 on the post of the Deputy Municipal Commissioner in Surat Municipal Corporation.
(E) YOUR LORDSHIP may be pleased to issue a writ of mandamus and/or any other appropriate writ, order of direction restraining the respondent nos.4 and 5 from discharging their duties of the Deputy Municipal Commissioner with the Surat Municipal Corporation. As C.Y.Bhatt respondent no. 4 is having recruitment department as divisional head and under the BPMC act he is enjoying powers of municipal commissioner. Thus the interest of present petitioners as well as other contenders of public appointment in Surat municipal corporation is apprehended to be jeopardize.
(F) YOUR LORDSHIP may be pleased to issue a writ of mandamus and/or any other appropriate writ, order of direction to the Surat Municipal Corporation & state of Gujarat to revert the respondent No 4 & 5 from the post of deputy municipal commissioner & deputy municipal commissioner (F) respectively which are held by them illegally without the force of law tantamount to usurping public posts by wrong persons.
(G) Pending admission, hearing and final disposal of this petition, YOUR LORDSHIPS may be pleased to direct the Surat Municipal Corporation & the state of Gujarat to consider the representation made by petitioners & prey sought by them on merit & with justice. & also to proceed immediately to fill up the vacant posts of section 45 I.e. deputy & Asst. municipal commissioners following due process with complete transparency accountability & purely on merit from amongst invited & received application in response to 2008 advertisement keeping in mind final recruitment rules & qualifications.
Petitioners also submit that until that process, respondent No 1 to 3 be restrained from filing such received applications.
(H) Pending admission, hearing and final disposal of this petition, YOUR LORDSHIP may be pleased to restrain the respondent nos.4 and 5 from discharging their duties of the Deputy Municipal Commissioner with the Surat Municipal Corporation. And to consider the claim of petitioners to appoint the right persons on right job in public authority. As since advertisement though of their candidatures No process is made deliberately to recruit them. thus cumulative loss to the petitioners career is aggravated with no fault of them
(I) YOUR LORSHIPS may be pleased to pass such other order and further orders as may be deemed just and proper in the interest of justice.
AND FOR THIS ACT OF KINDNESS AND JUSTICE THE PETITIONERS AS IN DUTY BOUND SHALL FOR EVER PRAY.

Place : Ahmedabad
Dated : /09/2011
ADVOCATE FOR PETITIONERS

When democracy is turning in to disguise dictatorship, inevitability of checks & balance by LokAaukta in state

2011-08-27T23:23:00.000-07:00

Please convey my heartiest congratulations to H/E GOVERNOR of Gujarat for courageous, constitutional, responsive, accountable , democratic & transparent step of appointing LOKAAUKTA in Gujarat. for Good governance.

it is indeed a matter of pleasant proud that when democracy is going to be converted in to disguise dictatorship constitutional head of the state as well as guardian of constitution along with democratic representative i.e. H/E governor, Honorable chief Justice of High court & leader of opposition respectively have invoke their powers & duties respectively in the better interest of public & to strengthen the democracy in a transparent & accountable manner.

what a pathetic position of common man will be can be easily contemplated & deducted too. Thus the step taken was inevitable.

The rationale or plausibility is when wrong person is installed on right public posting of statutory position root cause of corruptions lies there.& actions taken by such wrong person can never be plugged by any damage control exercise.

.

Are we celebrating independence & republic days in the manner it requires to be? or in consonance with an essence of era?

2011-08-15T21:21:00.001-07:00

Are we celebrating independence & republic days in the manner it requires to be? or in consonance with an essence of era?

We all celebrate indepence & republic dayjust mechananical & traditional or customery. It look like sacrifice or abdication/ renunciation while in crematorium. time being patriotisam. Ratrher Innovative way to celebrate such occassions which is en essence of era like every public office must come with past six motnhs non disposed matter with entire reference & in public it should be disposed off citing detail reasons for rejection hearing/ keeping in mind the representation of aggrieved in audience. not Perhaps but certainly that will be true soverign, socialist, secular, democratic, republic india. Perhapse no need may be there of LOK PAL agitation. People temselves will be lok pal . Else this does not seems an extravegenza for the country like us wher in almost 36% people are bellow poverity line & 25% in urban & 10 % overall living in slums?

crusade for right person on right job in public authority

2011-08-02T07:48:00.000-07:00

Use LMG ARUN fonts to read

ZJFGF o

s!f ZMlCT VFZP RF{WZL
5;M"G[, VMlO;Z
;]ZT DCFGUZ5Fl,SF

sZf lCZG[X V[;PEFJ;FZ
5;M"G[, VMlO;Z
;]ZT DCFGUZ5Fl,SF

TFP # v(v!!

5|lT4
5|lTJFNL G\P! YL #
s!f :8[8 VMO U]HZFT DFZOT
DFPVU| ;lRJzL4
XC[ZL lJSF; VG[ XC[ZL U'ClGDF"6 lJEFU4
;lRJF,I4UF\WLGUZP
sZf ;]ZT DCFGUZ5Fl,SF DFZOT[ dI]lGP SlDxGZzL
s#f SlDxGZzL4 ;]ZT DCFGUZ5Fl,SFP

lJQFI o ;]ZT DCFGUZ5Fl,SFDF\ 0[PdI]PSlDxGZGL EZTLDF\ VDM z[Q9 ,FISFT VG[ VG]EJ WZFJTF pD[NJFZMG[ YI[, VgIFI N}Z SZJF AFATP

;\NE" o GFDPprR VNF,T U]HZFTDF\ NFB, SZJFDF\ VFJ[, :5[P;LP V[PG\P)Z!&qZ_!! DF\ GFDPVNF,TGF\ TFPZ*v*v!! GF\ VFN[X VG];FZ 5L8LXGZ TZO[ ZH]VFTP

D[P;FC[A4

p5ZMST lJQFI AFAT[ H6FJJFG]\ S[4 ;\NE"DF\ H6FJ[, 5L8LXGGF\ VDM A[ 5L8LXGZM VG]S|D[ !& JQF" VG[ !5 JQF"YL 5;M"G[, VMlO;Z TZLS[ OZH AHFJTF\ VFJ[,F KLV[4 ;FY[ JFl6HI :GFTS T[DH SFINFGF VG]:GFTS (L.L.M.) VG[ 0L%,MDF .G CI]DG ZL;M;" 0[J,5D[g8GL 0LU|L 5L8LXGZ G\P! WZFJ[ K[ TYF 5L8LXGZ G\PZ JFl6HI :GFTS ;FY[ SFINFGF VG]:GFTS (L.L.M.) T[DH UJD["g8 0L%,MDF .G SMvVM5Z[XG V[g0 V[SFpg8g;LGL 5NJL WZFJ[ K[P

5L8LXGZ G\P! £FZF ;]PDPGP5FGL GMSZL NZlDIFG 5;M"G,4 DC[SD4JCLJ84 ZLS]|8D[g84 VMS8=MI ;]l5|8[g0g84 VFSFZ^FL VlWSFZL4 ;FDFgI JCLJ84 GF^FFSLI BFTF JU[Z[GL lJlJW OZHM p5ZF\T BFTFSLI T5F;GF S[;MDF\ T5F; VlWSFZL VG[ ZH]VFT VlWSFZL TZLS[GL AC]lJW OZHM VNF SZ[, K[ TYF 5L8LXGZ G\PZ £FZF ;]PDPGP5FGL GMSZL NZlDIFG 5;M"G,4 DC[SD4JCLJ84 ZLS]|8D[g84 VMS8=MI ;]l5|8[g0g84 HG;\5S" VlWSFZL4 ZF.8 8] .gOM"D[XG ;[,GF BFTF VlWSFZL JU[Z[GL4 ;FDFgI JCLJ8 GF^FFSLI BFTF JU[Z[GL lJlJW OZHM p5ZF\T JU"v# VG[ VlWSFZLVMGL EZTL 5|lS|IFDF\ 5[5Z ;[8Z4 5ZL1FSGL OZHM TYF BFTFSLI T5F;GF S[;MDF\ T5F; VlWSFZL VG[ ZH]VFT VlWSFZL TZLS[GL AC]lJW OZHM VNF SZ[, K[ ;FY[ ;FY[ T[VM ;ZNFZ 58[, >lg:88I]8 VMO 5a,LS V[0lDlG:8=[XG ;]ZT BFT[ D],FSFTL jIFbIFTF TZLS[ZF.8 8] .gOM"D[XG4 0LhF:8Z D[G[HD[g8 VG[ 5a,LS V[0lDlG:8=[XG TF,LD 56 VF5[ K[P

VFD4 A\G[ 5L8LXGZ D<8L 0FID[g;gF,4 D<8L O[;[8[0 V[1F5MhZ HFC[Z JCLJ8DF\ WZFJ[ K[PH[ T[DGF ;[JF .lTCF; 5ZYL 5|lT5FlNT YFI K[P V[G[1FZv!

;]ZT DCFGUZ5Fl,SFDF\ ;FDFgI ;EFGF TFPZ)q_(q_( GF 9ZFJ G\AZ 5*)q_( GF 9ZFJYL 0[PdI]PSlDxGZGL _# HuIF p5ZF\T _! 0[%I]8[XGYL EZJFGL HuIF 9ZFJGL TFZLB[ p5,aW HuIFVM p5ZF\T D\H]Z SZJFDF\ VFJ[,P H[GF VG];\WFG[ DCFGUZ5Fl,SF ;]ZT wJFZF TFPZ)v!Zv_( GL HFC[ZFTYL 0[PSlDxGZGL _Z HuIFVM DF8[ ZFHI ;ZSFZGL VFBZL D\H]ZLG[ VFlWG VZHLVM D\UFJJFDF\ VFJ[,P ;FDFgI ;EF wJFZF 0[PdI]PSlDxGZGL HuIF DF8[GL ,FISFT o

s!f DFgI lJnF5L9GF SM.56 XFBFGF :GFTS TYF SFINFGF :GFTS VYJF SM.56 XFBFGF VG]:GFTS VG[

sZf ;]ZT DCFGUZ5Fl,SFDF\ ZF]P(___v!#5__ GF 5UFZWMZ6JF/F VYJF ZFHI ;ZSFZzLGL JCLJ8L ;[JF JU"v! GF\ JCLJ8L S1FFGF VlWSFZL VYJF T[G[ ;DS1F HuIFGM 5F\R JQF"GM VG]EJ DF\UJFDF\ VFJ[, CTMP ;FYM;FY prR ,FISFT VG[ VG]EJ WZFJGFZG[ 5;\NULDF\ VU|LDTF VF5JFG]\ 56 lGlN"Q8 SZ[, K[P

H[ VG];\WFG[ VDM A\G[ 5L8LXGZMV[ 0[PdI]lGPSlDxGZGL HuIF DF8[ ALGVGFDT pD[NJFZ TZLS[ pD[NJFZL GM\WFJLP ;NZC] HuIFGL VZHL 5CM\RF0JFGL K[<,L TFP#!v!v_) 9ZFJJFDF\ VFJ[,P V[G[1FZvZ

HFC[ZFTDF\ lGlN"Q8 lJUT[ ZFHI ;ZSFZzLGL D\H]ZLG[ VFlWG CMJFYL ALP5LP V[DP;LPV[S8GL S,Dv$5*s#f C[9/ ;]ZT DCFGUZ5Fl,SFV[ D]SZZ SZ[, ,FISFT ALP5LPV[DP;LPV[S8GL S,Dv$5$ C[9/ lGIDMDF\ ;DFlJQ8 CM> VG[ T[ ALP5LP V[DP;LPV[S8GL S,Dv$55sZf C[9/ ZFHI ;ZSFZzLGL D\H]ZLG[ VFlWG CM.4 ZFHI ;ZSFZzL wJFZF TFP$v!v!_ GF\ 9ZFJ G\P;DGq!_Z__(q5$(Zq5LP XC[ZL lJSF; VG[ XC[ZL U'ClGDF"6 lJEFU wJFZF 0[PdI]PSlDxGZGL ,FISFTDF\ VF\lXS ;]WFZM SZLG[ DFgI lJnF5L9GF SM.56 XFBFGF :GFTS TYF SFINFGF :GFTS VYJF SM.56 XFBFGF VG]:GFTS TYF SFINFGF :GFTS V[JL ,FISFT 9ZFJ[, VG[ T[ D]HA ZFHI 5+DF\ 56 ZFHI5F,zLGF\ C]SDYL VG[ T[DGF GFD[ 5|l;wW SZJFGF C]SD SZ[,P VFD ZFHI ;ZSFZzLGF\ TFP$v!v!_ GF\ 9ZFJ VG];FZ T[8,[ V\X[ ALP5LPV[DP;LPV[S8 S,Dv$5 ;FY[ 5|SZ6v# GF lGIDMDF\ ;]WFZM YJF 5FD[,P H[G[ SFZ6[ 0[PdI]PSlDxGZGL HuIF DF8[ SM.56 pD[NJFZ DF8[ SFINFGF :GFTSGL 5NJL VlGJFI" 9ZFJJFDF\ VFJ[,P

VDM A\G[ 5L8LXGZM ZFHI ;ZSFZzLV[ 9ZFJ[, VF ,FISFT p5ZF\T T[GFYL prRTD ,FISFT WZFJJF ;FY[ 9ZFJ[, VG]EJ 56 5lZ5}6" SZLV[ KLV[P V[G[1FZv#

ALP5LPV[DP;LP V[S8GL S,Dv$5s5f C[9/ HuIF p5l:YT YIFGF RFZ DlCGFGL V\NZ ;]ZT DCFGUZ5Fl,SFV[ VF HuIFVM EZJFGL YTL CTLP 5Z\T] VUdI SFZ6M;Z ;ZSFZzLGF\ TFP$v!v!_ GF\ 9ZFJ AFN VFHlNG ;]WL V[8,[ S[ ,UEU !P!qZ JQF"YL JW] ;DI ;]WL VF HuIFVM EZJFDF\ VFJ[, GYLP V+[ V[ 5|:T]T K[ S[4 HFC[ZFTGF\ VG];\WFG[ lGIT ;DI VJlWDF\ ;]ZT DCFGUZ5Fl,SFV[ 9ZFJ[, ,FISFT VgJI[ D/[, VZHLVM 5{SL #* pD[NJFZM DCFGUZ5Fl,SF wJFZF ,FIS U6[,P 5Z\T] T[ZFHI ;ZSFZzLGL D\H]ZLG[ VFlWG CMJFYL ZFHI ;ZSFZzLV[ ;]WFZ[, ,FISFT VG];FZ VF 5{SL Z* pD[NJFZM DF+ ,FIS 9Z[ K[P V+[ V[ 56 p<,[BGLI K[ S[4 5L8LXGZMGL 5L8LXGGF 5|lTJFNL G\P$ VG[ 5 VG]S|D[ zL R{TgI IMU[XR\N| E8'4 TtSFl,G VF;LPdI]PSlDxGZ VG[ zL XZNS]DFZ GFZ6HL DC[TF4 TtSFl,G VF;LPdI]PSlDxGZ sOFPf GF VMV[ 56 pD[NJFZL GM\WFJ[, VG[ DCFGUZ5Fl,SFV[ T{IFZ SZ[, #* pD[NJFZM 5{SLGF T[VM 56 K[P 5Z\T] ZFHI ;ZSFZzLGL ;]WFZ[, ,FISFT VG];FZ 5L8LXGZGF\ 5|lTJFNL G\P$ E8' R{TgI SFINFGL :GFTSGL 5NJL WZFJTF G CM. 0[PdI]PSlDxGZGL VF HFC[ZFT VgJI[GL ,FISFT WZFJTF G CM. CJ[ T[VM ,FIS 9ZTF\ GYLP
V[G[1FZv$4 S,Dv$5 VG[ V[G[1FZv54 5|SZ^Fv#4 V[G[1FZv! GF S|Dv!

VF NZdIFG RFZ DlCGFGL VJlW 5}6" YIF AFN 5L8LXGZM 5{SL 5L8LXGZ G\PZ lCZ^F[X V[;PEFJ;FZ wJFZF .vD[.,YL TFP!q&q!_ GF ZMH GF\ ZMH ZFHI ;ZSFZzLG[ v DFGGLI D]bI D\+LzL4 U]HZFT ZFHIG[ ;\AMWLG[ ;]ZT DCFGUZ5Fl,SFGL BF,L ZC[, 0[PdI]PSlDxGZGL HuIFVM EZJF ALP5LPV[DP;LPV[S8GL S,D v $5s&f C[9/ ZFHI ;ZSFZzLG[ VF ;tTF lJlCT YTL CM. EZJF .rK[ K[ S[ S[D m VG[ VF V\U[ X]\ SFI"JFCL Y. T[ AFATGL DFlCTL DF\UTL VZHL VFZP8LPVF.P C[9/ SZJFDF\ VFJ[, 5Z\T] VFJL ZH]VFT AFN 56 ZFHI ;ZSFZzLV[ S,Dv$5s&f C[9/ ;ZSFZzLG[ lJlCT ;tTFGM p5IMU VFHlNG ;]WL SZ[, GYLP H[G[ SFZ^F[ S,Dv$5 C[9/GL HuIF DF8[ ;]PDPGP5F GL ;NZ HFC[ZFTYL pD[NJFZL SZ[,VDM A\G[ 5L8LXGZM ;lCTGF TDFD pD[NJFZMG[ VgIFI YJF 5FD[, K[P V[G[1FZv&

VF NZdIFG dI]PSlDxGZzL4;]ZT wJFZF T[VMGF\ TFPZ*q!q!_ GF\ 5+ G\PHLV[0Lq .V[;8Lq##*& YL VU|;lRJzL4 XC[ZL lJSF; VG[ XC[ZL U'ClGDF"6 lJEFU4 ;lRJF,I4 UF\WLGUZG[ ;\AMWLG[ ;]ZT DCFGUZ5Fl,SFGF\ JCLJ8NFZGF 9ZFJ G\P!(_& TFP#_v#v)5 GF VG];\WFG[ ;]ZT DCFGUZ5Fl,SFGL 5+GL TFZLB[ Vl:TtJ WZFJTL VF;LPdI]PSlDxGZ VG[VF;LPdI]PSlDxGZ sOFPf GL _Z HuIFVM 0[PdI]PSlDxGZ VG[0[PdI]PSlDxGZ sOFPf TZLS[ V5U|[0 SZJF VG[ 5+GL TFZLB[ VF;LPSlDxGZGL HuIFV[ OZH AHFJTF\ VDFZL 5L8LXGGF 5|lTJFNL VPG\P$ VG[ 5 G[ GFDHMU 0[PSlDxGZ TZLS[ V5U|[0 SZJF ZFHI ;ZSFZzLGL D\H]ZL DF\U[,P V[G[1FZv* VG[ V[G[1FZv(

V+[ V[ 56 ;}RS K[ S[4 5L8LXGZMGL HF6SFZL VG];FZ VG[ ;DFRFZ DFwIDMDF\ 5|l;wW YIF D]HA SlDxGZzLGF VF 5+ 5}J[" ZFHI ;ZSFZzLGF\ TFP$v!v!_ YL 9ZFJ[, ,FISFTDF\ ;]WFZM SZJF 56 ZH]VFT SZ[,P H[ BZ[BZ SlDxGZzLGL ;tTFDF\ VFJT]\ H GYLP VF 5|SFZGL ;tTF S,Dv$5*s#f C[9/ DF+ ;FDFgI ;EFGL K[P T[YL SlDxGZ[ SZ[, VF ,FISFT ;]WFZJFGL ZH]VFT ;tTF ACFZG]\ S'tI 9Z[ K[P ZFHI ;ZSFZzLV[ SlDxGZGL VFJL SC[JFTL ZH]VFTG[ lJRFZ6FDF\ ,LW[, GYL VG[ VFHlNG ;]WL ZFHI ;ZSFZV[ TFP$v!v!_ YL 9ZFJ[, ,FISFT AZSZFZ ZFB[, K[P V[G[1FZv)

dI]PSlDxGZzLGF\ TFPZ*v!v!_ GF\ 5+GM ;\NE" wIFG[ ,[JFDF\ VFJ[ TM T[D6[ TFP#_v#v)5 GF DCFGUZ5Fl,SFGF JCLJ8NFZGF 9ZFJGF VG];\WFG[ 5|lTJFNL G\P$ VG[ 5 G[ GFDHMU V5U|[0 SZJF 5|:TFJ SZ[,P H[ S'tI 56 dI]PSlDxGZGL ;tTF DIF"NF ACFZG]\ K[P SFZ6 S[4 S,Dv$5 C[9/GL SM.56 lGD6}\S DF8[ lGD6}\S ;tTFlWSFZL DF+ VG[ DF+ ;FDFgI ;EF K[ VG[ TFP#_v#v)5 GF\ JCLJ8NFZGF\ 9ZFJYL V[ 5|lT5FlNT 56 YFI K[P

V+[ V[ 56 p<,[BGLI K[ S[4 JCLJ8NFZGF TFP#_v#v)5 GF\ 9ZFJ wJFZF TtSFl,G VF;LPSlDxGZ sOFPf4 VF;LPSlDxGZ s5PVG[ .Pf VG[ VF;LPSlDxGZGL _# HuIFVMG[ ccCF, OZH AHFJL ZC[, VlWSFZLVM ;FY[ GFDHMU V5U|[0 SZL 0[PSlDxGZ GFDFlEWFG ;FY[ ZL0[hLuG[8 SZJFcc 9ZFJJFDF\ VFJ[,P V[G[1FZv&

V+[ V[ 56 GM\WGLI K[ S[4 !))5 GF\ JCLJ8NFZGF\ 9ZFJDF\ lGlN"Q8 +6[I VF;LPdI]P SlDxGZM 5{SL VF;LPdI]PSlDxGZ zL ALP8LPXFC dI]PSlDxGZzLGF VF 5+ 5}J[" H Z__&DF\ lGJ'tT Y. UI[,F HIFZ[ VgI VF;LPSlDxGZ sOFPf zL S\N5"EF. DC[TF VF 5+ 5}J[ TtSFl,G 0[PSlDxGZGL ,FISFT VG];FZ ;LWL EZTLYL 0[PSlDxGZ sHGPf TZLS[ 5;\NUL 5FD[, VG[ T[ 5KL lGJ'tT Y. UI[,FP HIFZ[ VF;LPSlDxGZ s5PVG[ .Pf GL HuIFG[ ZFHI ;ZSFZzLV[ zL R\5SEF. UFDLTGF GFD ;lCT 0[PdI]PSlDxGZ TZLS[ TFPZ)v(v_5 GF\ XC[ZL lJSF; VG[ XC[ZL U'ClGDF"6 lJEFUGF 9ZFJYL cc CF, OZH AHFJL ZC[, VlWSFZL ;lCT V5U|[0 cc SZJFDF\ VFJ[, VG[ T[ V\U[ ;]ZT DCFGUZ5Fl,SFGF TFP#_v#v)5 GF\ 9ZFJGM CJF,M wIFG[ ,[JFDF\ VFJ[,P

V+[ V[ 56 5|:T]T K[ S[4 !))5DF\ lGlN"Q8v_# VF;LPdI]PSlDxGZ l;JFIGL VgI SM. HuIF Vl:TtJ WZFJTL G CTL4 V[ 56 ;}RS K[ S[ 5L8LXGZMGL 5L8LXGGF 5|lTJFNL G\P$ VG[ 54 !))5 DF\ V[8,[ S[ JCLJ8NFZGF 9ZFJGF ;DI[ VF;LPdI]PSlDxGZGL HuIF 5Z CTF GlCP A\G[ 5|lTJFNLVMGL lGD6}\S VF;LPdI]PSlDxGZGL HuIF 5Z VG]S|D[ Z__# VG[ Z__5 DF\ YI[,P T[YL dI]PSlDxGZzLGF\ TFPZ*v!v!_ GF\ 5+YL VU|;lRJzL4 XC[ZL lJSF; VG[ XC[ZL U'ClGDF"6 lJEFUG[ SZ[, ;tTF ACFZGL NZBF:T JCLJ8NFZGF !))5 GF\ 9ZFJGL lJUT cc CF, OZH AHFJL ZC[, VlWSFZLVM cc GF VG];\WFG[ TN'G plRT GYL 5Z\T] ZFHI ;ZSFZzLG[ DF+ 5|lTJFNL G\P$ VG[ 5 GF lGlCT :JFY" DF8[ U[ZDFU[" NMZGFZL U[ZZH}VFTEZL VG[ U[ZSFIN[;ZGL K[P

V+[ V[ 56 p<,[BGLI K[ S[4 !))5 VG[ TFP$v!v!_ A\G[ ;DI[GL ;]ZT DCFGUZ5Fl,SFGF VF;LPdI]PSlDxGZ VG[ 0[PdI]PSlDxGZGL ,FISFTDF\ SFINFGF :GFTSGL 5NJL VlGJFI" CTL VG[ K[ 5Z\T] HIFZ[ 5|lTJFNL G\P$ VG[ 5 GL VF;LPdI]PSlDxGZ TZLS[ JrR[GF ;DIUF/FDF\ lGD6}\S YI[,L V[8,M ;DI 5}ZTL VF HuIF DF8[ SFINFGL 5NJL .rKGLI U6[,P V[G[1FZv! GF S|D G\ ! VG[ Z

dI]PSlDxGZzLGF\ TFPZ*v!v!_ GF\ 5+DF\ lGlN"Q8 lJUT[ZFHI ;ZSFZzL wJFZF TFP$v!v!_ YL ,FISFT ;]WFZF ;FY[ p5l:YT SZ[, _$ 0[PdI]PSlDxGZ VG[ _( VF;LP dI]PSlDxGZGL HuIFVM p5ZF\T TFP$v!v!_ GL TFZLB[ Vl:TtJDF\ ZC[, _Z VF;LPdI]PSlDxGZGL HuIFVMG[ 0[PdI]PSlDxGZ TZLS[ V5U|[0 SZJF VG[ GFDFlEWFG SZJF NZBF:T SZ[,P H[GF\ jIFHAL56FDF\ ;]ZT DCFGUZ5Fl,SFGL ;TT JWL ZC[, SFDULZL VG[ lJXF/ JCLJ8GM CJF,M VF5[,P VFD 0[PdI]PSlDxGZGL HFC[ZFTGF VG];\WFG[ V[S JQF" p5ZF\TYL VZHLVM VFJ[, CMJF KTF\ VG[ZFHI ;ZSFZzLV[ TFP$v!v!_ YL T[G[ ZLS|]8D[g8 ~<; ;]WFZLG[ D\H]ZL VF5JF KTF\ SM. VUdI SFZ6M;Z dI]PSlDxGZ S1FFV[YL p5l:YT YI[, GJL HuIFVM VG[ VF NZdIFG BF,L 50[, _Z 0[PdI]PSlDxGZGL HuIF EZJF SM. H 5|ItG SZ[, GlC 5Z\T] DF+ 5|lTJFNL G\P$ VG[ 5 GL HuIFVMG[ V5U|[0 SZL 0[PdI]PSlDxGZ GFDHMU SZFJJF DF8[ ;C[T]S Z; NFBJ[, VG[ T[ DF8[ V5[1FF SZTF\ JW] tJZFYL ZFHI ;ZSFZzL ;FY[ ,FISFT ;]WFZJF VG[ V5U|[0 SZJF VlTZ[S U6FI T[8,M Z; NFBJ[,P H[ TFP$v!v!_ GF\ ;ZSFZzLGF\ 9ZFJ VG[ dI]PSlDxGZzLGF\ TFPZ*v!v!_ GM 5+ VG[ NZdiFFGGF 5+jIJCFZ 5ZYL lGoX\S 5}ZJFZ YFI K[P V[G[1FZv*

0[PdI]PSlDxGZ S1FFV[YL TFP#_v#v!! GF\ ZMH VF H AFAT[ ;ZSFZzLG[ V[S :D'lT5+ 56 5F9JJFDF\ VFJ[,P 5lZ6FD[ZFHI ;ZSFZzLGL S1FFV[YL TFP(v&v!! GF\ XC[ZL lJSF; VG[ XC[ZL U'ClGDF"6 lJEFU4 UF\WLGUZGF\ 9ZFJ VgJI[ DCFGUZ5Fl,SFGF\ JCLJ8NFZGF\ TFP#_v#v)5 GF\ 9ZFJ4 TFPZ)v(v_5 GM TtSFl,G VF;LPdI]PSlDxGZG[ 0[PSlDxGZ AGFJTM 9ZFJ4 dI]PSlDxGZzLGM TFPZ*v!v!_ GM 5+ VG[ 0[PdI]PSlDxGZGM TFP#_v#v!! GM :D'lT5+GM CJF,M VF5L ZFHI ;ZSFZzLV[ 5|lTJFNL G\P$ VG[ 5 VG]S|D[ zL R{TgI E8' VG[ zL XZNS]DFZ DC[TFG[ GFD ;lCT T[DGL VF;LPdI]PSlDxGZGL HuIF V5U|[0 SZL 0[PdI]PSlDxGZ TZLS[ 5|DMXG VF5TM 9ZFJ SZ[,P V[G[1FZv!_ VG[ V[G[1FZv !!

ZFHI ;ZSFZzLGF\ VF 9ZFJGF\ SFG]GL 5F;FVM RSF;JFDF\ VFJ[ TM GLR[ D]HAGL 5lZl:YlT K[P

sVf ALP5LPV[DP;LPV[S8GL S,Dv$5sZf C[9/ ;]ZT DCFGUZ5Fl,SFGL ;FDFgI ;EFG[ VF HuIF p5l:YT SZJFGL ;tTF 5|NFG YI[, K[ VG[ T[ S,Dv$5s#f C[9/ ZFHI ;ZSFZzLGL D\H]ZLG[ VFlWG K[P T[YL ZFHI ;ZSFZzL wJFZF TFP(v&v!! GF\ ZMH DCFGUZ5Fl,SFGF TFP#_v#v)5 GF\ JCLJ8NFZGF 9ZFJGF p5,1FDF\ VF;LPdI]PSlDxGZGL v_Z HuIFVMG[ 0[PdI]PSlDxGZ TZLS[ V5U|[0 SZJF 5}ZTM ;ZSFZLzLGM 9ZFJ ;ZSFZzLG[ 5|NFG YI[, ;tTF C[9/ SFIN[;ZGM VG[ IYFY" K[P

sAf 5Z\T] ZFHI ;ZSFZzL wJFZF 5|lTJFNL G\P$ VG[ 5 G[ 0[PdI]PSlDxGZ HuIF 5Z 5|DMXG VF5L lGD6}\S VF5TM 9ZFJ V[8,[ V\X[ XZ]VFTYL H ZNAFT, VG[ GLR[ H6FJ[, SFZ6M;Z U[ZSFIN[;Z 9Z[ K[P

sV[f S,Dv$5s#f C[9/ HuIFGL D\H]ZL VF%IF AFN SFINFGL S,Dv$5s5f C[9/ VF V5U|[0[0 0[PdI]PSlDxGZ GL HuIF 5Z lGD6}\S VF5JFGL ;tTF ;]ZT DCFGUZ5Fl,SFGL ;FDFgI ;EFG[ K[P ZFHI ;ZSFZ DCFGUZ5Fl,SFGF S,Dv$5s5f C[9/GF 5|lTJFNL G\P$ VG[ 5 GF\ VlWSFZLVM DF8[ ;LWL lGD6}\S ;tTFlWSFZL GYLP

sALf ZFHI ;ZSFZzLGF\ TFP(v&v!! GF\ 9ZFJYL V5U|[0[0 YI[,P 0[PdI]PSlDxGZ GL HuIF SFG]GL HMUJF. 5|DF6[ ;]ZT DCFGUZ5Fl,SFGL ;FDFgI ;EF wJFZF IMuI jIlST V[8,[ S[ 9ZFJGL TFZLB[ ,FISFT WZFJTL 5|SZ6v# C[9/GL IMuI jIlST 5{SL ;FDFgI ;EFV[ RFZ DF;DF\ EZJFGL J{WFlGS HMUJF. K[ H[GL ;FD[ 5|:T]T S[;DF\ ;]ZT DCFGUZ5Fl,SFGL ;FDFgI ;EFGL ;tTF 5Z TZF5 DFZL ZFHI ;ZSFZzLV[ VF HuIF EZL NLW[, K[P SFZ6 S[ TFP#_v#v)5 GF\ 9ZFJ VG];FZ cc 5|lTJFNL G\P$ VG[ 5 CF, OZH AHFJTF\ VlWSFZLVM 5{SLGF CTF GlC VG[ K[ GlCcc ZFHI ;ZSFZzLGF\ H TFPZ)v(v_5 GF\ 9ZFJDF\ zL ;LPH[PUFDLT DF8[ZFHI ;ZSFZ[ SZ[, VD, IMuI CTMP SFZ6 S[4 zL ;LPH[PUFDLT DF8[ ;FDFgI ;EF q JCLJ8NFZGM GFDHMU 9ZFJ CTMP V[8,[ S[ SM5M"Z[XGGL lGD6}\S ;tTFlWSFZLGL ACF,L CTLP HIFZ[ 5|:T]T S[;DF\ 5|lTJFNL G\P$ VG[ 5 DF8[ S,Dv$5 GF lGD6}\S ;tTFlWSFZL V[JL ;FDFgI ;EFGL SM. H D\H]ZL CTL GlCP

s;Lf ZFHI ;ZSFZzLV[ TFP(v&v!! YL V5U|[0[0 SZ[,0[PdI]PSlDxGZ GL HuIFVM ;]ZT DCFGUZ5Fl,SFGL ;FDFgI ;EF S,Dv$5s5f C[9/ RFZ DF;DF\ EZJFDF\ lGQO/ HFI TM S,Dv$5s&f C[9/ ZFHI ;ZSFZ VFJL HuIF IMuI ,FISFT WZFJTL jIlST 5{SL 5|SZ6v# GL HMUJF.VMG[ VFlWG EZJF ;DY" AG[P 5Z\T] ZFHI ;ZSFZ[ 5M:8 V5U|[0 SIF" AFN V[8,[ S[4 S,Dv$5s#f GL D\H]ZL VF%IF AFN lGD6}\S ;tTFlWSFZLG[ T[DG[ J{WFlGS ZLT[ A1FJFDF\ VFJ[, ;tTFGM p5IMU SZJFGL SM. H TS VF5JFDF\ VFJ[, GYLP p<8FG]\ T[YL lJ5ZLT ;FDFgI ;EFGL VF J{WFlGS ;tTFYL ZFHI ;ZSFZ[ T[G[ J\lRT ZFBL lGD6}\S ;tTFlWSFZLGL ;tTF 5Z TZF5 DFZJFDF\ VFJ[, K[P

s0Lf ZFHI ;ZSFZ[ S,Dv$5s&f C[9/ 56 IMuI ,FISFT WZFJTL jIlST 5{SL lGD6}\S SZJFGL K[P VG[ ;ZSFZ[ H 9ZFJ[, TFP$v!v!_ GL ,FISFT 0[PdI]PSlDxGZGL HuIF DF8[ SFINFGL 5NJL VlGJFI" 9ZFJ[, CMJF KTF\ ZFHI ;ZSFZ[ T[G]\ ;lZIFD p<,\3G SZL J{WFlGS HFC[Z HuIF p5Z lAG,FISFT WZFJTF\ 5|lTJFNL G\P$ G[ lGD6}\S SZL NLW[, K[P SFZ6 S[4 5|lTJFNL G\P$ SFINFGL 5NJL ,FISFT VZHLGL TFZLB[ 56 WZFJTF CTF GlC VG[ ZFHI ;ZSFZGL U[ZSFIN[;Z lGD6}\SGL TFZLB[ 56 WZFJTF G CTFP HIFZ[ 5|lTJFNL G\P5 GF\ lS:;FDF\ ZFHI ;ZSFZ[ lGD6}\S ;tTFlWSFZL ;FDFgI ;EFGL ;tTF 5Z TZF5 DFZL HuIF EZL NLW[, K[P H[DF\ 5|SZ6v# C[9/GL DM0 VMO V[5M.g8D[g8GL 5|lS|IFG]\ ;J"YF p<,\3G SZJFDF\ VFJ[, K[P H[DF\ R[%8Z 5|MJLhM C[9/GL lGD6}\S DF8[ 56 lGIT NZBF:T wJFZF DF+ VG[ DF+ ;FDFgI ;EF V[8,[ S[ lGD6}\S ;tTFlWSFZLG[ H ;tTF 5|NFG YI[, K[P

s.f ZFHI ;ZSFZ[ S,Dv$5s&f C[9/ TFP$v!v!_ GF\ 9ZFJYL p5l:YT YI[, HuIFVM H[ DCFGUZ5Fl,SF EZJFDF\ !P!qZ JQF" ;]WL lGQO/ UI[, VG[ T[ ;\HMUMDF\ ;ZSFZG[ ;tTF 5|NFG Y. UI[, CMJF KTF\ T[JL J{WFlGS ;tTFGM p5IMU SZJFDF\ VFJ[, GYL 5Z\T] dI]lGPSlDxGZzLGF\ TFPZ*v!v!_ GF\ 5+YL SZ[, ;tTF ACFZGF U[ZSFIN[;Z 5|:TFJG[ pTFJ/[ ZFHI ;ZSFZ[ 5|lTJFNL G\P$ VG[ 5 G[ 5|DMXG VF5L 0[PdI]P SlDxGZ TZLS[ U[ZSFIN[;Z lGD6}\S VF5L NLW[, K[P U[ZSFIN[;Z V[8,F DF8[ S[ VF ;tTF S,Dv$5s5f GL VJlW ;]WL ZFHI ;ZSFZDF\ lJlCT YTL GYL VG[ T[DF\ 56 5|lTJFNL G\P$ SFINFGL 5NJLGL VlGJFI" ,FISFT WZFJTF CTF GlC VG[ K[ GlCP JW]DF\ ALP5LPV[DP;LP V[S8GL S,Dv$5 VG[ 5|SZ6v# C[9/ A-TLGL SM. HMUJF. GYLP HIFZ[ ZFHI ;ZSFZ[ TFP(v&v!! GF\ 9ZFJYL 5|lTJFNL G\P$ VG[ 5 G[ A-TL VF5L lGD6}\S VF5L NLW[, K[ VG[ T[ 56 ZFHI ;ZSFZ[ IMuI SFINFSLI 5|lS|IF VG];IF" lJGF ,FISFT GlC WZFJTL jIlSTGL lGD6}\S 5|:T]T lS:;FDF\ SZLG[ SFINFSLI HMUJF.G]\ p<,\3G SZ[, K[P

sV[Of
dI]PSlDxGZzL[ S1FFV[YL 56 ZFHI ;ZSFZGF\ TFP(v&v!! GF\ 9ZFJYL V5U|[0 SZ[,0[PdI]P SlDxGZ GL HuIF AFAT[ TYF TFP$v!v!_ YL ZFHI ;ZSFZ[ ;]WFZ[, ,FISFTGF 9ZFJ AFAT[ T],GFtDS CSLST,1FL TYF HMUJF.G[ VFG]QF\lUS JF:TJ,1FL NZBF:T lGD6}\S ;tTFlWSFZL V[JL ;FDFgI ;EFG[ VlWS'T ZLT[ TFPZ*v*v!! ;]WL SZ[, GYLPH[G[ SFZ^F[ S,D $%F GL HuIF DF8[ pD[NJFZL SZ[, 5L8LXGZM p5ZF\TGF TDFD VZHNFZMG[ 56 EZ5F. G Y. XS[ T[J] G]S;FG YJF 5FD[, K[P V[G[1FZv!Z AM0" SFDGF V[Hg0F GM8L;

sH[f dI]PSlDxGZzLV[ TFP(v&v!! GF\ 9ZFJ VgJI[ lGD6}\S ;tTFlWSFZLG[ SM.56 NZBF:T SIF" lJGF VS<5GLI tJZFYL GFDP;ZSFZzLGF\ 9ZFJGL TFZLB[ H 5|lTJFNL G\P$ VG[ 5 G[ lGD6}\S VF5L N[JFGL SZ[, R[Q8F 5|lTJFNL G\P$ VG[ 5 GF\ lGlCT :JFY" DF8[ SZJFDF\ VFJ[, CMJFG]\ S|DFG];FZGL TDFD 38GFVM 5ZYL DF+ lNXF;]RG GlC 56 IYFY" ;}RJ[ K[P

sV[Rf V+[ V[ AFAT B}A H 5|:T]T K[ S[4 dI]PSlDxGZzLGF TFP(v&v!! GF\ SR[ZL C]SD 5}J[" 56 CIFT VF;LP dI]PSlDxGZ VG [0[PdI]P SlDxGZ GL HuIFVM EZJF DF8[ ;DU| 38GFS|D ;}RJ[ K[ S[4 5|lTJFNL G\P$ VG[ 5 GF\ lGlCT :JFY" DF8[ VF HuIFVM EZJF DF8[ SM. H 5|ItG ,UEU !P!qZ JQF" ;]WL SZJFDF\ VFJ[, GYLP 5Z\T] 5|lTJFNL G\P$ VG[ 5 DF8[ ;}I"5|SFX SZTF\ JW] UlTYL lGD6}\SGF\ C]SDM SZL N[JFDF\ VFJ[, 5|IF; SM.56 ;\HMUMDF\ TFlS"S4 A]lwWUdI4 SFIN[;Z VG[ XF656EIM" :5Q8 YTM GYLP

sVF.f ;FDFgI ZLT[ SM.56 A-TL4 lGD6}\S4 0[%I]8[XG S[ JLhF 5F;5M8" DF8[ 56 BFTFSLI T5F; S[ SFG]GL SFI"JFCL RF,] S[ 50TZ GYL4 lX1FF YI[, GYL T[JF 5|DF65+M4 GF JF\WF 5|DF65+GM VFU|C VlGJFI" K[P T[D KTF\ 5|:T]T lS:;FDF\ T[D SZJFDF\ VFJ[, GYLP 5|lTJFNL G\P$ VG[ 5 GF\ lS:;FDF\ T[VM lGQS,\S G 9Z[ T[JF 5|YDNXL" N:TFJ[HM 5|lTJFNL G\P# GL HF^FDF\ CTF KTF\4T[ 5|tI[ wIFG NMZ[, GYLP 5L8LXGZMGL HF^F C[9/GL T[JL lJUT ZH] Y. XS[ T[D K[P VT=[ V[ 56 ;]RS K[ S[ 5L8LXGMZM T5F; VlWSFZL VG[ ZH]VFT VlWSFZL ZCL R]S[,F K[ VG[ CF,DF\ 56 K[P

;FDFgI ;EFGF TFP(v&v!! GF\ 9ZFJ AFAT[ p5Z sV[f YL sVF.f ;]WLGL lGlN"Q8 SZ[, CSLSTGF VG];\WFG[ VDM 5L8LXGZMG[ G EZ5F. YFI T[J]\ ;[JF,1FL4 SFZlSNL",1FL VG[ A\WFZ6LI CSSMG]\ G]SXFG YJF 5FD[, K[ T[G]\ jIFHAL56]\ v

sSf VDM A\G[ 5L8LXGZM 5|lTJFNL G\P$ VG[ 5 SZTF\ prR SFINFGL 5NJLVM ;FY[ AC]lJW HFC[Z JCLJ8GM ACM/M VG]EJ WZFJLV[ KLV[P T[D KTF\ 5L8LXGZMG[ 0[P dI]PSlDxGZGL _Z V5U|[0 YI[, HuIFVM p5Z lGD6}\S VF5JFG[ AN,[ SFINFGF :GFTSGL VlGJFI" ,FISFT GlC WZFJTF\ T[JF 5|lTJFNL G\P$ G[ TYF VDM 5L8LXGZM SZTF\ VMKL SFINFGL 5NJL WZFJTF\ 5|lTJFNL G\P5 G[ DM0 VMO V[5M.g8D[g8GL 5|lS|IF VG];IF" lJGF lGD6}\S ;tTFlWSFZL l;JFI U[ZSFIN[;Z lGD6}\S VF5L N. VDM 5L8LXGZMGF\ SFIN[;ZGF CSSM ;FY[ VDFZF A\WFZ6LI CSSM VF8L"S,v!$ VG[ !& C[9/GF\ CSSM KLGJL ,. VDFZF VlWS'T VG[ SFIN[;ZGF VlWSFZ p5Z TZF5 DFZJFDF\ VFJ[, K[P ;FY[ VF H HuIFGF ;FYL pD[NJFZMG[ 56 VgIFI YJF 5FD[, K[P

sBf 5|lTJFNL G\P$ VG[ 5 :JI\ ;]ZT DCFGUZ5Fl,SFGL 0[P dI]PSlDxGZGL HFC[ZFT VgJI[ pD[NJFZM CMJF KTF\ VgI ;FYL pD[NJFZM ;lCT TDFD pD[NJFZMDF\ z[Q9TD ,FISFT WZFJTF\ VDM 5L8LXGZMG[ .ZFNF5}J"S VDFZF VlWSFZYL J\lRT ZFBL ,FISFT GlC WZFJTF\ 5|lTJFNL G\P$ VG[ VDM SZTF\ VMKL SFINFGL ,FISFT WZFJTF\ 5|lTJFNL G\P5 G[ lGD6}\S VF5L N. ZFHI ;ZSFZ VG[ dI]lGPSlDxGZ4 ;]ZT[ SFINF ;D1F ;DFGTFGF l;wWF\TMG]\ ,L,FD SZ[, K[P H[ V5FZNXL"4 ;C[T]S A[HJFANFZL5}^F"4 U[ZgIFIL VG[ lAG T8:Y HFC[Z JCLJ8 5]ZJFZ SZ[ K[P H[ WM/[ lNJ;[ SFINF VG[ gIFIGF B}G ;DFG K[P

sUf U]6NMQF p5Z VDM A\G[ 5L8LXGZMGL prR ,FISFT VG[ 5F+TF CMJF KTF\ ZFHI ;ZSFZ VG[ dI]PSlDxGZ4 ;]ZTGFV[ 5|lTJFNL G\P$ H[ VIMuI K[ T[DG[ VG[ VDMYL VMKL SFINFGL ,FISFT WZFJTF\ 5|lTJFNL G\P5 G[ lGD6}\S VF5L N. EFZTGF A\WFZ6 C[9/ VF8L"S, v ZZ& C[9/ HFC[Z HuIF p5Z VIMuI jIlSTG[ GLDL N. SMvJMZg8MGL ZL8 5L8LXGG]\ SFZ6 p5l:YT SZ[, K[P V[G[1FZv!#

s3f
5L8LXGZM TZO[ 5L8LGZ G\PZ S1FFV[YL TFP!#v*v!!4 TFP!)v*v!! VG[ TFPZ_v*v!!4 TYF TFPZZv*v!! GF\ ZMH .vD[., YL ;lRJzL4 XC[ZL lJSF;4 U]HZFT ZFHI4 UF\WLGUZ4 SFINF ;lRJzL4 U]HZFT ZFHI4 UF\WLGUZ TYF ;lRJzL4 DFGGLI DCFDlCD ZFHI5F,zL G[ ;\AMWLG[ 5]GZFJlT"T ZH]VFT SZJF KTF\ ZFHI ;ZSFZzL H[ ALP5LPV[DP;LP V[S8 GL S,Dv$5! C[9/ DCFGUZ5Fl,SF 51F[ YTL SFINF lJZ]wWGL SFI"JFCL AFAT[ UF0L"IG TZLS[G]\ ptTZNFILtJ lGEFJJF J{WFlGS ZLT[ HJFANFZ K[ T[VM S1FFV[YL TFP(v&v!! GF\ 9ZFJYL 5|lTJFNL G\P$ VG[ 5 GL 5|DMXGYL SZ[, U[ZSFIN[;Z4 DG:JL VG[ :JK\NL lGD6}\SG[ ZN SZJF SM. 5|ItG GlC SZL VDM 5L8LXGZMG[ ptTZMtTZ JWT]\ HT]\ G]SXFG SZ[, K[P V[G[1FZv!$

R
V+[ V[ 56 GMWGLI K[ S[ 5L8LXGZMGL 5L8LXG V[0DLXG ,[J,[ H GFDNFZ VNF,T TZOYL SM> J{WFlGS GM8L;GL VG]5l:YlTDF 56 GFDNFZ VNF,TDF\ V[0DLXG TASS[ 5=lTJFNL G\ ! TZO[ V[HL5L `=FL XDF"GL TYF 5=lTJFNL G\ $ TZO[
V[0JMS[8`=FL lT=J[NL GL p5l:YlT V[G[1FZv!$ TYF VNF,TL C]SDGF 5lZ5=1FDF\ 36L ;]RS K[

V[G[1FZv!5

VDM 5L8LXGZMGL p5Z D]HAGL ;DU| S[lOIT VG[ ZH]VFTG[ VG],1FL GFDNFZ prR VNF,TGF TFPZ*v*v!! GF\ VDFZL 5L8LXGGF VG];\WFG[ YI[, VFN[X VG];FZ 5|lTJFNL G\P$ VG[ 5 GL DG:JL4 U[ZSFIN[;Z4 lGlCT :JFY" WZFJTL VG[ VF5B]NXFCL lAGJ{WFlGS4 lAG,MSTF\l+S lGD6}\SG[ ZN SZL ;NZ A\G[ HuIFVM p5Z VYJF lJS<5[ 0[%I]8L dI]lGP SlDxGZMGL BF,L HuIF 5Z AL5LV[D;L V[S8GL S,Dv$5s5f4 $5s&f4 ;FY[ 5|SZ^Fv#GL lGIDv#GL HMUJF. 5{SL D]GF;LA ,FU[ T[ HMUJF. C[9/ VDM 5L8LXGZMGL lNGv#_GL VJlWDF\ lGD6}\S Y. VFJJF VDFZL NFN K[P

TYF ;]PDPGP5F DF\ p5l:YT YI[, TDFD S,Dv$5 C[9/GL AFSL BF,L HuIFVM 5^F ZFHI ;ZSFZzLV[ D\H]Z SZ[, ,FISFT VG];FZ IMuI SFINFSLI 5|lS|IF VG];ZL VFJ[, VZHLVM 5{SL lNGv#_DF\ EZJF 5^F VDM 5L8LXGZMGL NFN K[P

!P ZMlCT VFZP RF{WZL PPPPPPPPPPPPPPPPPPPPPPPPPP

ZP lCZG[X V[;PEFJ;FZ PPPPPPPPPPPPPPPPPPPPPPPPPP

Implementation of Right to Information Act 2005 with special reference to Surat Municipal Corporation -a study

2011-08-02T07:46:00.000-07:00

Title Page

Dissertation Title:- Implementation of Right to Information Act 2005 with special reference to Surat Municipal Corporation -a study

Name & Enrollment Of the Candidate:-
Hirnesh Sharadchandra Bhavsar Enrollment No. 094389822

Supervised By:-
Name of the academic supervisor:-
Dr. Priti Grarg
Associate Professor
Department of Public Administration
V.N.South Gujarat University Surat

Master Of Arts Public Administration
Indira Gandhi National Open university

January 2011
month & year of submission

This dissertation is submitted in partial fulfillment of the requirements of the M.A. (public Administration) of the Indira Gandhi National Open university

January 2011

Acknowledgements
-------------------------------------------

I convey thanks from bottom of my heart to my academic supervisor & guide Dr. Priti Garg who at every stage of dissertation preparation stood with me with her expert knowledge & valuable time, especially without insisting personal meeting every time. She advised, guided &interacted through E-mail, sms or telephonic conversation. I salute her for the nobility, humbleness & dynamic attitude.
Simultaneously I am also thankful to Miss S. Aparna IAS commissioner Surat municipal corporation for her consent to use data of SMC pertains to right to information implementation without any restriction for my case study & research. she became kind enough give an extensive interview regarding the subject under study.
I am also grateful to conservator of forest & than deputy municipal commissioner & appellate officer SMC to be kind enough to express his views sparing valued time to give feed back for the study, even after transfer from smc.
I also convey special thanks to Deputy municipal commissioner (special) & Appellate officer & also Deputy municipal commissioner (p & i) & Nodal officer for their valuable opinion & motivation to me to carry on with the research.
At this juncture I should not forget all public information officers & functionaries of SMC who spared enough time in filling questionnaire & giving feedback.
Last but not the least I am thankful to all applicants who gave valuable suggestions & feedback in the questionnaire & return to me for this study.
At the end how I can forget the staff of RTI cell SMC & at various zone & departments in SMC. without their cooperation in data collection it was not possible for me to complete the study.

Table of content

Chapter No. Detail
1 To study the provisions of RTI Act 2005 & RTI rules Gujarat 2005 & amended RTI rules Gujarat 2010
2 Mechanism for implementing RTI act including the mechanism in smc along with administrative machinery in place in smc.Also to evaluate the same with reference to Study report, analysis & review displayed on website & in the media including the report of price water house cooper submitted to central commission & Important Media report published regarding Rti Act implementation
3 Status of request received / made , transferred, disposed off, rejected, pending & appeals made before first & second appellate authorities in the year 09-10
4 Views of complainants relating to procedures, interactions & outcome of applications & views of functionaries relating to the outcome, challenges faced & how to meet the challenges along with interview of CEO & commissioner SMC
5 Issues that require to be addressed & amendment that could be made in the act
6 Conclusion & suggestions.

Contents

Sr. No. Topics Page Number
1 Introduction
2 Provisions including Provisions Relating to
Mechanism for Implementing the RTI Act

3 Machinery at Surat Municipal Corporation for
Implementing the RTI Act and the Status of
Complaints Filed
4 Views of Complainants and Functionaries
5 Conclusions and Suggestions

Sr. No. Topics Page Number
1. Introduction
2. Provisions including Provisions Relating to
Mechanism for Implementing the RTI Act

3. Machinery at Surat Municipal Corporation for Implementing the RTI Act and the Status of Complaints Filed

4. Views of Complainants and Functionaries
5. Conclusions and Suggestions

Table of content

Chapter Detail
No.
1/ To study the provisions of RTI Act 2005 & RTI rules Gujarat 2005 & amended RTI rules Gujarat 2010
2/ Mechanism for implementing RTI act including the mechanism in smc along with administrative machinery in place in smc.
Also to evaluate the same with reference to Study report, analysis & review displayed on website & in the media including the report of price water house cooper submitted to central commission & Important Media report published regarding Rti Act implementation
3/ Status of request received / made , transferred, disposed off, rejected, pending & appeals made before first & second appellate authorities in the year 09-10
4/ Views of complainants relating to procedures, interactions & outcome of applications & views of functionaries relating to the outcome, challenges faced & how to meet the challenges along with interview of CEO & commissioner SMC
5/ Issues that require to be addressed & amendment that could be made in the act
6/ Conclusion & suggestions.

Material, books , literature & documents refereed

1. Provisions of RTI Act 2005 & RTI rules Gujarat 2005 & amended RTI rules Gujarat 2010
2. Right to information Act 2005 with notes & case laws – SBP publication By Harish Shah
3. Indian constitution Law by M.p. Jain
4. Hand Book for public information officers under the RTI Act By R. S. Tolia Chief Information Commissioner Uttaranchal.
5. Official Secrets Act 1923
6. Income Tax Act 1961 Section 2(31)
7. Law Lexicon for definition of person
8. Freedom of information Act 2002
9. Website of Surat municipal corporation www.suratmunicipal.gov.in

10. Website of state information commission Gujarat www.gic.guj.nic.in
www.gujaratindia.com
11. Website of central information commission www.cic.gov.in

12. Mechanism for implementation of RTI Act 2005 in SMC along with administrative machinery in smc
13. Status of request received / made, transferred, disposed off, rejected, pending & appeals made before first & second appellate authorities in the year 09-10
14. Views of complainants relating to procedures, interactions & outcome of applications
15. views of functionaries relating to the outcome, challenges faced & how to meet the challenges along with interview of CEO & commissioner SMC
16. Study report, analysis & review displayed on website & in the media including the report of price water house cooper submitted to central commission.
17. Important Media report published regarding RTI Act implementation

Material, books , literature & documents refereed

1/ Provisions of RTI Act 2005 & RTI rules Gujarat 2005 & amended RTI rules Gujarat 2010
2/ Right to information Act 2005 with notes & case laws – SBP publication By Harish Shah
3/ Indian constitution Law by M.p. Jain
4/ Hand Book for public information officers under the RTI Act By R. S. Tolia Chief Information Commissioner Uttaranchal.
5/ Official Secrets Act 1923
6/ Income Tax Act 1961 Section 2(31)
7/ Law Lexicon for definition of person
8/ Freedom of information Act 2002
9/ Website of Surat municipal corporation www.suratmunicipal.gov.in
10/ Website of central information commission
11/ Website of state information commission Gujarat
12/ Mechanism for implementation of RTI Act 2005 in SMC along with administrative machinery in smc
13/ Status of request received / made, transferred, disposed off, rejected, pending & appeals made before first & second appellate authorities in the year 09-10
14/ Views of complainants relating to procedures, interactions & outcome of applications
15/ views of functionaries relating to the outcome, challenges faced & how to meet the challenges along with interview of CEO & commissioner SMC
16/ Study report, analysis & review displayed on website & in the media including the report of price water house cooper submitted to central commission.
17/ Important Media report published regarding RTI Act implementation

Material Displayed on website of CIC, & referred for study

No. Content Source
1. Final Report
understanding key issues & constraints in implementation
of RTI act June 2009 Price water House cooper
2. Who is afraid of transparency Aruna Roy & Nikhil Dubey
3. NRI in US allowed RTI access Pioneer

4. Over 25000 applications still pending in Delhi government Bureau report zee
5. Inter American court finds fundamental right of access of
information websiteCIC
6. Still long way to go P.M. people must respect other's right while using RTI Hindustan times
7. High court orders Mps to reveal their expenses
P.M. & Cameron receipts could go public next week Independent U.K.
8. 78% RTI officers have average awareness
9. RTI Act is fine Mishra correspondent,
10. Jankari Project of Bihar state Govt. regarding RTI implementation
partnering BSNL Govt. & B.P.O. WEBsite CIC
11. Lessons from penalty imposed by CIC Compiled by Dy. ch. Eng. Andaman
12. Consumer protection & RTI Pravin Dalal
13. Expanding Horizon Consisting of constitutional Response, food & drug, venereal
& infectious disease, under the control of public authority, electronic governance, antecedents of election
candidates,, person, citizen etc '' ''
14. Research needed on Rti Bhasker rao, Guinness record holder
15. My experience on RTIJudiciary, N.H.R.C, LOKSABHA Subhash chandra agraval
16. RTI step towards transparent governance Role of NIC Aruna Chhabu NIC GOI
17. Supreme court tips on privacy Michel crist
18. Narega in Katni guaranteed job, or guaranteed corruption
venkant Naik for CHRI

Material Displayed on website of CIC, & referred for study

content source

1/ Final Report
understanding key issues & Price water House cooper
constraints in implementation
of RTI act June 2009
2/ Who is afraid of transparency Aruna Roy & Nikhil
Dubey

Wherein applicant Vakta Ram sought details/ copies of record of NAREGA expenditure under RTI ACT fromBlock development office who was beaten up rather than providing info information, fearing public audit & exposed of corruptions

3/ NRI in US allowed RTI access pioneer
4/ Over 25000 applications still Bureau report zee
pending in Delhi government
5/ Inter American court finds
fundamental right of access of
information
7/ Still long way to go P.M. Hindustan times
people must respect other's
right while using RTI
8/ High court orders Mps to reveal Independent U.K.
their expenses
P.M. & Cameron receipts could
go public next week
9/ 78% RTI officers have average
awareness
10/ RTI Act is fine Mishra correspondent,
11/ Jankari Project of Bihar state
Govt. regarding rRTI implementation
partnering BSNL Govt. & B.P.O.
12/ lessons from penalty imposed by Compiled by Dy. ch. Eng. CIC Andaman
13/ Consumer protection & RTI Pravin Dalal
14/ Expanding Horizon ''
Consisting of constitutional
Response, food & drug, venereal
& infectious disease, under the
control of public authority, electronic
governance, antecedents of election
candidates,, person, citizen etc

16/ Research needed on Rti Bhasker rao, Guinness record holder
17/ My experience on RTI Subhash chandra Judiciary, N.H.R.C, LOKSABHA agraval
18/ RTI step towards transparent Aruna Chhabu
governance Role of NIC NIC GOI
19/ Supreme court tips on privacy Michel crist
20/ Narega in Katni guaranteed job, venkant Naik for CHRI
or guaranteed corruption

important media report published, & referred for study

NO. content
source
1. From common man to superman
transparency's torch bearer Times of India 23/03/07
2. 30days promise still a distant
reality, Gujarat has stolen a march
interview of Arvind kejarival '' ''
3. Three years of RTI Act working well
in rural areas but little impact in
Sachivalay '' 13/10/08
4. Right idea for telling tale Now we know five years on, The RTI has survived many an efforts to dilute it's provision '' the times crest edition Oct. 10
5. CIC bars info on I.T. return of third party T.O.I. A.bad
6. No Info under RTI without third party's
Consent '' ''
7. Now citizens can asked for babus
property details '' ''
8. Education degrees are public documents case of DMC, smc, by GIC '' 11/06/06
9. Rape victims becomes unwed motheruse RTI to nail cops '' ''
10. How bureaucrats property came under RTI '' 12/06/08
11. Failing to provide info within stipulates time district social welfare officer penalized Gujrat samachar
12. It is unsafe to divulge collated info
on IAF's man power says cic T.O.I. 20/07/08
13. Four Retd officers penalized
GSI officers punished for delayed
disclosure of info '' ''
14. Babus told to stick to RTI deadlines CIC '' 21/07/08
15. Public servant under suspension can
seek info CIC '' 17/07/08
16. RTI applicants to get travel cost CIC '' 15/07/08
17. Now an RTI call centre for queries '' 17/07/08
18. Will sonia be penalized under RTI ''
19. Sonia for Bihar model for RTI call centre '' 12/08/08
20. File with education certificates of DMC
goes missing ''
21. Uttar Pradesh chief secretary slammedfor not implementing RTI Western times20/08/08
22. Info with sub judice case can not be
withheld CIC in case of shipping ministry T.I.O. 12/12/08
23. GIC stays disclosure of information on
Nirma, scl '' 15/12/08
24. Fali wants judges to declare assetsrejects Delhi High court request to assist in supreme court plea challenging CIC order '' 22/01/09
25. Information should be provided in manner it is sought CIC ''
26. RBI mum on co. op. banks closure ''
27. Just one percent of RTI fine recorded ''
28. NBRI demand for I.D. proof from applicant unjustified CIC ''
29. Simple RTI questions gets outrageous
answers GIC ''
30. Govt can not deny info on officers
credentials T.O.I.
31. Due to shortage of staff backlog of appeals G.S. 12/02/09
32. Negativity of information Govt. spend
Rs. 6700/ on postage, though not furnished info on pay & allowances of babus ''
33. CIC pulls up IIM a information officer ''
34. Govt can not deny info on cases pending in court ''
35. Doubt about RTI Act displayed ''
36. CJI's office falls under RTI act, says H.C.Bombay High court judges to declare assets '' 03/09/09
37. Disclose papers in Netaji's death case
CIC to MHA '' 05/09/09
38. Order to inspect answer book AIR 2008
39. Third party info consent required GLR 2007
40. Order to withdraw transfer order by GIC ultra virus
GLR 2008
41. RTI activist CIC role under cloud
Shailesh Gandhi who had vowed to clear backlog seems to be away from target CIC order on declaration of SIC judges assets stayed T.O.I.
42. Work shop on RTI '' 12/10/09
43. RTI helps BSNL customer get compensation ''
44. Do the right thing. problem with RTI deeper than appointment of CIC ''
45. ONLY 27% gets info under RTI, says study ''
46. Notice to V,N,S,G.U. V.C. under RTI act ''
47. Sc stays CIC order on judges appointment '' 05/12/09
48. Govt. mulls changes in RTI act '' ''
49. IAS officers assets can be a secret, ''
50. MPs MLAs not covered under RTI '' 04/12/09
51. Arrest warrant issued against PIO ''
52. parliamentary panel record can be made public CIC '' 03/12/09
53. RTI does not apply to judgments S.C. ''
54. RTI act being used to dislodge cic himself ''
55. CJI's office under RTI Delhi high court ''
56. Give priority to senior citizen rti applicants ''
57. CJI's office under RTI S.C. challenges H.C.VERDICT ''
58. Guju boy takes RTI route for CAT score ''
59. Co.op. society not covered under RTI H.C. ''
60. Info with corporates not private CIC allows disclosure of I.T. records of escort hospital ''
61. U.S & Europe are the land of free The govt. is fooling us ''
62. Your right to info - is an army of activist a boon or bane five years on babus know too little ''11/04/10
63. CIC denies info on prez health term it personal '' 23/08/10
64. Whether answer sheet be available forinspection under RTI Guj Today 07/05/06
65. Blind RTI crusader gets death threats
TOI award winner Ratna Balu told to stop asking too many questions T.O.I. 7/10/10
66. V,N.S.G.U. v.c.'s appointment as
NGU professor part of scam report
inquiry report obtained through RTI '' 28/09/10
67. order to divulge correspondent between external affairs dept & CBI regarding extradition of warren ender son G.S. 30/09/10
68. G.U. registrar faces ire of info
commission T.O.I. 20/07/10
69. Now help just call away for RTI
applicants under threat ''
70. Amend the act to come out from awkward situation sec. to president G.S..
71. M.s gill's RTI comments sign of
unaccountability CIC T.O.I. 04/10/10
72. New rule to stifle RTI applicants
Civilians use will lead to policy change

T.O.I. 17/12/10

important media report published, & referred for study

content source

1/ From common man to superman Times of India 23/03/07
transparency's torch bearer
2/ 30days promise still a distant
reality, Gujarat has stolen a march '' ''
interview of Arvind kejarival
3/ Three years of RTI Act working well
in rural areas but little impact in
Sachivalay '' 13/10/08
4/ Right idea for telling tale
Now we know five years on, The RTI
has survived many an efforts to dilute '' the times crest
it's provision edition Oct. 10
5/ CIC bars info on I.T. return of third party T.O.I. A.bad
6/ No Info under RTI without third party's
Consent '' ''
7/ Now citizens can asked for babus
property details '' ''
8/ Education degrees are public documents
case of DMC, smc, by GIC '' 11/06/06
09/ Rape victims becomes unwed mother '' ''
use RTI to nail cops
10/ How bureaucrats property came under RTI '' 12/06/08
11/ Failing to provide info within stipulates time
district social welfare officer penalized Gujrat samachar
12/ It is unsafe to divulge collated info
on IAF's man power says cic T.O.I. 20/07/08
13/ Four Retd officers penalized
GSI officers punished for delayed
disclosure of info '' ''
14/ Babus told to stick to RTI deadlines CIC '' 21/07/08
15/ Public servant under suspension can
seek info CIC '' 17/07/08
16/ RTI applicants to get travel cost CIC '' 15/07/08
17/ Now an RTI call centre for queries '' 17/07/08
18/ Will sonia be penalized under RTI ''
18/ Sonia for Bihar model for RTI call centre '' 12/08/08

19/ File with education certificates of DMC
goes missing ''
20/ Uttar Pradesh chief secretary slammed Western times
for not implementing RTI 20/08/08
21/ Info with sub judice case can not be
withheld CIC in case of shipping ministry T.I.O. 12/12/08
22/ GIC stays disclosure of information on
Nirma, scl '' 15/12/08
23/ Fali wants judges to declare assets '' 22/01/09
rejects Delhi High court request to assist in
supreme court plea challenging CIC order
24/ Information should be provided in manner
it is sought CIC ''
25/ RBI mum on co. op. banks closure ''
26/ Just one percent of RTI fine recorded ''
27/ NBRI demand for I.D. proof from applicant
unjustified CIC ''
28/ Simple RTI questions gets outrageous
answers GIC ''
29/ Due to shortage of staff backlog of appeals G.S. 12/02/09
30/ Govt can not deny info on officers
credentials T.O.I.
31/ Negativity of information Govt. spend
Rs. 6700/ on postage, though not furnished
info on pay & allowances of babus ''
32/ CIC pulls up IIM a information officer ''
33/ Govt can not deny info on cases pending
in court ''
34/ Doubt about RTI Act displayed ''
35/ CJI's office falls under RTI act, says H.C.
Bombay High court judges to declare assets '' 03/09/09

36/ Disclose papers in Netaji's death case
CIC to MHA '' 05/09/09
37/ order to inspect answer book AIR 2008
38/ Third party info consent required GLR 2007
39/ Order to withdraw transfer order by GIC
ultra virus GLR 2008

40/ RTI activist CIC role under cloud
Shailesh Gandhi who had vowed to clear T.O.I. backlog seems to be away from target
CIC order on declaration of SIC judges
assets stayed
41/ Work shop on RTI '' 12/10/09
42/ RTI helps BSNL customer get compensation ''
43/ Do the right thing. problem with RTI deeper
than appointment of CIC ''
44/ ONLY 27% gets info under RTI, says study ''
45/ Notice to V,N,S,G.U. V.C. under RTI act ''
46/ Sc stays CIC order on judges appointment '' 05/12/09
47/ Govt. mulls changes in RTI act '' ''
48/ IAS officers assets can be a secret, ''
49/ MPs MLAs not covered under RTI '' 04/12/09
50/ Arrest warrant issued against PIO ''
51/ parliamentary panel record can be made public '' 03/12/09
CIC
52/ RTI does not apply to judgments S.C. ''
53/ RYI act being used to dislodge cic himself ''
54/ CJI's office under RTI Delhi high court ''
55/ Give priority to senior citizen rti applicants ''
56/ CJI's office under RTI S.C. challenges H.C.
VERDICT ''
57/ Guju boy takes RTI route for CAT score ''
59/ Co.op. society not covered under RTI H.C. ''
60/ Info with corporates not private CIC allows ''
disclosure of I.T. records of escort hospital
61/ U.S & Europe are the land of free ''
The govt. is fooling us

62/ Your right to info - is an army of activist ''11/04/10
a boon or bane five years on babus know
too little
63/ CIC denies info on prez health term it personal '' 23/08/10
64/ Whether answer sheet be available for Guj Today
inspection under RTI 07/05/06
65/ Blind RTI crusader gets death threats
TOI award winner Ratna Balu told to stop
asking too many questions T.O.I. 7/10/10
66/ V,N.S.G.U. v.c.'s appointment as
NGU professor part of scam report
inquiry report obtained through RTI '' 28/09/10
67/ order to divulge correspondent between
external affairs dept & CBI regarding
extradition of warren ender son G.S. 30/09/10
65/ G.U. registrar faces ire of info
commission T.O.I. 20/07/10
66/ Now help just call away for RTI
applicants under threat ''
67/ Amend the act to come out from awkward
situation sec. to president G.S..
68/ M.s gill's RTI comments sign of
unaccountability CIC '' 04/10/10
69/ New rule to stifle RTI applicants
Civilians use will lead to policy change T.O.I. 17/12/10

Chapter 1
To study the provisions of RTI Act 2005 & RTI rules Gujarat
2005 & amended RTI rules Gujarat 2010

In every act objectives of the same are narrated in the preamble. Preamble of the RTI act provides for-

-Setting out the practical regime of right to information for citizens to secure access to information under the control of public authority.
-To promote transparency & accountability in the working of every public authority
-Constitution of central & state information commission
-To contain corruption & to hold government & it's instrumentalities accountable to the governed.

Preamble is pretty clear in Para 4 that revelation of information in actual practice is likely to conflict with Other public interest including efficient operations of the government Optimum utilization of limited fiscal resources and preservation of confidentiality of sensitive information, Though it has provided to harmonies these conflicting interest while preserving paramountancy of democratic ideals.

Now coming to the act it is divided in six chapters consisting of 31 sections & 151 sub sections, subclasses.

In chapter 1 extent, commencement,& definitions are given. Which includes the definitions of information, public authority, record, right to information, & third party among others.

Act is applicable to whole of India except Jammu & Kashmir

Definition of public authority is reproduced:-

(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;
(c) by any other law made by State Legislature;
(d) by notification issued or order made by the appropriate Government,

and includes any—
(i) body owned, controlled or substantially financed;
(ii) non-Government organization substantially financed,

directly or indirectly by funds provided by the appropriate Government
Which indicates where ever major chunk of public fund Is utilized every such public authority falls under the preview of RTI act including an NGO. While all government & public offices are by status falls under it.

Definitions of information & right to information are reproduced:-

"information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force;
"right to information" means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to—
(i) inspection of work, documents, records;

Which shows everything materially available in public office or under the control of public authority is covered under information & right to information including inspection of record.

Chapter 3 of the act covers section 3 to 11
Wherein right of citizen to avail information, proactive disclosure under section 4 in 17 manual, designation of PIO, APIO, Appellate officers under section 5, request for obtaining information under section 6 including transfer to other public authority within not later than 5 days are covered.

Section 4 SEVENTEEN manuals are:-
PUBlish within one hundred and twenty days from the enactment of this Act,—
(i) the particulars of its organisation, functions and duties;
(ii) the powers and duties of its officers and employees;
(iii) the procedure followed in the decision making process, including channels of supervision and accountability;
(iv) the norms set by it for the discharge of its functions;
(v) the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions;
(vi) a statement of the categories of documents that are held by it or under its control;
(vii) the particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof;
(viii) a statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards, councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public;
(ix) a directory of its officers and employees;
(x) the monthly remuneration received by each of its

(xi) the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made;
(xii) the manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes;
(xiii) particulars of recipients of concessions, permits or authorisations granted by it;
(xiv) details in respect of the information, available to or held by it, reduced in an electronic form;
(xv) the particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use;
(xvi) the names, designations and other particulars of the Public Information Officers;

(xvii) such other information as may be prescribed; and thereafter update these publications every year;

Under section 7 disposal of request within 30 days in other cases while within 48 hours in case of life & liberty are provided.
Provisions to pay the charges for documents & inspection & in case of late submission u/s 7(6) to provide the information free of cost are covered.
While u/s 7(5) in case of bellow poverty line applicants provision to provide information without fee & charges is covered.
Under section 8(1) a To j various exemptions are given under which information can be denied are reproduced.

(1) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen,—
(a) information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence;
(b) information which has been expressly forbidden to be published by any court of law or tribunal or the
(c) information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature;
(d) information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information;
(e) information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information;
(f) information received in confidence from foreign Government;
(g) information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes;
(h) information which would impede the process of investigation or apprehension or prosecution of offenders;
(i) cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers:
Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over:
Provided further that those matters which come under the exemptions specified in this section shall not be disclosed;
(j) information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information:
Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.

It is note worthy u/s 8(2) that without recourse to provisions under official secrets act 1923 or various exemptions u/s 8(1) if public information interest outweigh the harm to the protected, specific provisions are made on the part of public authority giving discretion to divulge information.
While in case of exemption u/s 8(1) a i.e. sovereignty of India etc, breach of privilege of parliament or state legislature or cabinet papers , on completion of 20 years it comes out from exempted category.
While as per note under section 8(1) j information which can not be denied to parliament or state legislature shall not be denied to any person.
u/s/ 9 provision is there to exempt information pertains to infringement of copyright subsisting in a person other than state.
Section 10 provides for severability i.e. in case of mix information consist of exempted & non exempted category provision is made to provide by severance.
Section 11 pertains to information provided by third party

content of the provision of third party info is “Which relates to or has been supplied by a third party & has been treated as confidential by third party.
Before providing access to third party information provision is there to give written notice to the third party within 5 days of receipt of request & giving an opportunity to third party to make representation before disclosing such information.
Also provision is made to disclose such information except trade & commercial secrets protected by law if public interest outweigh in importance any possible harm or injury to the interest of third party.
Applying this entire procedure third party information is to be provided or refuse recording the reasons within 40 days period.

Even in case of disclosing information belongs to third party if PIO is rejecting the objection raised by third party & decide to disclose information statutory provision is made to giving such notice to third party with intimation of his /her right to appeal.
Here noteworthy point is there is no specific provision of interim stay in case of appeal by either party under section 11.
Conspicuous provisions under chapter 2 is to cover information relating to any private body which can be accessed by a public authority under any other law for the time being in force u/s 2(f)
While to render reasonable assistance to the person seeking information on the part of PIO u/s 5(3), to render reasonable assistance to the person making request orally to reduce the same in writing u/s 6(1), providing assistance to the person sensor ably disable including such assistance as may be necessary for inspection by PIO u/s 7(4) is of vital importance towards implementation of the act in right spirit & intention. Also it require the PIO & public functionaries to change mind set from red tapism to public oriented.

Provisions of deem PIO u/s 5(5) & seeking assistance from any other officer u/s 5(4) for proper discharge of duties under this act indicates collective team work, & joint as well as several responsibility concept in right manner.
Most important provision u/s 6(2) is applicant making request shall not be required to give any reason for requesting information.
One of the debatable provision u/s 3 , 5, to 8 & 18 & 19 is :-
Section 3 of the act provides right to information for citizen while section 6(1) provides "any person who desires to obtain information shall make request", Provisions of reasonable assistance to the person seeking information under section 5(3), 6(1), & 7(4), NOTE UNDER SECTION 8(J), 18(1), & 19(1) provides for accessing information to person. thus it has wider connotation than citizen to cover at large, if refer the definition of person u/s 2(31) of the income tax act 1961 & definition of person under law lexicon.
In this chapter & even under the act too if analyzed perhaps one of the most important section is section 4 pertains to proactive disclosure. which provides to prepare & place on web site 17 manuals information sua moto.
17 manuals which provides for disclosing proactively in print form as well as on web site. if looked 17 manuals of PAD covers right from details of organization, it's aim, vision, mission, duties of organization, duties of it's employees & officers,, channel of supervision, job description of staff, citizen charter, remuneration to staff, directory of officers & staff, record maintained & available, budget, concession, permit, subsidies, &facilities given to the citizen to access information et. Thus PAD covers almost every details of organization falls under public domain.

Chapter 3 & 4 of the act
-----------------------------------------------
Provides for constitution, term of office, & remuneration of commission & it's staff, Of central information & state information commission under section 12 to 14 & 15 to 17 respectively.
Prime Minister/ chief minister, Leader of opposition, & cabinet minister nominated by P.M./C.M. in case of CIC/ SIC respectively is the committee for selection of chief information commissioner & commissioners. Act also provides to appointment of CIC & not more than 10 commissioners from the persons of eminence in public life wide knowledge & experience in law, science, technology, social service, management,, journalism, mass media or administration & governance.
Tenure of commission is five years or attaining age of 65 years which ever is earlier.
Salary & allowances payable to & other terms of conditions of service of CIC are the same as of chief election commissioner while an information commissioner is the same as of election commissioner.
CIC & I.C. shall be removed from his office only by order of president on the ground of proved miss behavior or incapacity after the supreme court on reference made to it by the president/ Governor respectively in case of central & state information commission.

CIC OR I.C. may resign from office tendering resignation to president or Governor in case of CIC/ SIC respectively.
Provisions are also there for removing CIC or I.C. on the ground of insolvency, moral turpitude, engage in public employment outside duties of office, infirmity of mind or body or acquiring financial interest likely to affect prejudicially his functions.
Thus office of CIC/ & I.C. are of high esteem & under constitutional provisions. also it is independent of any interference of executive, judiciary or parliament. Of course selection of CIC & I.C. is seems dominated.
Section 19 provides for appeal provisions.
U/s 19(1) any person who does not receive a decision within the time specified u/s 7 (1) or clause 3 of section 7 or is aggrieved by a decision of PIO may within 30 days from expiry of such period or from receipt of such decision prefer an appeal to such officer who is higher in rank of PIO.
This implied provisions are there to have immediate superior of PIO to be first appellate officer. Discretion is also given to F.A.A. to admit an appeal beyond 30 days if he/ she satisfies that applicant was prevented from making an appeal due to sufficient reasons.
while for second appeal against the decision of F.A,.A. within 90 days provision is there. Thus one can not move directly to second appeal before commission. Here also provision is made to allow delay appeal by commission.
Of course ground is open for applicant to complain directly u/s 18 to the commission.
Time limit for disposal of first appeal is ordinarily 30 days while with recording reaso0ns of delay period of disposal of first appeal is 45 days. While no express provisions of time limit is made in the act for the disposal of second appeal by commission. which may put similar scenario at information commission level as of pending court cases across the nation more than 2.5 crore in various courts including high court & supreme court.
Commission is empowered under section 19(8) for securing compliance from public authority, also require public authority to provide access to information, appointment of PIO, publishing certain information, make necessary changes in it's practice in relation to the maintenance & management & destruction of record, enhancing the provisions of training on RTI to it's officers & providing annual report.

commission is also empowered to impose penalty
or reject the application.
One of the mo0st important provision under this section is to give compensation to the complainant for any loss or detriment suffered.
U/s 20 commission is empowered to impose penalty to PIO for refusal of information without reasonable cause or refusal to receive application or furnishing wrong, miss leading information, destroying the information or not scrupulously following time limit specified.
Penalty provided is Rs. 250/- per day maximum Rs. 25000/ Of course provision is there to give reasonable opportunity of being heard to PIO before imposing penalty. Apart from penalty provision is also there to recommend public authority to initiate disciplinary action in case of in case of without any reasonable cause persistently failed to furnish information.

Looking to the provision u/s 19(8) provision is there to ask public authority to give compensation to the applicant by commission.
While u/s 20 PIO may be imposed penalty which if read section 5(5) includes deem PUO too. But there does not seem express or implied provisions for penalty to first appellate authority or to public authority in case of violation of provision of this act especially appointment of PIO/ APPELLATE OFFICER or non compliance of section 4 proactive disclosure & section 4(c) * (d) to publish relevant facts affecting public or to communicate to affected people of quasi or administrative decisions.
Under chapter 6 of the act section 21 provides for protection of action taken in good faith, thus no suit , prosecution or other legal proceeding shall lie against any person for any thing which in good faith done or intended to be done under this act or rules.
Section 22 provides for overriding effect of RTI act over official secrets act 1923 & any other law for the time being in force or in any instrument having effect by virtue of any law other than this act.
Under section 23 bar of jurisdiction is there. Accept appellate provisions under this act no court shall entertain any suit, application or other proceeding in respect of any order made under this act.
Section 24 provides for exemption to certain organization from implementation of this act up to certain extent. Such central list is of 18 organizations while Gujarat state list is of 11 .
Central list is given in second schedule while state list is notified by state. Both are reproduced.

THE SECOND SCHEDULE
(See section 24)
Intelligence and security organisation established by the Central Government
1. Intelligence Bureau.
2. Research and Analysis Wing of the Cabinet Secretariat.
3. Directorate of Revenue Intelligence.
4. Central Economic Intelligence Bureau.
5. Directorate of Enforcement.
6. Narcotics Control Bureau.
7. Aviation Research Centre.
8. Special Prontier Force.
9. Border Security Force.
10. Central Reserve Police Force.
11. Indo-Tibetan Border Police.
12. Central Industrial Security Force.
13. National Security Guards.
14. Assam Rifles.
15. Special Service Bureau
16. Special Branch (CID), Andaman and Nicobar.
17. The Crime Branch-C.I.D.-CB, Dadra and Nagar Haveli.
18. Special Branch, Lakshadweep Police.

N O T I F I C A T I O N
Home Department
Sachivalaya, Gandhinagar.
Dated the 25 October, 2005.
No. SB.I/102001/8203/GOI-62-(Part file): In exercise of the powers conferred by sub
section (4) of section-24 of the Right to Information Act 2005 (22 of 2005), the
Government of Gujarat hereby specifies with effect on and from the date of
publication of this notification in the official Gazette, the following as intelligence and
security organizations, being organizations established by the State Government and
State that the provisions of the said Act shall not apply to the said organizations.
1. State Intelligence Bureau.
2. Criminal Investigation Department.
3. Anti Terrorist Squad.
4. Commando Unit.
5. Border Wing Home Guards.
6. State Reserve Police Force.
7. Local Intelligence Branch. (L.I.B.).
8. Local crime Branch. (L.C.B.).
9. Following branches of the Commissionerates of Police
1. Special branches.
2. Detection of Crime branch. (D.C.B.).
3. Prevention of Crime branch. (P.C.B.).
10. Special branches of Home department, Sachivalaya, Gandhinagar.
11. Forensic Science Laboratory. (F.S.L.), Gujarat State, Ahmedabad.

These organizations are exempted from disclosing information under RTI But in case of corruption & human rights violation they have no exemption & in both such cases with the consent of commission provision is made to provide information within 45 days.
section 25 provides for monitoring & reporting. It provides each public authority shall prepare & submit periodical information of applications received, fee, charges recovered, positive, negative disposal, exemptions invoked for denial, cases of appeal etc to the commission through state or central government. Commission will prepare annual report to place it before parliament or state legislature. Here note worthy point is the matter to be reported covers efforts by public authority to administer & implementation of the spirit & intention of the act & recommendations for reform including in respect of public authority for development, improvement, modernization, reform or amendment to this act or common law or any other matter relevant for operational sing the right to access information.
Thus periodical review of functioning of public authority as well as necessary amendment required in acts are taken care of. This is an opportunity to introspect & evaluate each public authority annually.
One of the interesting provision u/s 25(5) is if it appears to commission that practice of public authority in relation to the exercise of it’s functions under this act does not conform with provisions or spirit of this act it may give to the public authority a recommendations specifying the steps which ought in it’s opinion to be taken for functioning such conformity.
Section 26 provides for training programmes & awareness to public especially disadvantaged community to exercise the rights contemplated under this act. Also provide for encouraging public authority to develop & organize programmes themselves. , promote timely disseminate information by public authority & imparting training to officers. Also provides for requiring public authority to publish guide in official language within 18 months & to up date periodically.
Section 27 provides for rule making to implement this act by appropriate Government I.e. centre or state.
Rules may be made for :-
Application fee, cost price of material for dissemination, charge for documents & inspection etc. Thus charge for proactive disclosure, material , inspection sample & other documents. Section empowers to make rule for salary & allowance & terms & conditions of service of officials & staff of commission, procedure of appeal etc.
Section 28 provide for rule making power by competent authority like office of president, Governor, speaker,, High court & supreme court, comptroller general & such other constitutional authority. etc.
They are having same powers as under section 27 except to make rules for salary & allowance & conditions of service & procedure of appeal.
Section 29 provides for laying rules before parliament Or state legislature. While section 30 provided removal of difficulties by central government. But looking to the provision “after the expiry of two years no such order shall be made” Now it has just academic relevance. No such order within two years are made.
Section 31 provides for repealing freedom of information act 2002. thus it is also just academic.
In last chapter of the act important provisions are even securing law enforcement organizations are also not absolute so far as corruption & human rights violations are concerned.
Training provision under section 25 & 26 to officers & public to use & implement act are certainly innovative & welcome. While review & monitoring provisions of 25 it self are an essence of era & demand of time. This will also encourage third party inspection of public governance in particular.
If referred constitutional provisions under article 19 freedom of speech & expression & article 21 right to life & liberty implied provisions are already there under freedom of speech to seek information. Because unless & until true information is not available to person how one can express views in speech? Thus it is pre requisite on the part of public authority & government to put in public domain facts of governance, so that people can analyze & debate in speech Or question public authority it’s decisions in public interest. In their speech to express their impartial & neutral views.
Like wise right to life & liberty implies to seek information to protect self life & liberty. If true information is not availed how one can protect or defend one self?
Thus to cherish these constitutional provisions express provisions are made under RTI act 2005.
Prior to RTI 2005 efforts were made in this regard by enacting freedom of information act 2002 but certain provisions like constitution of information commission & penalty provisions & also adherence to prescribed time such provisions were absent in that act. Thus RTI act 2005 has plugged these loop holes.
Of course constitutional provisions are there for citizen are on par with principles of constitution as it has been enacted, adopted by citizen & given to themselves. But RTI’s provisions especially under section 5, 6, 7, 8, 18 & 19 giving person access to information & if referred definition of person under section 2(31) & law lexicon defining person scope is wide enough beyond citizen. Thus it includes an individual, Hindu undivided family, partnership firm, Non government organizations, company, body of individuals, association of persons etc. Which is not limited to citizen as connotation of person is far wider than mere citizen under the citizenship act 1955.
Looking these provisions one can say vision is more enhanced under RTI for enforcing transparency & accountability.

Rules 2005 & 2010 by Gujarat state

Application fee kept Rs. 20/ for other than BPL applications.
Mode application fee earlier was either of
Cash, demand draft/ pay order & non judicial stamp paper .
While charges where payable in cash or through D.D./ pay order.
Inspection fee for fi9rst half hour nil & for next half hour or part of it Rs. 20/
Charges for sample model etc actual cost
While for A /4 size copy charge is Rs. 2 Per page & for larger than that actual cost of Xerox.
Rules amended in march 2010 provided application fee same but enhanced mode of payment beyond above 3 i.e. through court fee stamp, revenue stamp, judicial stamp, postal order & government chalan.
While charges can also be paid apart from cash , D.D./pay order through postal order, government chalan.
Thus by amendment mode of fee & charges are enhanced to facilitate the people of remote places & rural background. This is in right direction too & in consonance with spirit & intention of the act as provided under s. 25 Amended rules also provides for levying charges of documents 7 inspection fee as per if department rules if provision is made, thus to follow scrupulously departmental rule in this regard & in the absence of it these rules to follow. This provision was just limited to inspection only in rules 2005.. Thus it is facilitating to both public authority & person or applicant. Also this can prevent any contravention under departmental rules & RTI rules.
One rule may come in controversy is Rule & providing identification of citizen if required, looking to the provisions of act u/s 5 to 8, 18 & 19 if person can seek information than this may dilute spirit of the act if abused.
Various forms are also prescribed under rules to file application, form A ,to intimate to pay the fee form B, to supply information form C, to reject the request form D, to transfer form E & for first appeal form F. It is also clarified under the rules that it is just guiding & applicant can ask for information even on plain paper giving bare minimum details of name, address, contact No., details of information & office from whom seeking information.

Chapter 2

To study the mechanism for implementing RTI act

If referred RTI act it has provided very good mechanism for implementing the act.
Section 2 (f) well defines the public authority who are supposed to implement the act.
Section 4 provides for proactive disclosure under 17 manuals to be prepared & put on web site of each public authority within 120 days of enactment of the act, not only that under section 4(4) it provides for dissemination of all 17 manuals in cost effective manner in local language for wide access.
Section 5 provides for appointment of PIO & APIO within 100 days of enactment of the act. PIO is the centre point under the act for most effective implementation while s. 5(4) provides for seeking help of other officers & employees to dispose off request under RTI.
While 5(5) covers every body whose assistance is sought as deem PIO. Thus responsibility & accountability is determined.
U/s 6 (3) act has provided to transfer the application within not later than 5 days, if the subject matter of information is not belongs to PIO’s public authority than the P.A. to whom entire or part of it applies. This rather than refusing or returning the application provision is made to transfer to concerned P.A. to ensure process of application that to under the intimation to applicant. Here also time stipulated u/s 7(1) to dispose off application remain same i.e. 30 days. while in case of life or liberty 48 hours. Thus prescribed time limit becomes mandatory to preserve to dispose off application within stipulated time to maintain high spirit of the act.
Section 7(3) provides time limit for disposal along with documentation charge if to be levied except from B.P.L. Thus provision is made in case of who are not in a position to afford fee or charges are exempted from Payment under section 7(6). Simultaneously in the case of not furnishing the information within stipulated time provision is made to provide information free of cost, means for any omission or commission burden is on P.A. &P.I.O. If interpreted this section due to many circumstances or reasons especially in case of old record or voluminous information if matter got delayed PIO shall provide information free of cost to the applicant. But act is silent about from whom monetary burden occurred to public authority be recovered in such cases. Obviously PIO himself is not going to process these kind of cases to reimburse the loss occurred to authority due to his/her or subordinate’s omission or commission. Neither act has provided to review such cases at public authority level or departmental level except submitting annual report to commission. Looking bulk/ number of applications across the state practically it does not seems possible to review these cases at either information commission level or at assemble level, except computerized analysis is available PIO wise.
Incidentally during 5 years still no such report is prepared in many of the commission offices.
Section 8 has taken care of exempted category of information like sovereignty, integrity of India, court contempt, trade secrets or intelligent property, breach of privilege of parliament or legislature, cabinet papers & deliberations of meeting of officers, safety or security of life of informer, impede the process of investigation, or prosecution or apprehension of offenders & personal information. Simultaneously act provides that information which can not be denied to parliament or legislature shall not be denied to person is well in consonance with the spirit & intention of the act. But controversy may arise in categorizing personal information. Act provides “Disclosure of which has no relationship with any public activity or interest or which would cause unwarranted invasion of the privacy of the individual.
Looking to the provision any personal information may be denied by PIO. Even in appeal interpretation of the act or matter may benefit to PIO to defend for denial or delay. Vise e versa PIO may be penalized by commission for otherwise interpretation. Such information may be obstructed where prima facie in the interest of transparency & accountability require to disclose.
Glaring recent example of telephonic conversation of NIRA Radia of vaishnavi communications with host of politicians, bureaucrats & government agencies in the power corridor for allotment of 2 G spectrum wherein even comptroller & auditor general of India the apex body to audit public finding has also estimates the revenue loss to the government to the tune of Rs. 1.76 lakh crore. On publishing in media such conversation tapped by enforcement agency RATAN TATA the top most industrialist has approach the supreme court to prevent the publication of such & to call back all the tapes citing breach of privacy.
Looking to recent various scams/ scandals in governance & corruptive practices like common wealth games, out of Rs. 80000/ crores 40% corruption is estimate even by CAG,, Adarsh society scam in Mumbai where in by manipulation other than real beneficiaries claimed houses & allotted worth millions of Rs., & 2 G spectrum stated above involving than telecom minister A RAJA etc, in which even involvement eminent journalists like BARKHA DATT, VIR SANGHVI, etc for special favor or lobbying of particular corporate sectors are also alleged. In such cases though conversation may be personal public interest outweigh in importance & that’s why it becomes incumbent on the part of P.A. to disclose such for larger public interest though once approaching the court for privacy protection transparency is being scuttled. Thus personal & third party information needs to be clarified more like any information which is part of legal requirement, though personal should be disclosed. Or what ever information given by person or third party as part of statutory requirement should be in public domain.
From this perspective & looking to scams done by corporate sectors time to time one of the good example is the case of fourth largest computer software company of Satyam, wherein Raju the than CEO had manipulated the accounts & committed irregularities by misappropriating the company fund to the tune of Rs. More than Rs.6000 which still unresolved. The case certainly compels to reinterpret the section of exemption under the guise of either personal or third party information. Looking to public money generated by public limited company & corporate sectors question o becomes round the cp]corner is beyond share holders in case of public companies too people should have right to know about credentials, business strategy, management & company policy apart from financial result of the company. This certainly force the law maker to include public limited company too under the domain of public by covering it under the definition of PUBLIC AUTHORIYT.
Similar is the case with third party information under section 11.
Constitution of commission u/s 12 to 14 & 15 to 17 is to be guardian of act independent of any tier of constitutional authority.
Commission under the act is vested powers of civil procedure code 1908 for appellate procedure & also empowered to impose the penalty per day Rs. 250 up to maximum 25000/
As per media report Gujarat information in past 5 years has imposed penalty to various PIO to the tune of more than Rs. 6 laks in more than 65 cases.

But there is no provision to impose the penalty to First appellate authority.
Training provision u/s 26 is to maintain spirit & intention of the act is certainly praise worthy. And monitoring & reporting provision u/s 25 is also good but as pointed out earlier such monitoring & review at public authority level should also be enforced for better evaluation.
Otherwise than this in aggregate act has provided sufficient mechanism to implement the act.

Chapter 3

Study the administrative machinery in place in Surat municipal corporation towards implementation of the act.

Smc is a local self government having 326 Sq. K.m. area, 38 municipal wards of election, 114 municipal councilors, more than 80 departments looking after public & civic services of more than 3 million population as per 2001 census which is likely to cross four million in 2011. Annual budget of SMC is more than 2200 crore for 2010-2011

Smc has it’s own website www.suratmunicipal.gov.in it has put on web site information consisting of more than 1000 pages.
Sufficient details of organization, it’s duties, obligatory & discretionary function, it’s vision, mission is also placed on web site. Act under which it is governed i.e. BOMBAY PROVINCIAL municipal corporation act1949,, development & control & regulation act is also placed under which building construction is regulated.
On which majority of proactive disclosure is also being displayed under section 4 of the RTI act. Out of 17 manuals only job description & channel of supervision two manuals need to be strengthen while rest of manuals are satisfactorily displayed.
Powers & duties of officers:-
Commissioner is the CEO, other authorities are General Board, & standing committee. While special 11 committees are also there.. They are deriving powers from BPMC act which is placed on web site. Of course latest amendment incorporated in the act are not displayed like, 74th constitutional amendment & other amendment like 9increase in the tenure of mayor from one to 2.5 year etc. What ever powers delegated by commissioner to DMC, AMC, city engineer, Town development officer, town planner, executive engineer, & such other functionaries are placed on web site along with powers & duties of municipal secretary & municipal chief auditor. In decentralized administration SMC is divided in to 7 zones apart from head quarter. Thus duties & powers of subordinate staff is also put on web site. But the same has not been placed for smaller departments like cultural, public relation, record, SUMAN school are few examples.
Under manual 3 & 4 procedure followed in decision making including channel of supervision & norms set by it for discharge of it’s duties, most of the department has shown channel of supervision like all zones, hydraulic, drainage, museum health, sanitation, simmer medical college &hospital, bridge, town planning & town development, etc are the examples. While norms for engineering & health complaint & services is placed on web site like some within 24 hours, some within 48 hours, & others within 3 & days respectively depending on the priority of the essential service. But for rest of departments like property assessment, plan permission, repairing permission, or communication, shop & professional tax registration, water & drainage permission, etc are not placed, which may be called part of citizen charter. On asking majority of PIO has replied that it is already under process including publication of section 4 , 17 manuals in print form.
Citizen charter & norms of work is such an essential information which can never be ignored nor keep under wrap, thus it need to be displayed & published.
So far as statement of records is concerned SMC has displayed on web site it’s record classification rules under A, B, C,D CATEGORY. Actually these record classification rule are way back 1966 under Surat borough municipal rules i.e. almost 44 years back, meanwhile many new, jobs, responsibilities & record has been crop up & created with the passage of time with the departments like SMIMER medical college, indoor stadium, zones, science center, energy saving, solid waste, etc along with newly central & state sponsored schemes like J.N.U.R.M, prevention of aids like internationally sponsored scheme etc. Which require to be up date record classification rules &most important is RTI section 4 provides for displaying & publishing actual record held by public authorities not only the list of record classification.
Thus SMC need to prepare duly classified record held by it under RTI act.
SMC has place on web site good disclosure of manual 5 , i.e. rules, regulations, , manuals & record held by It & used by it. In this apart from BPMC ct, development & control & regulation act,, list of Gujarat civil services rules, shop & establishment act, , food & drugs prevention of adulteration act, zoo rules, profession tax provision 7 such others are given. By & large it is quite satisfactory.
Under manual 7 & 8 particulars of any arrangements that exist for consultation with representation by the members of public etc SMC has put on web site it’s ward committee various statutory committees numbering 12, details of apex committee & general board, executive committee for SMIMER medical college etc indicates sufficient information under this category.
Under manual 9 & 10 SMC has placed on web site which is hyper link with PAD under RTI act very elaborate information of directory of officers & employees & their remunerations, including name, designations, contact information, address, categories, class, date of joining, date of promotion, transfer, &date of retirement along with monthly & progressive salary details. Even search option is provided to get details each category wise.
Apart from that well appreciable efforts are made by SMC to put on KIOSK machines at 10 civic centers at different locations across the city/ zones, which provides to access of information belongs to property tax status, shop registration status due7 paid tax, details of shop registration & renewal, registration of birth 7 deaths etc in local language. It is user friendly too. Thus many public oriented information people can get sue moto on their own without asking. Even as a part of E. governance a step ahead, mobile governance efforts are also initiate for vaccination message by pregnant women, infants, in which system generated message is sent on given mobile number to remind the schedule. This is certainly an innovative concept as mobile communication is very fast & easily accessible considering the users across the nation to the tune of almost 65 to 70% of total population of India, very fast communication means too. Complaint management system is also developed, the compliance of which may be given by system on given mobile number once it is redressed & confirmed by the officer responsible officer.
Major budget provisions are already displayed on web. Zone, department, project revenue & capital income & expenditure wise. But so far as summary is concerned it is in revenue & capital wise. It should rather be aggregate also to better understand common man.
Subsidy programme & particulars of recipients of concessions, permits are also displayed. Smc has allotted E.W.S. houses under J.N.U.R.M. scheme, details of beneficiaries of thousands when allotted is displayed by slum up gradation department of SMC.
Other details like beneficiaries of toilet schemes, urban community development schemes, etc is under process to be displayed. While permit holders like licensed architect, plumbers for water & drainage connection etc are placed on web.
The details of information available in E. form is placed on website & simultaneously put on kiosk machines at various civic centers across the city. Smc has 15 such civic centers Out which on 10 kiosk machines are placed to better facilitate the people to avail details under public domain at their door step. Civic centers are providing services to pay property tax, shop registration, pay profession tax, register birth , death & marriages, give applications regarding civic services & complains etc. Not only that all the civic centers are accepting applications under RTI belongs to any public authority/ PIO or appellate authority apart from request of SMC. Thus SMC has displayed proactive disclosure up to major extent & for rest it is in pipe line as this is continuous process.
So far as RTI applications are concerned that can be given at any civic center either in prescribed form available from there or even on plain paper giving the details of name, contact, address Name of PIO or public authority & details of information, at all CCC arrangement is made to receive application fee in cash apart from applications with other mode of fee. The role of civic centre in charge is to accept the application & put up before PIO either to process or to transfer within 5 days. Every such application is enrolled in to computer programme designed by smc in the form of prescribed register directed by state under section 25. Programme prepared for this is taking care of right from receipt of application to final disposal or rejection including details of information, mode of fee, name, contact & address of applicant, BPL, public authority, details of transfer, details of documentation & inspection charges with payment mode, disposal, transfer within after time, & whether went to appeal or not etc. Thus it is very comprehensive programme on the basis of which periodical reports are extracted to send to government & commission. pre listed classification is also provided to categories the
purposes for which frequent application are received like shop registration, birth & death registration, property tax assessment details, plan permission, illegal construction, health & sanitation related civic services related, employees & officers information etc.
from the programme it self details is availed like timely disposal, beyond time disposal, positive, negative disposal, if rejected under which section, details of fee & charges etc. So far as this software programme is concerned perhaps SMC is form one of very few such authority who might have developed this.
SMC is putting all first appeal orders on it's web site in public domain. for this study it has been obtained from there it self & rest from it's RTI CELL. except information commission no other public authority has been found doing this on referring websites.
So far as section 26 is concerned SMC has done commendable job of utilizing grant given by state through Sardar patel institute of public administration Ahmedabad, to conduct awareness & campaign programme & training programme. Out of given grant of Rs. 2.3 lakhs at various 15 conspicuous public places & at all zone offices hoardings & banner, display boards are placed to educate & make aware public to use RTI., giving glimpse of act. Not only that SMC is used to circulate scroll on it's digital display board too at different location to informing people to use RTI & visit SMC web site.

SMC has designated 28 number of PIO & 77 number of APIO in 2009-2010 period under study. As per the details obtained from SMC ,Gujarat state RTI annual information system shows the status of smc as under.

YEAR PIO Appellate
Authority No. of requests
accepted Request disposed No. first
appeals Disposal
05 --07 18 1 974 775 103 85
08--09 25 3 2934 2288 427 412
09--10 28 3 6366 4903 463 463

YEAR PIO Appellate No. of request No. first Dispo- request accepted appeal sal

05-07 18 1 974 775 103 85

08-09 25 3 2934 2288 427 412

09-10 28 3 6366 4903 463 463

Initially one appellate officer was there i.e. commissioner that deputy municipal commissioner was there as such & from 08-09 3 appellate officer are designated.
in 2005-07 section 8(1) e i.e. fiduciary relations was invoked in 5 cases seeking details of tender which was not sanctioned till the application & details of inquiry process which was also pending.
In 07-08 S/ 8(1) j i.e. personal exemption was invoked in 5 cases while 8(1) i in one case i.e. record of deliberations of meeting of officers in case of pending tender.
in 08-09 section 8(1) g i.e., danger safety of person, (h) one time i.e. . impede process of investigation,(i) one time while in 29 cases others were invoked like non availability of record or applicant seeking info not available on record materially.
IN 09-10 SECTION 8(1) a 3 times C 3 times, g 5 times, j one time , section 9 one time , section 11,13 times & others 41 times totaling 65 cases provisions of rejection are invoked. Which include three cases under sovereignty & integrity of India, One case under breach of parliament/ state legislature/ general board of corporation, five cases pertains to safety of persons provided information, one of personal information & one of infringement of copy right, 13 of third party & 41 others. Out of 6366 applications which if looked at statistics is just 1 % of total applications.
Some first appeals shown in report as dismissed but referring detail appeal orders placed on web & in records in those cases applicants were furnished information while pendency of appeals.

Amount of charges received in 09-10 is 275066/-

If analyzed 41 cases of first appeals dismissed some of applicants insisted to provide the information visiting the site wherein illegal construction is going on, This tantamount to generation of information while as per the provision under section 2(f) & (g) information held & under the control of public authority & materially available is to be provided. Thus information is not to be given after generating. In such cases dismissal of appeal seems in consonance with the provisions of the act.

Details of PIO wise applications received & disposed off for the period under study i.e. 1/04/09 to 31/03/10 & 1/01/09 TO 30/09/10
in tabular form is:-

If analyzed the data average rejection of all pio is less than 50 i.e. less than 1% of total applications.

On an average all PIO's disposal of fully provided information range from 60% to 92% while disposal after time is less than 20% for all. pending cases ratio range from less than 1 % to 3 %.
On asking to PIO's they cited some of the reasons for pending applications or disposal after time are applicants reluctant to pay charges foe documentation or inspection after intimation, seeking voluminous information of multi authorities in the same applications in which many a time applications duly transferred are received late, Under the guise of BPL seeking bulk information or applicants asking numbers of questions to reply & seeking information of very old record of personal nature like deed, property deed, sale deed etc.
So far as disposal in 09-10 is concerned they also stated that in most of the cases applications are physically disposed within time but it takes time to enter in the programme this shows little delay on paper.
One of the important reasons cited by all pios for late disposal in some of the cases is in the act there is no provision to file in case applicant is not turning to get details paying prescribed charges. Thus until he turn back or pio after giving added opportunity file the request considering applicant is not interested in getting details it remains pending.
Applications received & disposed during 09-10 if analyzed out of 6366 applications 1036 were pending on 31st march 10. SMC is receiving 500 applications p.m. On an average, looking to that ratio normally if applications are pending around thousand it shows of just a month backlog.
Bifurcations of details of applications duly classified is :-

Kind of applications Numbers % of total applications
Illegal construction plan permission 1919 30
Property tax assessment 309 5
Birth & death
registration 95 1.5
shop registration &food license 302 5
civic services related 328 5
Officers & employees related 397 6
Resolutions, proposals, circulars 152 2.5
Miscellaneous 2864 45

Kind of applications Numbers % of total applications

Illegal construction 1919 30
plan permission

Property tax 309 05
assessment

Birth & death
registration 95 1.5

shop registration 302 05
&food license

civic services related 328 05

Officers & employees 397 06
related

Resolutions,
proposals, circulars 152 2.5

Miscellaneous 2864 45

Miscellaneous applications include external transfer to other public authorities like surat urban development authority, collector, police authorities, regional transport, pollution control, district panchayat etc. while internal applications of smc like, post mortem report, purchase of equipment in hospital & medical college, details of tenders, land non agriculture, vaccination insecticide purchase, cattle pound & slaughter house, personal documents or deed, details of vehicle & use of fuel in SMC, contractual computer operators,, gardening, log book of vehicles, slum shifting or allotment, school leaving certificates, details of private schools, use of cement & steel in project, other project details, data of rain, seeking copies of other applicants under RTI, high tension line of GEB,, list of BPL, guardian meetings & education to all i.e. sarva shiksha abhian etc.

Also as per available details for 1/04/10 to 30/09/10 all pio wise summary which indicates during 6 months of 10-11 total 3336 applications received. Of which 183 were of BPL. 95 were transferred to other public authorities while 635 transferred internally to various PIOs in SMC. 2376 applications were given full information including 147 BPL. Out of which 46 were fully rejected. Only 9 were partially rejected.
1991 applications were disposed off within time limit. Thus almost 60% disposed off in time. 71 % provided full information 7 just 1.5% fully rejected. At the end of six months 175 applications were pending I.e. 5% . while on an average556 p.m. received in 10-11 951 beyond time limit applications found. i.e. 28% time bar.
Conspicuous point is 635 applications fully 7 106 partially transferred in SMC internally. Thus 22% applications belongs to multiple PIOs in same public authority i.e. SMC. While 125 i.e. 4% transferred externally.
On finding reasons for time bar applications jointly of all PIOs it is found that physically it is being disposed off but entered in to programme later on in the computer programme. Which indicates that in actual it is not that much time bar. Feed back given by majority of pio Including of than appellate officer & Deputy municipal commissioner & now conservator of forest shri Mahesh Singh & even the same is corroborated by ceo & commissioner in her interview.
If claim is compared with first appeals of same duration it is 207 I.e. 6.2%% means less than 7% first appeals are recorded. This support the stands taken by all PIOs of timely 7 positive disposal of applications received to the extent.
Against 556 applications per month receipt at the end of six months in 10-11 175 are pending. This shows disposal within stipulated time.
If compared appeals & applications during 09-10 total applications received are 6366 while appeal in 09-10 is 463 thus 7.27 i.e. less than 8% first appeals are reported.
Note worthy point is all PIOs are used to write in every supply of information letter the details of first appellate officer & provision of first appeal by the applicant within 30 days. They mention this without recourse to supplying full & affirmative reply to the applicants. It is pertinent to note that even at first appeal except applicants are received the information while appeal procedure in most of the cases orders were issued in favors of applicants directing PIO to furnish information not provided including order to provide inspection to the applicants.

Looking to backlog in information commission the status of second appeal in the cases applicants preferred against the decisions of first appeal is not available for the period under review. Though out of total 14977 applications received in SMC from the commencement of the act number of cases of second appeals are 111 up to 30/09/10

Until now in almost all of second appeal decisions of first appellate authority are upheld so far. None of the first appellate officer is flayed or overruled by information commission. Of course in only one case penalty of Rs. 16000/ is impose on one pio for providing information late even after the order of first appeal.

Status of second appeal art commission level duly disposed off & order received so far is given bellow.

Orders of Gujarat information commission in second appeal against first appeal ordes.

Sr. No. First appela NO. & Date Second Appeal No. & Date Order Of GIC
1. 1/ 23/12/05 627/ 03/01/06 Complaint disposed off
2. 2/13/01/06 71/29/04/06 Applicant withdrew appeal
3. 5/24/01/06 91/31/01/06 Complaint disposed off
4. 6/17/01/06 10/06/01/06 Upheld the reply given by PIO smc on Dt. 4/02/06
5. 28/7/08/06 685/07/07/06 Remanded to first appellate authority to dispose off
6. 16/31/05/06 292/28/06/06 Appeal dismissed
7. 189/07/03/07 Compaline fasled/ dosmissed
8. 190/26/04/07 Ordered to provide info within 10 days free of cost. Regarding N.A. Asked applicatn to represent before collectorate
9. 89/29/05/07 270 &271/30/08/07 Ordered to provide specific information asked by applicant within 10 days free of cost
10. 89/ '' 272/ '' Appeal dis allowed
11. 59/07/04/07 298/02/09/07 Appeal p[artly allowed. Orderd to provide info within 15 days free of cost
12. 33/26/02/07,
150/31/08/07
152/03/09/07
168/11/10/07
170/15/10/07
176/18/10/07
175/18/10/07 497/06/06/09 Asked forest & enviuornment department to ascertain which P.A. Has to decide & inform to SMC & GPCB.
13. 665/18/01/08 Asked to put under PAD UNDER SECTION 4 (1) (B)
14. 139/14/08/07 823/29/01/08 APPEAL NOT GRANTED
15. 167/05/10/07 886/11/02/08 Disposed appeal As widrawn
16. 196/26/11/07 903/16/02/08 Technically partly allowed disposed of with advice directions to adhere to the time limits specified under RTI Act.2005
17. 85/ 934/06/07/07 The certified copy/ copies of the certificate be provided to the complainant free of any charge, within ten days.
18. 160/21/0907 1711/07-08 Complain withdrawn by applicant
19. 191/18/02/08 Ordered to provide inspection of the relevant record
20. 176/18/10/07 113/17/04/08 Appealed dismissed
21. 48/ 08-09 244/22/05/10 Remanded to first appeal officer to dispose u/s 19(6)
22. 50/ ‘’ 256/29/05/10 Remanded to first appeal officer to dispose u/s 19(6)
23. 255/19/03/08 333/12/05/08
415/08-09 Appeals dismissed
24. 247/10/03/08 385/20/06/08 Ordered to provide information free of cost of point No. 11& 12 within 15 days
25. 169/16/09/08 545/08-09 Complain partly allowed. Ordered to give three point information free of cost within specified time
26. 45/21/05/08 674/29/07/08 Applicant received information after order of F.A.A. but it was provided late by PIO. Penalty of Rs. 16000/ imposed on THEN PIO central ZONE Asst. commissioner
27. 73/16/04/07 717/06/06/08 Ordered to provide information to the complainant within 10 days
28. 173/19/09/08 840/24/08/09 First appeal was disposed off after complain. complainant was absent in hearing. No further submission. It is construed complainant is satisfied appeal is disposed off
29. 129/08-09
20/08/08 841/08-09
24/01/08 Ordered to provide available information to the complainant within 10 days free of cost
30. 93 /18/07/08 929 /30/08/08 Respondent’s appeal dismissed
31. 94 /18/07/08 930 /30/08/08 Respondent’s appeal dismissed
32. 95 /18/07/08 931 /30/08/08 Respondent’s appeal dismissed
33. 52/06/06/08 1086/24/07/08 Respondent’s appeal filed as per request
34. 59/06/06/08 1246 & 1274/22/09/08 Respondent’s appeal dismissed
35. 349/20/02/09 390/17/04/09 Ordered to here the appellant and decide the first appeal within three weeks.
36. 121/29/07/09 1144/29/07/09 Ordered to here the appellant and decide the first appeal within three weeks.
37. 97/06/07/09 1256/10/08/10 Ordered to here the appellant and decide the first appeal within three weeks.
38. 35/06/05/09 1306/06/11/09 Remanded to first appeal officer to dispose u/s 19(6)
39. 351.355,356
06/05/09 1307/06/11/09 Remanded to first appeal officer to dispose u/s 19(6)
40. 109/18/07/09 1508/05/09/09 Remanded to first appeal officer to dispose u/s 19(6)
41. 404/22/02/10 2565/09/12/09 Ordered to here the appellant and decide the first appeal within three weeks.
42. 358,359,362/
24/02/09 2686/04/01/10 Remanded to first appeal officer to dispose u/s 19(6)
43. 370/26/02/09 2665/04/01/10 Remanded to first appeal officer to dispose u/s 19(6)
44. 381/28/01/10 3248/02/03/10 Ordered to here the appellant and decide the first appeal within three weeks.
45. 357/366,367,
369
26/02/09 2691/06/01/10
2707/03/01/10 Ordered to here the appellant and decide the first appeal within three weeks.
46. 347/12/01/10 3269/05/03/10 Ordered to here the appellant and decide the first appeal within three weeks.
47. 397/10/02/10 540/15/05/10 Ordered to here the appellant and decide the first appeal within three weeks.

VPG\P 5|YD V5L, G\AZqTFZLB ALHL V5L,qOZLIFN G\AZ TFZLB GICv C]SD
! !q _5v_& TFPZ#v!Zv_5 &Z*q_&v_* TFP#v!_v_& OZLIFN O[\;, SZJFDF\ VFJ[, K[P
Z Zq_5v_& TFP!#v!v_& *!_q_&v_* TFPZ)v$v_& VZHNFZ[ OZLIFN 5FKL B[\RL ,LWL K[P
# _5q_5v_& TFPZ$v!v_& )!&q_&v_* TFP#!v!_v_& Disposes the Complaint
$ &q_5v_& TFP!*v!v_& !_q_5v_& TFP&v!v_& ;]PDP5FP wJFZF TFP$vZv_& GF ZMH HJFA 5F9JJFDF\ VFJ[, K[P
5 Z(q_&v_* TFP!*v(v_& Z(5q_&v_* TFP*v*v_& 5|YD V5L, TZLS[ lGSF, SZJF C]SD SZJFDF\ VFJ[, K[P
& !&q_&v_* TFP#!v5v_& Z)Zq_&v_* TFPZ(v&v_& VFIMU TZOYL V5L, SF-L GF\BJFDF\ VFJ[, K[P
* v !()q_&v_* TFP!*v#v_* OZLIFN O[;, U6[ K[P
( v !)_q_*v_( TFPZ&v$v_* lNGv!_ DF\ OlZIFNLV[ DF\U[, DFlCTL lJGF D}) ()q_*v_( TFPZ)v5v_* Z*_4 Z*!q_*v_( TFP#_v(v_* H[ RMSS; DFlCTL lJJFNLV[ DF\U[, K[ T[GL :5Q8 DFlCTL lNGv!_ DF\ lJGF D]!_ ()q_*v_( TFPZ)v5v_* Z*Zq_*v_( TFP#_v(v_* V5L, GFD\H]Z SZJFDF\ VFJ[ K[P
!! 5)q_* TFP*v$v_* Z)(q _*v_( TFP!Zv)v_* S,Dv*s&f C[9/ lNGv!5 DF\ DFlCTL 5]ZL 5F0JF C]SD V5L, V\XTo D\H]Z
!Z ##q_&v_* Z&vZv_* !5_q_* #!v(v _* !5Zq_* #v)v_* !&(q _* !!v!_v _ * !*_ q _* !5v!_v_* !*&q _* !(v!_v_* !*5q_* !(v!_v_* $)*q_*v_( !&v&v_) JG VG[ 5IF"JZ6GF VU|;lRJG[ VF S[;DF\ SIF ;tTFD\0/[ SFI"JFCL SZJFGL YX[ T[ ;]lGl`RT SZJF T[DH ,LW[, lG6"IGL HF6 ;]PDP5FP VG[ U]HZFT 5|N]QF6 AM0"G[ SZJF H6JJFDF\ VFJ[ K[P
!# v &&5q_*v_( !(v!v_( S,D $s!f sALf GL HMUJF. VG];FZ DFlCTL 5|MV[S8LJ 0L:S,MhZDF\ D]SJF H6FJJFDF\ VFJ[ K[P

!$ !#)q_* !$v(v_* (Z#q_*v_( Z)v!v_( V5L, GFD\H]Z SZJFDF\ VFJ[ K[P
!5 !&*q _* 5v!_v_* ((&q _*v _( !!vZv_( Disposes this appeal as withdrawl
!& !)&q _*v _( Z&v!!v_* )_#q _* v _( !&vZv_( Technically partly allowed disposed of with advice directions to adhere to the time limits specified under RTI Act.2005.
!* (5q_*v_( )#$q _*v _( &v*v_* The certified copyQ copies of the certificat to rhe complainant4 free of any charge, within ten days.

!( !&_q _* Z!v)v_* !*!!q _* v_( VZHNFZ[ OZLIFN 5FKL B[\RL ,LWL K[P
!) v OZLIFN !)!!q _*v_( !(vZv_( VF SFDGL lJUTJFZ OF.,G]\ .g;5[SXG SZJFGM C]SDP
Z_ !*&q _* !(v!_v_* !!#q _( v_) !*v$v_( VZHL O[\;, SZJFDF\ VFJ[ K[P
Z! $(q _(v_) Z$$q _(v_) ZZv5v!_ !)s&f C[9/ 5|YD V5L, R,FJJF C]SDP
ZZ 5_q _(v_) Z5&q _(v_) Z)v5v!_ !)s&f C[9/ 5|YD V5L, R,FJJF C]SDP
Z# Z55q_*v_( !)v#v_( ###q _( v _) !Z v5v_( $!5q_(v_) VZHL O[\;, SZJFDF\ VFJ[ K[P
Z$ Z$*q_*v _( !_v#v_( #(5q _(v_) Z_v&v_( D]N'F G\P!! V[G!Z GL DFlCTL lJGFD]Z5 !&)q _(v _) !&v)v_( 5$5q _(v_) +6 D]N'FGL DFlCTL lGIT SZ[, ;DI DIF"NFDF\ VF5JF C]SD SZJFDF\ VFJ[ K[v OlZIFN VF\lXS D\H]ZP
Z& $5q _(v_) Z!v5v_( &*$q _(v_) Z)v*v_( The commission imposes a penlty of Rs.16000/- on the then PIO central Zone of SMC the Assistant Commissioner.
Z* *#q _* v _( !&v$v_* *!*q _(v_) &v&v_( OZLIFNLG[ lNGv!_ DF\ lJGF D}Z( !*#q _(v _) !)v)v_( ($_q _(v_) Z$v(v_( 5|YD V5L,GM lGSF, OZLIFN NFB, YIF AFN SZJFDF\ VFJ[, K[P OZLIFNL ;]GFJ6LDF\ CFHZ ZC[, G CMJFYL VG[ SM. ,[lBT ZH]VFT DMS,[, G CMJFYL VF5JFDF\ VFJ[, DFlCTL YL T[DG[ ;\TMQF YI[, K[P V[D DFGL OZLIFN VZHLGM lGSF, SZJFDF\ VFJ[ K[P
Z) !Z)q _(v_) Z_v(v_( ($!q _(v_) Z$v!_v_( Z[S0"DF\ p5,aW CMI TM T[ DFlCTL GS,GF :J~5DF\ VYJF HJFAGF :J~5DF\ lNG v!_DF\ lJGF D]#_ )#q _(v_) !(v*v_( )Z)q_(v_) #_v(v_( lJJFNLGL V5L, GFD\H]Z SZJFDF\ VFJ[ K[P
#! )$q _(v _) !(v*v_( )#_q_(v_) #_v(v_( lJJFNLGL V5L, GFD\H]Z SZJFDF\ VFJ[ K[P
#Z )5q _(v _) !(v*v_( )#!q_(v_) #_v(v_( lJJFNLGL V5L, GFD\H]Z SZJFDF\ VFJ[ K[P
## 5Zq _(v_) &v&v_( !_(&q_(v_) Z$v*v_( lJJFNLGL V5L, T[DGL lJG\TL VG];FZ NOTZ[ SZJFDF\ VFJ[ K[P
#$ 5)q _(v _) !&v&v_( !Z$&q_(v_) ZZv)v_( !Z*$q_(v_) ZZv)v_( lJJFNLGL V5L, GFD\H]Z SZJFDF\ VFJ[ K[P
#5 #$)q _(v_) Z_vZv_) #)_q _) v !_ !*v$v_) To here the appellant and decided the first appeal within three weeks.
#& !Z!q _)v!_ Z)v*v_) !!$$q _) v !_ Z)v*v_) To here the appellant and decided the first appeal within three weeks.
#* )*q _)v!_ &v*v_) !Z5&q _) v !_ !_v(v!_ To here the appellant and decided the first appeal within three weeks.
#( #5q _)v!_ &v5v_) !#_&q _)v!_ &v!!v_) !)s&f C[9/ 5|YD V5L, R,FJJF C]SDP
#) #5!4#55 4#5&q _(v_) Z_vZv_) !#_*q _)v!_ &v!!v_) !)s&f C[9/ 5|YD V5L, R,FJJF C]SDP
$_ !_)q _)v !_ !(v*v_) !5_(q _)v!_ 5v)v_) !)s&f C[9/ 5|YD V5L, R,FJJF C]SDP

$! $_$q _)v!_ ZZvZv!_ Z5&5q _) v !_ )v!Zv_) To here the appellant and decided the first appeal within three weeks

$Z #5(4#5)4 #&Z q_(v_) Z$vZv_) Z&(&q _)v !_ $v!v!_ !)s&f C[9/ 5|YD V5L, R,FJJF C]SDP
$# #*_q_(v_) Z&vZv_) Z&&5q_)v!_
TFP$v!v!_ !)s&f C[9/ 5|YD V5L, R,FJJF C]SDP
$$ #5*4 #&&4 #&*4 #&) q_(v_) Z&vZv_) Z&)!q _)v!_ &v!v!_ Z*_*q _)v!_ #v!v!_ To here the appellant and decided the first appeal within three weeks
$5 #(!q _)v!_ Z(v!v!_ #Z$(q _)v!_ Zv#v!_ To here the appellant and decided the first appeal within three weeks
$& #$*q _)v!_ !Zv!v!_ #Z&)q _)v!_ 5v#v!_ To here the appellant and decided the first appeal within three weeks
$* #)*q _)v!_ !_vZv!_ 5$_q !_v !! !5v5v!_ To here the appellant and decided the first appeal within three weeks

So far out of total 14977 applications received in smc from the beginning of the act, 139 are rejected i.e. less than 1%.
While out of total 1409 first appeals 294 i.e. 20% are dismissed that is due to either applicants got information while pendency of appeal or they insisted grievance redressal rather than seeking information. Grievance redresasal is not within the per view of RTI act. In majority of the appeal cases rejected , applicants insisted to visit the spot & provide the information in actual practice under RTI act materially available information is to be provided. Though 80% of first appeals are accepted & disposed off in favor of applicants ordering PIO to furnish the information free of cost except where in applicants file first appeal delay without reasonable ground. Even in such cases it was order to provide the information to applicants with recovering charges of documents if applicable as for the omission or commission of applicants no public exchequer should suffer.
It is also pertinent out of total 14977 applications so far 1409 first appeals are recorded which is less than 10% of requests. Which indicate 90% of the applicants received satisfaction at PIO level.
In the feed back of than appellate officer & ex DY. M.C. has corroborated this stand, simultaneously he has also express worry towards abuse of act by vested interest elements to bargain in other way to get work done & withdraw RTI applications. Looking to current tendency of media personnel in case of NIRA RADIA & other media persons it is not execrated claim too.
If looked at the disposal of first appeal almost none of the case is beyond 45 days the period stipulate under section 19(6) to dispose of first appeal.
In the interview of commissioner Miss S Aparna has also supported the view expressed by DMC regarding PROACTIVE disclosure by & large satisfactory. Both have rightly admitted to strengthen the need to display citizen charter more comprehensively. While they have also supported the claim of 90% request disposal satisfactorily at pio level.
If looked at the analysis of request received almost 85% applications are either belongs to individual information or third party information. Which shows very few applications pertains to exposure of corruptions or bringing transparency & accountability. Of course seeking various kind of information including of individual nature certainly keeps the administration stand to vigil.
The facts on reviewing some of first appeal orders on random basis :-

Some of the applicants are used to make appeal directly to information commission without first appeal in violation of section 19(3) Like in case of Dr. Pradip martin approached the commission on 18/01/08, commission sought compliance from smc before trial,

In compliance commissioner smc & than appellate officer drawn the attention of commission towards statutory provision of section 19(3) where in before second appeal it is mandatory to have first appeal ultimately state commission remanded the case to first appeal officer in SMC wide it's order Dt. 28 Jan 08 in case No. 668/07-08
Some of the applicants insisting hearing in first appeal rather than disposal on merit. Particularly when voluminous applicants & corresponding first appeals are received, staff remains same while looking to statutory provision to dispose off first appeal within 45 days under section 19(6) practically it may not possible to call each & every appellant for hearing.
Spirit of the act says disposal of appeal on merit on the basis of facts & circumstances & documents Which maintains the spirit & intention of the act.
If hearing insisted in all the cases it becomes difficult to dispose off appeals within prescribed time limit. Also that may consume valuable time of public officers. Though smc is used to keep hearing in the cases requiring merit.
If referred the expert report of consultant Price water house cooper has also recommended in it's report to have alternative methods for early disposal of appeals at information commission level.
If compared & evaluated with the report the implementation of RTI IN SURAT on proactive disclosure , publicity & training front with the grant of state & own fund SMC is step ahead. Even at the beginning of the act training to all officers & zonal staff was imparted. Coincidentally SMC's RTI cell officer is a visiting faculty at SPIPA for RTI. Even some of the first appeal orders are also issued with reference to section 4 proactive disclosure & preamble of the act, & PIO was ordered to furnished information accordingly.
It is also pertinent to note here that STATE rule amended in march 2010 to include the mode of fee in the forma of postal orders, court fee stamp, revenue stamp, judicial stamp,& government chalan apart from cash, demand draft & non judicial stamp, While in SMC prior to that long back it was accepted in the form of postal order, money order to cherish the preamble to set out practical regime for access to information. This is beyond what price water House cooper suggested. Efforts of SMC to put kiosk machines at various civic centers is well within the spirit of proactive disclosure. Rather this is also a step ahead than what act has provided. Because looking to just 7% of population across the nation using internet What ever info placed on web will be of limited access while the details accessible through kiosk machines are locally available to every body visiting civic centre without recourse to net user or not. Thus it is more common man friendly & people oriented.
In case of applicant AMIT jethwa an RTI activist who murdered paid application fee & documentation charges by government chalan in treasury SMC had accepted the fee & provided information on 5th March 10 i.e. prior to amendment in the rules.

Details of such applications entertained by smc :-

Sr. No. Period Mode of fee No of cases
1. 2005-2006 Sp. adhesive stamp 4
2. '' Postal order 1
3. '' Money order 2
4. '' Court fee 3
5. 2006-2007 Sp. adhesive stamp 15
6. '' Postal order 8
7. '' Money order 5
8. '' Court fee 13
9. 2007-2008 Sp. adhesive stamp 8
10. '' Postal order 4
11. '' Money order 1
12. '' Court fee 20

Details of such applications entertained by smc :-
Period Mode of fee No of cases

05-06 Sp. adhesive stamp 04
'' Postal order 01
'' Money order 02
'' Court fee 03
07-08 Sp. adhesive stamp 15
'' Postal order 08
'' Money order 05
'' Court fee 13
08-09 Sp. adhesive stamp 08
'' Postal order 04
'' Money order 01
'' Court fee 20

Which indicates implementation of the act in true spirit in SMC.

Sr.No. Name of applicant Cause
1. Hemant desai & suresh patel Jari industry & chemical odor, noise pollution in walled city residential Ares.
2. Gula meman Illegal constructions in central & north zones

3. Natvar kabrawala Constructions of houses without N.A. Permission in same society of west zone
4. Sarver Husen Nagad Information of particular officer who razed his property encroached.
5. Jatin tailor To give him compassionate employment removing her mother thus internal family quarrel
6. Ramesh Jangid Illegal construction of specific educational institute & other property in west zone
7. Vithal pan patil BPL Providing basic amenities in illegal slums on railway land
8. Nirmala Rana property family dispute
9. Nilesh Lotwala Illegal construction in society seeking details of property of particular one officer involve in plan sanction
10. Dr. Babulal shah Officer who demolished his clinic near to creek seeking details of property & credentials, educational certificates of officer
11. Pravin prema patel
Purashottam patel for the reservation of land in which they are interested
12. Vijay shenmare Union leader & advocate seeking information of daily wagers to file reinstatement

On referring first appeal cases it has found that around 50 applicants who used to seek information frequently it has been found that repeated requests & appeals for the same cause. E.g.
Name of applicant Cause

Hemant desai & suresh patel Jari industry & chemical odor, noise pollution in walled city residential Ares.

Gula meman Illegal constructions in central & north zones

Natvar kabrawala Constructions of houses without N.A. Permission in same society of west zone
Sarver Husen Nagad Information of particular officer who razed his property encroached.
Jatin tailor To give him compassionate employment removing her mother thus internal family quarrel
Ramesh Jangid Illegal construction of specific educational institute & other property in west zone
Vithal pan patil BPL Providing basic amenities in illegal slums on railway land
Nirmala Rana For sale & transfer of property family dispute
Nilesh Lotwala Illegal construction in society seeking details of property of particular one officer involve in plan sanction
Dr. Babulal shah Officer who demolished his clinic near to creek seeking details of property & credentials, educational certificates of officer
Pravin prema patel for the reservation of land in Purashottam patel which they are interested
Anil purohit Ex. Contractor of mead day meal seeking information of successors activities in midday meal
Vijay shenmare Union leader & advocate seeking information of daily wagers to file reinstatement

On evaluation it has been found that repeaters are individually or personally interested & no public cause involved in repeat application for the same subject. Rest of occasional applicants getting information satisfactorily.

Interesting appeal orders on the basis of E. governance or digital governance.
In first appeal No. 132/ 10-11 Dt 13/07/10 applicant sought information of shop registration in the same property. PIO provided information. Applicant turned to first appeal claiming information given is not true but misleading. On seeking support to his claim he cited the reference of kiosk machine information saying there are two shop registration in the same property & both are having shop registration & he is seeking information of lokmanya mechanical works bearing shop I.D. 5/2016. On verification while appeal his claim found correct. Accordingly order issued directing pio to provide the information sought free of cost under section 7(6) of the act.
Another applicant Naresh bathwar sought information regarding death of meghwal samaj/ society in Bhari mata crematorium. Out of 7 zones only two provided information while rest denied on the ground of personal information of death registration.
In first appeal applicant contended that it is public information. During appeal referring the details put on kiosk pio was ordered to furnish information as birth & death registration is the information under public domain. Appeal No. 135/10-11 Dt 14/07/11

positive results of appeal cases under RTI few cases:-

1/ Navin chandra Rana sought information of tenement No. 27d 17-1741-0-001. PIO denied saying record sought is of 89-90 & in 04-05 creek flood it was destroyed/ drowned.
In appeal No. 165/10-11 Dt 23/09/10 PIO was ordered to give inspection & evidence of destruction of record in question. Simultaneously also asked to provide copies of assessment or status for available period. After appeal order PIO furnished the information including for the period in question tracing from previous record room.
2/ Applicant Laxmi patel sought information regarding payment of contract bills for past 3 years on Dt. 05/05/10. PIO south zone didi not furnished any information.
Applicant turned to appeal on 07/09/10 i.e. late by 65 days. No specific reasons provided for delay appeal except ignorance of law. Though appeal allowed. During trial of appeal PIO replied that bills are processed & sent for payment. This is glaring example of rather than information direct redressal of grievance.
3/ Dharmendra sought information on 12/03/10 regarding tenement No. 19-6-03-0021-0-001 How name of Tulsi omitted from the record & admitted of Ramji?
Pio replied that in 08-09 it was entered but did not replied how? During appeal PIO admitted that name was wrongly changed on record & original names are restored.. Appeal No. 110/10-11 Dt 02/08/10

4/ Similar is the case of Jagdish patel Appeal No. 151/10-11 In which case also pio accepted omission/ commission by wrong entry & during appeal original names of property holders restored on record.

Appeal orders refer & found in favor of applicants.

Sr no. Appeal No Date Information sought Order made in appeal
1. 2/08-09 3/4/2008 Property assessment To provide if necessary applying section 11 procedure
2. 05 to 07 2/4/08 Property transfer ''
3. 8/08-09 '' plan permission of other's property ''
request of providing visiting site rejected
4. 12/08-09 9/4/2008 Property transfer To provide if necessary applying section 11 procedure
5. 17/08-09 21/04/08 Property or part is in alignment or not Ordered to including map
6. 25/08-09 28/04/08 Details of tenement
no property plan permission, for 70 plots of society To provide if necessary applying section 11 procedure
7. 27/08-09 30/04/08 Copy of order of smc Dt. 26/05/03 Ordered to provide

8. 29/08-09 1/5/08 Details of holder of slum & salary detail of holder '' ''
9. 36/08-09 9/5/08 details of CRC
coordinator, schools,
education to all
responsibilities in section 4 PAD
free of cost invoking
ordered to provide

10. 38/08-09 14/05/08 Details of actions
taken on resolutions
of standing committee
by commissioner PIO denied information
saying under process
to seek order of
competent authority
u/s 8(1) I. Decision of
PIO UPHELD but ordered to provide the same on completion of decision making process
11. 48/08-09 21/05/08 Ground on which
property under the
matter is not
regularized. To
provide documents
PIO initially denied saying court matter
ordered to provide
advocate's opinion
relied on to take
decision referring
noting of PIO applying section 7 &11
12. 78,79 Plan permission
copies To provide if necessary applying section 11 procedure
Free of cost u/s 7(6)
13. 82/08-09 3/7/2008 Details of reading room, commencement, permission etc '' ''
14. 137/08-09 27/08/09 job description of
Carious cadres
Of technical wing
Rules, resolution Ordered to provide section 4 PAD

15. 150/08-09 2/9/2008 Plan permission
Copies
PIO refused saying
old record not available of past 17 years. Ordered to give inspection to verify
claim
16. 195/08-09 23/09/08 Expenses incurred for
Repairing of road
In new city light
Within how much time
Potable water
Facility be availed Ordered to provide as per budget & sanctioned proposal
as it falls u/s 4

17. 197/08-09 30/09/08 In response to various
notices issued to
SMC how responded? PIO denied saying bilateral court matter No stay of court u/s 8(1) b, ordered to provide.
18. 238/08-09 9/11/08 Blockade of internal
Road of society
Is legal Or illegal?
PIO partly denied saying record not
Available while provisions u/s 4
Provisions refused. Ordered to provide
PAD while for record Inspection was oredered

19. 247/08-09 29/11/08 Impact fee calculation
&provision
Delay appeal, No justification for delay.
Though allowed. PIO Ordered to provide
Recovering documentation charges
20. 256/08-09 12/12/08 Name transfer status
procedure
Delay appeal ordered to provide entire procedure invoking section 4
21. 257/08-09 Tax increase proposal on the basis of media
report '' ''

22. 307/08-09 22/01/09 City surve No. 617
alignment, maps
circular etc PIO provided
information alignment
of 30 & 40 feet for
different period. Applicant challenged.
Ordered to provide inspection to verify u/s 7(9) &11 to BPL .
23. 322/08-09 2/2/09 Water & assessment
of newly merged area
details of appellate ordered to provide u/s 4 also asked to put on board such details
24. 323/08-09 4/2/09 office time of technical
staff
PIO replied old record
not available. Ordered
to provide u/s 4 PAD
25. 358TO
26. 359 & 362 24/02/09 construction going on
plots in Hawadia Chakla
plan permission etc
PIO asked for location
PIO ordered to provide as every going on construction to be display details of such on site also u/s 4 c & d
affected people have right to know invoked
27. 370/08-09 Sought information
of construction
plan permission
Insisted to visit site
& furnish
PIO supplied part info
said record not available. appeal partly allowed site visit persistence disallow. PIO asked to provide inspection
28. 416/08-09 25/03/09 Responsible staff
Complaints &
procedure done on
Community hall, rules
details of usage of PIO ordered to provide
u/s 4(1) c & d along with procedure done
& responsible officers
free of cost
29. 425/08-09 30/03/09 Details of property
transfers To provide record inspection free of cost u/s 7(6) if necessary applying section 11 procedure

Sr.No. Appeal No Date Information sought order made in appeal
1. 02/08-09 03/04/08 property assessment To provide if necessary applying section 11 procedure

2. 05 to 07 02/04/08 property transfer ‘’
3. 08/08-09 ‘’ plan permission of other's property ‘’
request of providing visiting site rejected

4. 12/08-09 09/04/08 property transfer To provide if necessary applying section 11 procedure

5. 17/08-09 21/04/08 property or part is in alignment or not ordered to provide including map

6. 25/08/09 28/04/08 details of tenement
no. property plan
permission, for 70
plots of society To provide if necessary applying section 11 procedure
7. 27/08/09 30/04/08 copy of order of smc Dt. 26/05/03 ordered to provide
8. 29/08/09 01/05/08 details of holder of slum & salary detail
of holder '' ''
9. 09/08/36 09/05/08 details of CRC
coordinator, schools, responsibilities in section 4 PAD
education to all ordered to provide free of cost invoking

10. 09/08/38 14/05/08 details of actions
taken on resolutions of standing committee by commissioner pio denied information saying under process
to seek order of
competent authority u/s 8(1) I. Decision of
PIO UPHELD but ordered to provide the same on completion of decision making process.
11. 09/08/48 21/05/08 ground on which
property under the
matter is not
regularized. To
provide documents PIO initially denied saying court matter ordered to provide relied on advocate's opinion to take decision referring
noting of PIO applying section 7 &11
12. 7879 30/06/08 plan permission copies To provide if necessary applying section 11 procedure
13. 09/08/82 03/07/08 details of reading room commencement,
permission etc ‘’ ‘’
14. 09/08/37 27/08/09 job description of
various cadres
Of technical win Rules, resolution
ordered to provide ree 0f cost invoking section 4 PAD

15. 09/08/50 02/09/08 plan permission
Copies pio refused saying old record not available of past 17 years. Ordered to give inspection to verify claim
16. 09/08/95 23/09/08 expenses incurred for Repairing of road In new city light Within how much time
Potable water
Facility be availed ordered to provide as per budget & sanctioned proposal as it falls u/s 4
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.

Appeal orders refer & found in favor of applicants.

Appeal No Date Information sought order made in appeal

02/08-09 03/04/08 property assessment To provide if necessary applying section 11 procedure
05 to 07 02/04/08 property transfer '' ''

08/08-09 '' plan permission of '' ''
other's property request of providing visiting site rejected
12/08-09 09/04/08 property transfer To provide if necessary applying section 11 procedure
17/08-09 21/04/08 property or part is in ordered to provide
alignment or not including map
25/08-09 28/04/08 details of tenement To provide if necessary applying section 11 procedure
no. property plan
permission, for 70
plots of society
27/08-09 30/04/08 copy of order of smc ordered to provide
Dt. 26/05/03
29/08-09 01/05/08 details of holder of '' ''
slum & salary detail
of holder
36/08-09 09/05/08 details of CRC ordered to provide
coordinator, schools, free of cost invoking
responsibilities in section 4 PAD
education to all
38/08-09 14/05/08 details of actions pio denied information
taken on resolutions saying under process
of standing committee to seek order of
by commissioner competent authority u/s 8(1) I. Decision of
PIO UPHELD but ordered to provide the same on completion of decision making process
48/08-09 21/05/08 ground on which PIO initially denied
property under the saying court matter
matter is not ordered to provide
regularized. To advocate's opinion
provide documents relied on to take
decision referring
noting of PIO applying section 7 &11
78,79 30/06/08 plan permission To provide if copies necessary applying section 11 procedure
Free of cost u/s 7(6)
82/08-09 03/07/08 details of reading ‘’ ‘’
room, commencement,
permission etc
137/08-09 27/08/09 job description of ordered to provide
Carious cadres free 0f cost invoking
Of technical wing section 4 PAD
Rules, resolution

150/08-09 02/09/08 plan permission pio refused saying
Copies old record not available of past
17 years.
Ordered to give inspection to verify claim
195/08-09 23/09/08 expenses incurred for ordered to provide
Repairing of road as per budget &
In new city light sanctioned proposal
Within how much time as it falls u/s 4
Potable water
Facility be availed
197/08-09 30/09/08 in response to various poi denied saying
notices issued to bilateral court matter
smc how responded? No stay of court
u/s 8(1) b, ordered to
provide.
238/08-09 09/11/08 blockade of internal
Road of society Ordered to provide Is legal Or illegal? PAD while for record
Inspection WAS OREDERED
PIO partly denied saying record not
Available while provisions u/s 4
Provisions refused.
247/08-09 29/11/08 impact fee calculation Delay appeal, No &provision justification for delay.
Though allowed. PIO
Ordered to provide
Recovering documentation charges
256/08-09 12/12/08 name transfer status Delay appeal
procedure ordered to provide entire procedure invoking section 4
257/08-09 Tax increase proposal '' ''
on the basis of media
report
307/08-09 22/01/09 city surve No. 617 pio provided alignment, maps information alignment
circular etc of 30 & 40 feet for different period.
Applicant challenged.
Ordered to provide inspection to verify u/s 7(9) &11 to BPL .
322/08-09 02/02/09 water & assessment ordered to provide
of newly merged area u/s 4 also asked to put
details of appellate on board such details
323/08-09 04/02/09 office time of technical pio replied old record
staff not available. Ordered
to provide u/s 4 PAD
358TO
359 & 362 24/02/09 construction going on PIO asked for location
plots in hawadia chakla PIO ordered to plan permission etc provide as every going
on construction to be display details of such on site also u/s 4 c & d
affected people have right to know invoked

370/08-09 sought information PIO supplied part info
of construction said record not plan permission available.
Insisted to visit site appeal partly allowed
& furnish site visit persistence
disallow. Pio asked to provide inspection
416/08-09 25/03/09 details of usage of pio ordered to provide
Community hall, rules u/s 4(1) c & d along procedure done on with procedure done
Complaints & & responsible officers
Responsible staff free of cost
425/08-09 30/03/09 details of property To provide if
transfers necessary applying
section 11 procedure free of cost u/s 7(6) record inspection

First appeal orders outcome in 09-10

Sr no. Appeal No Date Information sought Order made in appeal
1. 3/09-10 4/4/2009 Papers of plan permission & report duly attested Ordered to provide duly Attested along with inspection
2. 9/09-10 8/4/2009 Site visit
in Badekha chakla with
details of plan permission PIO asked particular location Order to provide u/s 4 c & d along with record inspection
3. 24/09-10 20/4/10 Illegal constructions in
Varachha, provision
Of act & responsible
Staff for inactions PIO provided part information except provision & staff. Ordered
4. 30/09-10 1/5/2009 Workers leave, etc
details of shop registration PIOprovided partly. Ordered Provide record Inspection free
5. 32/09-10 2/5/2009 Assessment
Actions taken, property
illegal constructions & Ordered to provide along with record Inspections free, Applying section 11.
6. 33/09-10 4/5/2009 Illegal construction Actions taken on Complaints With checking Ordered to
provide u/s 7(1)
&(3) recovering
Fee. Site visit persistence not granted.
7. 38/09-10 11/5/2009 Details of property
Transfer
PIO denied u/s 11ordered to provide following section 11 process
8. 51/09-10 2/6/2009 Details of education
Of officer, leave, affidavit Filed in high court Ordered to provide all record available Information as no case
Falling u/s 8(1) b
9. 60/09-10 5/6/2009 actions taken on
Pertains civil works
Applications ordered to
invoking s 4 c & d

10. 106/09-10 15/07/09 How much plan sanctioned
Plan passed by SUDA
How much construction
Going on, how much illegal Contention of
applicant to
prepare visiting
site not granted
Allowed
Inspection

11. 110/09-10 18/07/09 list ,educational & experience certificate & license Copies of wait listed 102 PIO provided for 58 asked to provide for rest Free of cost

12. 113/09-10 21/07/09 Name transfer process why
Order etc for BPL
Not done? With whose PIO said N.A. on record ordered to
Provide u/s 4 c & d

13. 121/09-10 29/07/09 in Taj society how many Covered under impact,
How many paid? What About those not paid? PIO partly replied
denied for those who not paid Saying record Not available
Ordered to give Record inspection
14. 136/09-10 7/8/2009 Documents of property Transfer process.
Claiming interested party PIO denied u/s11 Referred denial
by third party Ordered to Provide looking Interest & claim Of heir.
15. 165/09-10 31/08/09 Recruitment rules, posts
Delegation of powers Partly denied ordered to Give free of cost
16. 199/09-10 24/09/09 Plan permission, advertisement hoarding, permission
Partly denied said record not available.
Ordered to give Free of cost Invoking s/ 4
From register of
Permission
17. 206/09-10 6/10/2009 property transfer detail
Power of o attorney No reply from PIO ordered to Provide free
18. 215/09-10 13/10/09 Duty period &orders
Of employees PIO gave in time applicant Claimed misleading citing Orders. Ordered To provide service book
verified record
19. 261/09-10 11/11/2009 Why higher scale benefits Not granted with copy of Resolution PIO gave part
information copy did not. Ordered to Give copies Free of cost
Invoked s. 4
20. 282 to 285 30/11/09 Society built up on
Agricultural land etc Provided part. Ordered to Transfer pertains To other
authority also to provide inspection
21. 298/09-10 14/12/09 Details of complaints
Against employee,
Inquiry report, opinion Of advocate etc PIO provided but not true copy ordered to give true copy with
inspection
22. 309/09-10 21/12/09 Actions taken on application to provide water &
street light PIO replied process of tender for new line but not gave details of alternative ordered to provide free
23. 311/09-10 24/12/10 PFA license of water Pouch product, accountable
Staff to monitor Gave except names of staff. Ordered to
Provide free Invoked s 4
24. 341/09-10 1/1/2010 Third party appealed
Against disclosure of Document to transfer Property PIO divulge property deed ignoring objection of Third party. Upheld decision of PIO looking to public interest. Cautioning PIO To follow s.11
Process properly
25. 378/09-10 27/01/10 Details of primary school Recruitment of teachers, N.O.C. ETC PIO not replied ordered to provide free of COST
26. 410 TO 415 Attendance of daily
Wage workers PIO denied saying record not Available.
Applicant Claimed of
Record citing Industrial award & I.D. Act. Ordered to
provide from

27. 449/09-10 23/03/10 Details of MD. DPH
Doctors & copy of
Education certificate as Per service book PIO provided information, applicant claimed
otherwise Ordered to show Service book
& give.

First appeal orders outcome in 09-10

03/09-10 04/04/09 papers of plan permission ordered to & report duly attested provide duly
Attested along with inspection
09/09-10 08/04/09 details of plan permission pio asked for in badekha chakla with particular
Site visit location
Order to provide
u/s 4 c & d along
with record
inspection
24/09-10 20/04/10 illegal constructions in PIO provided
Varachha, provision part information
Of act & responsible except provision
Staff for inactions & staff. Ordered
To provide free .
30/09-10 01/05/09 details of shop registration pio provided
Workers leave, etc partly. Ordered
Provide record
Inspection free
32/09-10 02/05/09 illegal constructions & ordered to
Actions taken, property provide along
Assessment with record
Inspections free,
Applying section
11.
33/09-10 04/05/09 illegal construction ordered to
Actions taken on provide u/s 7(1)
Complaints With checking &(3) recovering
Fee. Site visit
persistence not
granted.
38/09-10 11/05/09 details of property pio denied u/s 11
Transfer ordered to
provide following
section 11
process

51/09-10 02/06/09 details of education ordered to
Of officer, leave, affidavit provide all record
Filed in high court available
Information as no case
Falling u/s 8(1) b
60/09-10 05/06/09 actions taken on ordered to
Applications invoking s 4 c&d
Pertains civil works
106/09-10 15/07/09 how much plan sanctioned contention of
Plan passed by SUDA applicant to
How much construction prepare visiting
Going on, how much illegal site not granted
Allowed
Inspection
110/09-10 18/07/09 list ,educational & experi- pio provided
Ence certificate & license for 58 asked to
Copies of wait listed 102 provide for rest
Free of cost
113/09-10 21/07/09 name transfer process why pio said N.A.
Not done? With whose on record
Order etc for BPL ordered to
Provide u/s 4
C & d
121/09-10 29/07/09 in taj society how many pio partly replied
Covered under imp[act, denied for those
How many paid? What who not paid
About those not paid? Saying record
Not available
Ordered to give
Record
inspection
136/09-10 07/08/09 documents of property PIOdenied u/s11
Transfer process. Referred denial
Claiming interested party by third party
Ordered to
Provide looking
Interest & claim
Of heir.
165/09-10 31/08/09 recruitment rules, posts partly denied
Delegation of powers ordered to
Give free of cost
199/09-10 24/09/09 plan permission, advertise partly denied
Ment hoarding, said record not
permission available.
Ordered to give
Free of cost
Invoking s/ 4
From register of
Permission
206/09-10 06/10/09 property transfer detail no reply from pio
Power of o attorney ordered to
Provide free
215/09-10 13/10/09 duty period &orders pio gave in time
Of employees applicant
Claimed mis
Leading citing
Orders. Ordered
To provide
service book
verified record
261/09-10 11/11/09 why higher scale benefits pio gave part
Not granted with copy of information
Resolution copy did not.
Ordered to
Give copies
Free of cost
Invoked s. 4
282 to 285 30/11/09 society built up on provided
Agricultural land etc part. Ordered to
Transfer pertains
To other
authority
also to provide
inspection
298/09-10 14/12/09 details of complaints pio provided
Against employee, but not true copy
Inquiry report, opinion ordered to give
Of advocate etc true copy with
inspection
309/09-10 21/12/09 actions taken on application pio replied
to provide water & process of
street light tender for new
line but not gave
details of
alternative
ordered to
provide free

311/09-10 24/12/10 PFA license of water gave except
Pouch product, accountable names of
Staff to monitor staff. Ordered to
Provide free
Invoked s 4
341/09-10 01/01/10 third party appealed PIO divulge
Against disclosure of property deed
Document to transfer ignoring
Property objection of
Third party.
Upheld decision
of PIO looking to
public interest.
Cautioning PIO
To follow s.11
Process properly
378/09-10 27/01/10 details of primary school pio not replied
Recruitment of teachers, ordered to
N.O.C. ETC provide free of
COST
410 TO 415
23/02/10 attendance of daily pio denied
Wage workers saying record not
Available.
Applicant
Claimed of
Record citing
Industrial award
& I.D.act.
Ordered to
provide from
payment record
449/09-10 23/03/10 details of MD. DPH pio PROVIDED
Doctors & copy of applicant
Education certificate as claimed
Per service book otherwise
Ordered to show
Service book
& give.

These appeal orders are already displayed on web site so precise content is recorded here. But on referring all appeal orders all seams speaking orders,. Not only that act is interpreted in context to preamble of the RTI act, some orders are made accordingly, in some section 4 c & d, public consultation, to communicate the decisions to affected people etc &in some section 25 & 26 spirit & intention of the act are invoked. In some orders relevant act or rules are also interpreted like BPMC ACT, record rules etc are also taken in to account.

Chapter 4

Views of complainants relating to procedures, interactions & outcome of applications & views of functionaries relating to the outcome, challenges faced & how to meet the challenges along with interview of CEO & commissioner SMC

So far as this chapter is concerned while the study it is absolutely relied on the records of requests, appeal & second appeal. As it was readily available with the departments & on it’s web sites actual facts is being derived from the record & through study of documents. Though sample feed backs are also preferred. & even feed back taken is counter compared with the facts on documents.

To start with the interview of commissioner, she pointed out & evaluated the imp0lementation of RTI in SMC as :-

1/ Proactive disclosure under section 4 is scrupulously followed in SMC or not? If yes up to what extent? If no why?

Except some of job descriptions & procedures to follow in disposal of work almost rest of the info placed. SMC is a large & complex organization having local self government status consist of more than 80 various departments headed by officials holding multi responsibilities & varied nature of work there fore some what delay in full fledge PAD is noticed.

2/ What is the flow of applications in smc? & generally which kind of applications are received?

500 on an average per month since last two years. Most of which belongs to
illegal constructions, building plan permission, transfer of name in property,
birth & death record or shop & establishment registration etc, while very few
pertains to providing civic service or it's maintenance, like transport facility,
environment protection, market slaughter house or health & sanitation
service the matters relating to public interest.

3/ Whether sufficient number of PIOs &Appellate officers are designated or not?

Yes almost senior level officers like deputy & asst. municipal commissioners & in exceptional cases executive engineer level officials are designated as PIO while senior deputy commissioner is heading appellate section in executive wing to maintain uniformity in similar matters across the SMC as entire administration is decentralized in seven different zone apart from head quarters for centralize service while in secretary & audit sections secretary & municipal chief auditor are the appellate officers.

4/ Do you feel the disposal well in time as stipulated in the act under section 7 or 11?

By & large yes, especially since last one year. SMC has developed computer programme to enroll all the RTI applications in prescribed format / register by the government, As per the extract from programme out of 6366 applications per annum in the last quarter it shows 1148 applications indisposed, looking to 30days time frame to dispose of only 548 applications are time bar indisposed as per programme. In practice out of all these majority might have been disposed off on paper but computer entries might not have been done thus it shows pending. Also if looked appeal numbers at first appellate level it is 463 thus less than 8% of total applications received during 09-10 that also corroborates the stand that 90% applicants are satisfied with the info given by PIO. It is also pertinent to note that all the pios are used to write applicants while replying or providing information that if they are not satisfied with the reply they may make first appeal to appellate authority. Wherever delay is noticed major reasons observed are either non payment of fees by the applicant, non availability of very old record, or record destroyed due to flood like natural calamity as SURAT is flood prone city. In some of the cases either staff is engaged in alternative emergency duty or matters of priority delay may have been there for couple of days.

5/ What are the reasons for delay disposal if any?

1/ Information of very old record which either as per record rules disposed off after stipulated period or destroyed due to erosion or corrosion or natural calamity missing.
2/ Shortage of staff can also be cited one of the reasons as no new staff is allotted exclusive for RTI, Of course it is part of regular duty of the staff but considering volume of RTI applications certainly it affects to disposal along with routine duties.
3/ Persistence by applicants to redress rather than emphasizing for seeking information can also be said one of the reasons
4/ Non payment of fees for documents or record inspection by the applicants finding big amount
5/Information sought is of voluminous nature & not be in the form or statements insisted by the applicants
6/ Applicants seeking information of multi public authorities in the same application which consumes time in transferring from one to another public authorities or PIO/S
7/ information pertains to omission or commission at any level regarding which no any decision is finally taken though applicants are insisting information which may not be materially on record
8/ Are you satisfied with the disposal by PIOs?
Looking to ratio of first appeal i.e. less than 8% of total, indicates the disposal quite satisfactory. Of course it can still be minimize but if matter of interpretation of the act etc are there naturally difference of opinion may prevail which lead to appeal.
9/ Have you imparted training of RTI to your PIO & appellate officer?
yes periodically. & it has not kept limited to pio level only down the level too staff are trained in this regard by expert faculties.

10/ How you are evaluating RTI act & it's provisions?
Right to information is internationally recognized human right. Even in our constitution too under fundamental rights of freedom of speech & expression & right to life & liberty express provisions are enacted. Thus to bring transparency & accountability in public administration it is welcome step rather landmark towards good governance. One can also say third party inspection up to the extent in cases matter/s of any omissions or commissions or irregularities brought to the notice of authorities.
But looking to existing provisions of the act certain sections are needs to be more clarified. Like under section 6(3) every application if not applicable to receiving authority it is mandatory to transfer to concerned within 5 days, many applicants file applications seeking information from multi authorities which beco0mes quite cumbersome to transfer within stipulate period so it may be amended to cover one public authority or one public information under one application fee & for rest separate application fee may be charged. as ignorance of law is not excuse thus person seeking information should also be aware from whom one is seeking information. Also if one is seeking information from particular authority which is not pertains to whom application is given period to dispose off should be 35 days rather than 30 days in that case adding grace period of transfer of application. This is because public administration is service oriented without profit motive so such expenditure should be pass on to the applicant.
like wise there is no application fee for first & second appeal. has been observed that many a times applicants given the information from PIO level though mechanically they used to file first appeal without going in to merit as they have not to pay separate fee. Similarly even after first appeal order almost in favor of applicant though expressing displeasure filing second appeal these kind of appeals increasing administrative expenditure of government thus appeal fee for both level may be imposed on par with application fee to curb vague or frivolous appeal & also to compensate public expenditure in that regard.
If looked towards section 8(j) & section 11 personal information & third party information respectively it needs to be more clarified. because as a part of statutory requirement what ever documents are there on office record of any body that becomes public property if all such information to be distinguished between personal or third part information becomes puzzle some or confusing too. So amendment may be like what ever produced as part of statutory requirement should be in public domain like details to enroll birth & death, property tax name, plan sanction permission etc.
11/ Are you satisfied with the implementation of the act in SMC?
If being CEO of SMC I would say good that may be treated as favor but candidly speaking ours is a good RTI implementation mechanism, Perhaps public authorities having developed computer programme to enroll each application until final disposal . We are amongst those exceptional organization regularly sending quarterly & annual information of disposal under RTI to government simultaneously putting on the web too. Our appeal orders are also placed on web of which some are quite exemplary if citing an example in the context to preamble of the act some orders are issued while on the basis of information put on our kiosk some are issued which are worth observing.
Even though let me tell, public administration & good governance are such area where sky is the limit for development thus much needs to be done learning lessons from past experiences & observations.

So far as feed back of functionaries are concerned

16 forms of feed back are collected from different PIOS.

Questionnaire for public information officer, first Appellate officer

1/ since when acting as PIO / APPELLATE ?

------------------------------------------------------
2/ Your basic qualifications & designation

------------------------------------------------------
3/ How many applications on an average received p.m.

-------------------------------------------------------------
4/ Majority of applications consist of which kind of information? Give rating
a/ Pertains to citizen charter or proactive disclosure
b/ Non receipt of civic/ statutory service
c/ Equity before law not maintained in providing service thus partial treatment
d/ Grievance not redressed for long period
e/ Old personal record of applicants not available with them seeking under RTI
f/ Public interest matters like obligatory duties not performed by P.A.
g/ Third party information to prove discriminatory treatment to the applicant
h/ To enforce accountability & transparency by exposing wrong done, thus to
contain corruption

5/ Being PIO or APPELLATE have you undergone training of RTI? If yes
When & of what duration?

6/ Who imparted training? Are you satisfied with the training imparted?

7/ Are you aware of the basic provisions of the act like proactive
disclosure, application fee, charges, exception to bpl from fee & charges, Transfer
of the application not falling under your jurisdiction, penalty & co0mensation to
appellant etc.

(a) Fully (b) up to major extent
(c) Partial (d) very little

8/ Have your public authority/ organization put on web site proactive disclosure 17
Manual?

(a) Fully (b) Up to major extent
(c) Partial (d) Very little

9/ If your reply is except fully which manual has not been put on web?

(a) Details of organization (b) Citizen charter i.e. powers &duties etc

(c) Records held (d) Budget provision

(e) Details of pio& appellate (f) Channel of supervision

(g) Concession/ permit granted (h) List of beneficiaries

(i) other pl. specify

10/ Are you repplying /providing information disposing appelas in time? In both cases give percentage.

yes %-------- (2) No %--------------

11/ In case of delay due to what reasons?

1.Past record not available (2) Staff crunch

(3) Voluminiousinformation (4) laziness, negligency of staff

12/ How many % of applications you have denied the informationordismissed appelas?

(1) 2 to 5 (2) 5 to 7 (3) 7 to 10 (4) 10 to 15 (5) more than 15

13/ In case of denial which exemption of the act you have invoked ? Give % against each

(1) section 8 _____% (2) section 9 ---------% (3) section 11-----------%

14/ If invoked section 8 which exemption in majority cases?

(1) A Sovereignity of india or leads to incitement
(2) C breach of privilege of legislature
(3) D commercial confidence, trade secrets or intellectual property which may harm competitive position of third party.
(4) G endenger the life or physical safety of person or identify the source of information.
(5) H which may impede the process of investigation,apprehension or prosecution etc
(6) cabinet papers / record of deliberations of meeting of officers
(7) personal information whichhas norelationship with public activity or intererst or would cause unwarrented invasion of privacy.

(8) Any other like non availabity of records etc Pl. specify.

14/ How many of applicants prefer first appeal? In terms of %

1. None (2) less than 5

(3) 05 to 10 (4) 10 to 20

(5) 20 to 25 (6) More than 25

15/ For which reasons Aplicants prefered appeal? Give % against each

(1) Information provided in delay --------------%
(2) Refusal of information -------------%
(3) Asked the applicants to pay unreasonable charges/fee ---------%
(4) Given misleading/ incomplete or false informati0on
(5) Denial of inspection of record

16/ In how many cases of appeals fist appellate authority has issued orders to provide information allowing appeals/ seting asside the decisions of PIO? Give %

(1) More than 90 (2) 75 to 90

(3) 50 to 75 (4) 25 to 50

(5) less than 25

17/ How many % of applicants went to second appeal

(1) None (2) less than 5

(3) 05 to 10 (4) 10 to 20

(5) 20 to 25 (6) More than 25

18/ In how many cases the second appellate authoruity/ commisiion has upheld the orders of F.A.A.

(1) More than 90 (2) 75 to 90

(3) 50 to 75 (4) 25 to 50

(5) less than 25

19/ How many times you might have attended second appelas before commisiion?

(1) up to 5 (2) 5 to 10

(3) 10 to 15 (4) 15 to 20

20/ Do you realised your attendence at commission comfortable?

--------------------------------------------------------

21/ If no in which terms? Have you any suggestions?

-----------------------------------------------------------

----------------------------------------------------------

22/ Have you been ever penalised by commisiion? If yes in how many cases & of what penalty?

-------------------------------------------------------------------------------------

23/ Do you think abuse of law act or misuse by any applicant/s? If yes by which way?

Give rating.

(1) Applications in the name of BPL (2) Applications with multiples to answer
seek voluminious information

1. Applications later withdrawn to (4) Repeated applications to get desired
get other work done repply as per applicant's intrepretation

1.if any other motive, pl. specify

24/ How many % of such applicants approximately found With reference to Q.23 ?

(1) 1 to 2 (2) 3 to 5 (3) 5 to 7 (4) 7 to 10 (5) more than 10

25/ Have you face any difficulty in implemetnatation of the act as PIO OR F.A.A level? Which kind of pl. specify & give your suggestions regarding better implementation of the act .

-------------------------------------------------------------------------------------

---------------------------------------------------------------------------------------

------------------------------------------------------------------------------------------

If willing Pl. sign with Name. ----------------------

They are

First Appellate Officer and Information Officer
Sr.
No. Details of PIO Name & Designation Field Back
Major applications consist which kind of information Knowledge &Traning of RTI State of P.D.A and manual not on web Reasons for delay Regarding abuse of law & per centage of Application Suggestions
1 2 3 4 5 6 7 8
1 shri. C.J.Gamit Dy.Muni. Commissioner(P.& I) 1.Grievance not redressed for long period
2. Old personal record of applicants not available with them seeking under RTI
3. Third party information to prove discriminatory treatment to the applicant Yes.October- 2007& January-2010 Up to major extent.
(1)Citizen charter i.e. powers & duties
(2) Records held (1)Past record not available
(2)Staff cruanch
(3)Voluminious information
(4)laziness,ne gligenoy of staff (1) Applications with multiple questions to
answer seek voluminious information .
(2) Repeated applications to get desired repply as per applicant's intrepretation
(3) Applications later withdrawn to get other work done
(4) Applications in the name of BPL answer seek voluminious information
(5)Application with ulterior 7 to 10%

(1)Their may be application P.A. wise and appeal fee also
(2)Summary Trial disposal by Commision offer then insiting P.I.O. in Person each time
(3) Reginal branches of commission .
(4) Personal information and third party information needs to be clarified.
2 Shri.N.J. Parekh
Vig.& Insp. Officer (1) Grienvance not Redressed for long period Yes.Govt. of Gujrat.(SPIPA) Fully Past record not availabe Applications later with drawn to get other work done
1 to 2 %
Nil
3 Shri. P.D.Munshi
P.A to C.E. (Tech) & I/C Stores Suptd
- Yes.
January-2010
SPIPA Facuties Up to major extent
(1)Citizen charater i.e. powers & duties
(2) Records held. N.A. NO. Nil
4 Shri D.C. Gandhi
Executive Engineer (1)Old personal record of applicants not available with them seeking under RTI
(2) To enforce accountability & transparency by exposing wrong done,thusto conta -incorruption
Yes.January-2010
SPIPA Facuties Up to major extent
(1)Citizen charater i.e. powers & duties
(2) Records held. 1.Past record not available
2.Staff crunch
3. Voluminiousinfor mation
4. laziness, neglig ency of staff 1.Applications later withdrawn to get other work done
(2) Applications with multiple questions to
answer seek voluminious information
2. Repeated applications to get desired
repply as per applicant's interpretation
4.Most applications are done on wasted interest ,
specially in illegal contruction belongs to thried party with ulterior notive more than 10% 1.Voluminious informztion sougat in limited time can be extendedp
(2)shortage of staff & work load.
3.The appeal pertaining to Nos. og PIO it self be comes difficult to wate grievance in time Appeal fee must be separated with invidual PIO
4. The system to exposeu,iteror motive applicant must be introduced avoid mat practice $ extortion
5 Shri.K.S. Patel
Add.City Engineer 1. Third party information to prove discriminatory treatment to the applicant No. Up to major extent.
(1)Records held (1) Staff crunch 1.Applications later withdrawn to get other work done
2.Repeated applications to get desired repply as per
applicant's interpretation
More than 7 To 10 %
Majorily of people use this act. for their own interest In my optionion third party information should not be given to any individual.
6 Shri.B.S. Shsh
Add.City Engineer (1)Grievance not redressed for long period.
(2) Old personal record of applicants not available with them seeking under RTI
(3) Third party information to prove discriminatory treatment to the applicant
(4) Non receipt of civic/ statutory service

Yes January-2010 SPIPA Faculty Up to major extent
(1)Citizen charter i.e. power & duties
(2) Record held (1)Past record not available
(2)Staff crunch
(3)Voluminiousinformation 1.Applications later withdrawn to get other work done
(2) Applications with multiple questions to
answer seek voluminious information
(3)Repeated applications to get desired
repply as per applicant's interpretation
4.Most applications are done on wasted interest ,
specially in illegal contruction belongs to thried party with ulterior notive more than 10% (1)Application with alterior motive espoli journalist
(2)Dealy due to non payment for documents by application No. provision to file in such cases.
(3) Staff shortage is one of problem Gnsistance to third party person information is majar cause. No provision of stay for third party information
7 Shri.Mahesh Singh
Dy.municipal Com.(G) (1)Non receipt of civic/ statutory service
(2) Grievance not redressed for long period
(3) Equity before law not maintained in providing service thus partial treatment
(4) Public interest matters like obligatory duties not performed by P.A.
(5) Pertains to citizen charter or proactive disclosure
(6) Old personal record of applicants not available with them seeking under RTI
(7) Old personal record of applicants not available with them seeking under RTI
(8) To enforce accountability & transparency by exposing wrong done, thus to contain corruption Yes I.G.N.F.A
Dahradun 2007 Smc-surat-2008
Smc-surat-2009 Up to major extent
(1)Citizen charter i.e. power & duties
There was staff crunch but extra effrts were put by staff and applications were disdosed timely. (1)Gget information regarding unau theorized work by an individud and expoint him financially
1.Applications later withdrawn to get other work done
(2) Applications with multiple questions to
answer seek voluminious information
(3)Repeated applications to get desired
repply as per applicant's interpretation
(4)Applications in the name of BPL answer seek voluminious information

Threr is a need to give some punitive power to frist Appellate Authoraity so that the act may be implemeated effectively
8 Dr.R.R Shrivas tav Medical Officer - Yes One day
S.M.c. Fully (1) Voluminiousin information - -
9 Shri D.M. Patel
Executive Engineer (1) Non receipt of civic/ statutory service
Yes October-2007 Up to major extent
(1)Citizen charter i.e. power & duties
(2) Record held (1)Past record not available
(2)Voluminiousinformation
Application in the name of BPL Multiauthorities application is given by applicants, it delays in transferring different authorities. In the name pf BPL voluminious information demanded. Personal information and third party information needs to be clarify more.
10 Dr. H.S. Desai
Medical officer of Health 1.Old personal record of applicants not available with them seeking under RTI
2.Grievance not redressed for long period.
3.Third party information to prove discriminatory treatment to the applicant
4.Non receipt of civic/ statutory service
5.Pertains to citizen charter or proactive disclosure
6.Public interest matters like obligatory duties not performed by P.A.
7.To enforce accountability & transparency by exposing wrong done, thus to contain corruption

No.Training
received Up to major extent
List of beneficiaries
Voluminious information Most of the application are done due to applicants personal grievances or to harass the officer. There should be more PIO. Each Dept. head should be PIO As there is more burden on Div. Heads.
(2) Perfect training should be given to persons who deals RTI act.
(3)Central RTI Cell Should be strengthen.
11 Shri.B.I.Dalal
Executive Engineer (1) (1)Non receipt of civic/ statutory service
(2).Grievance not redressed for long period.
(3)Public interest matters like obligatory duties not performed by P.A.
(4)Third party information to prove discriminatory treatment to the applicant
(5)To enforce accountability & transparency by exposing wrong done, thus to contain corporation Yes Exact detail
are not available Fully (1)Past record not available
(2)Staff crunch
(1)Applications in the name of BPL answer seek voluminious information.
(2) Applications with multiple questions to
answer seek voluminious information
(3) Applications later withdrawn to get other work done

(1) Probable misuse of BPL Card to collect bulk information for the applicant uuder genral category some legal restrictions may be imposed.
(2) almost 200 appllicants were received by E.Z having questions of similar nature /same. Replying to such applications of a BPL card holder may had created unnecessary financial burden. With the Provision of legal restriction such Situation could either be restricted or avoided.
(3) There are many incidences where , more than 5 (five) questions / information was asked for & in one incidence 65(sixty five) questions /information, was asked covering more than one department /institution which in turn creates enormous difficulties/harrasement. Restriction in such cases must be imposed. (4)Adress proof must be asked to submit alongwith contact number, as there are many incidencies, where the reply letters posted through UPC were return in absence of proper adress.
(5) Identity proof along with application shall be made compulsory so as to avoid fraud application.
12 Shri. J.M. Patel
Dy. Com.(P&D) (1)Grievance not redressed for long period.
(2)Equity before law not maintained in providing service thus partial treatment
(3) Old personal record of applicants not available with them seeking under RTI
(4) Non receipt of civic/ statutory service
(5) Pertains to citizen charter or proactive disclosure

Yes October-2007& January 2010 Up to major extent
(1) Record held (1)Past record not available
(2)Staff crunch 1. Repeated applications to get desired reply as per applicant' sinterpretation
2.Applications later withdrawn to get other work done
(3) Applications with multiple questions to
answer seek voluminious information
(4)Applications in the name of BPL answer seek voluminious information

When applicants have asked for information related to whole city or state with multiple questions to seek voluminious information. The information if not in the public interst at large it should be chaged at higher rate.
13 Shri. K.S. Desai
Executive Engineer
(1)Non receipt of civic/ statutory service
(2) Grievance not redressed for long period
(3) Third party information to prove discriminatory treatment to the applicant
Yes January-2010
Up to major extent
(1) Record held (1)Past record not available
(2)Staff crunch
(3)Voluminiousinformation
(1)Applications with multiple questions to
answer seek voluminious information.
(2) Applicant with ulterior motire
(1)Regional branches of commission
(2) PIO may be exempted to attend in case of merit
14 Dr.Kalpana A. Desai
Dean _ Yes 2007 Up to major extent
_N.A._ 1.Applications with multiple questions to
answer seek voluminious information
Yes
(1) In case of Voluminious information (2) APIO and under staff providing the required information should be properly trained or then should be separat staff for providing information only.
15 Shri. Raxaben R. Parmar
Dy. Project Officer Demand of B.P.L. card. No.
Training of RTI. Up to major extent
(1) Record held
(2) list of beneficiaries. Voluminiousinformation
Applications in the name of BPL answer seek voluminious information -
16 Shri. R.C. Patel
I/C Chif Project Officer Demand of B.P.L. card Yes
January
2010 Up to major extent
(1)Channel of Supervision
(2) list of beneficiaries. Past record not available Applications in the name of BPL answer seek voluminious information -

PIO
que. No option no. percentage(%)

4 a 25
b 50
c 19
d 56
e 44
f 19 1 6.25
g 38 2 12.5
h 25 3 18.75
4 25
9 a 19 5 31.25
b 56 6 37.5
c 75 7 43.75
d 19 8 50
e 19 9 56.25
f 19 10 62.5
g 19 11 68.75
h 31 12 75
i

11 1 63
2 44
3 50
4 19

23 1 56
2 56
3 31
4 38
5

PIO
que. No option no. percentage(%) applications consist of

4 a 25 citizen charter
b 50 civic services
c 19 equity before law not maintained
d 56 grievance not redressed
e 44 old record not available
f 19 obligatory duties & public interest
g 38 third party information
h 25 enforce accountability & transparency
which PAD is not disclosed
9 a 19 details of organisation
b 56 citizen charter
c 75 record held
d 19 budget provision
e 19 details of pio
f 19 channel of super vision
g 19 Concessions & permit given
h 31 list of beneficiaries
i
Delay disposal due to what
11 1 63 Past record not available
2 44 Staff crunch
3 50 voluminious information sought
4 19 laziness /negligency of staff
abuse of act by which way
23 1 56 In the name of BPL voluminious info sought
2 56 multiple questions asked to repply
3 31 applications later withdrawn for other work
4 38 repeated applications for desired repply

If looked at the feed back of functionaries:-

PIO have tick marked in multi options where ever more than one option consisting applications are received.
Kind of applications received by PIO in terms of percentages if summarized:
more than 50% consist of civic services & non redressal of grievances.
25% belongs to citizen charter
rest 25% consist of enforcing accountability & transparency, equity before law not maintained & obligatory duties & public interest related.
All these includes 38% third party information & seeking information of very old record.
While so far as PAD Is concerned 75% have accepted that record held is not displayed which includes 56% citizen charter related matter not displayed.
Almost 19% accepted that details of organizations, concessions & permits , channel of supervisions is not displayed, While 31% said list of beneficiaries is yet to be completed.
So far as delayed disposal reasons are concerned 63% have said that past record is not available is one of the prime reasons. Which includes 50% applications seeking voluminous records. 44% shown the reasons of staff crunch, while 19% rated to laziness of staff.
One of the question pertains to observations of abuse of law 56% said in the name of BPL seeking voluminous record & applications seeking multiple questions. Rest 40 includes such applicants who later withdrew applications for other work or repeated applications to get desired reply.
It is also pertinent to note that verbally while in interactions many of the PIO categorically said that one of the prime reason for late disposal is number of parallel duties assigned to the staff & officers like census, election work, state functions, celebrations of various occasions announced by state government or authorities etc apart from their regular duties, which directly affect adversely to timely disposal of RTI applications.
Even in their suggestions they have emphasized for regular staff be deputed for RTI applications accompanied by regular training. With that they have expressed the opinion of curbing the menace of applications seeking multiple authorities information in the single application to prevent delay to transfer to number of authorities.

Thus majority of all PIO are unanimous in late disposal reasons i.e.,. multiple transfer, Staff crunch & seeking voluminous information by the applicants.

All have accepted the need to strengthened proactive disclosure,& up to major extent that has been done as said by all. So far as RTI training is concerned they are satisfied with it. & the efforts made by SMC are certainly in consonance with the provisions.
Almost all PIO’s have express worry towards applicants with ulterior motive. Otherwise by & large all PIO’s performance is satisfactory. If compared to national statistics the performance of SMC PIO is far better.
Most of the PIO in their feed back have categorically said that personal information & third party information need to be clarified more. Even municipal commissioner has also expressed similar view.

So far as feed back from applicants are concerned 28 forms are collected from different civic centers.

These are

VFZ8LVF. C[9/GF VZHNFZ DF8[GL 5|`GFJ,L

s!fP DFlCTLGM VlWSFZ VlWlGID lJX[ VF5[ S[JL ZLT[ HF^I]\m

s!f 5|RFZ DFwIDM s f sZf 8LJLq :YFGLS ;DFRFZ R[G, s f s#f V[;V[D;L HFC[ZFT s f s$f lD+MqU'5 wJFZF s f s5f :J{lrKS ;\:YFVMGF 5|ItGM wJFZF s f

sZfP V[;V[D;L wJFZF XC[ZDF\ S[8,FS :Y/MV[ lGN"XG DF8[ D]SJFDF\ VFJ[, CMl0"u;4 A[G;"4 HFC[ZFTGF AM0" VF5[ HMIF
K[m
s!f CF s f sZf GF4 s f

s#f VFZ8LVF. V[S8 C[9/ VF5[ SM. 56 DFlCTL D[/JL K[m
s!f CF s f sZf GF4 s f

s$fHM CF CMI TM VtIFZ ;]WLDF\ S[8,LJFZm
s!f V[S s f sZf A[ YL 5F\R s f s#f 5F\RYL NX s f s$f NXYL JWFZ[ s f

s5f VF5[ SIF 5|SFZGL DFlCTL D[/JL K[m
s!f GFUZLS VlWSFZ 5+ VG[ :JI\ HFC[Z SZJF IMuI H[JL S[ jIJ:YFT\+4 OZHMGL lJUTM4 SFDGF lGSF,GL SFI"ZLTL
VG[ WMZ6M 4 lGSF, DF8[GF ;DI HJFANFZ VlWSFZLVM lJP s f
sZfGCL\ lGSF, YI[, OZLIFNGL l:YlT H6FJF DF8[P s f
s#f GFUlZSGF VlWSFZM VYJF 5|F%I ;UJ0M G D/TF\ T[GF SFZ6M H6FJF DF8[P s f
s$f HFC[Z lCTGL AFATM H[JL S[ Z:TF 5F6L4 U8Z4 VFZMuI ;]Z1FF4 X[ZL ,F.8 ;[JF lJU[Z[ G 5}ZL 5F0JF VYJF
;DI;Z lGEFJ GCL\ SZJF DF8[P s f
s5f ;DFG lS:;FVMDF\ ;DFGTF HF/JJFG[ SFZ6[ ;DFG DF6;MG[ ;DFG 5lZl:YlTDF\ S[JL ZLT[ JTF"J SZJFDF\ VFJ[ K[
V\U[GL DFlCTL H[JL S[ U[ZSFIN[;Z AF\WSFD4 ;[JFGM .gSFZ VYJF 5[5Z 5|lS|IF H[JL S[ VFSFZ6L GM\WDF\ GFD
TANL,L V\U[P s f
s&f +FlCT 51FSFZG[ ,UTL DFlCTL S[ ;DFG lS:;FDF\ T[6[ SFD SZFJJF DF8[ X]\ ZH} SZ[, K[ T[ H6FJF DF8[ S[ H[ AFAT[
VF5G[ .gSFZ SZJFDF\ VFjIM CMIP s f

s&f DFlCTL D[/JJF DF8[ VF5G[ N:TFJ[H OL R}SJJF DF8[ H6FJJFDF\ VFJ[, K[m
s!f CF s f sZf GF s f

s*f HM CF CMI TM ;FDFgI ZLT[ VZHL SIF"GF S[8,F lNJ;M 5KLm
s!f !5 YL Z5 s f sZf Z5 YL #_ s f s#f #_ YL $_ s f

s(f VF5G[ DFlCTL #_ lNJ;GL V\NZ VYJF ;DI DIF"NFDF\ D/L K[m
s!f CF s f sZf GF s f

s)f HM GF CMI TM ;FDFgI ZLT[ S[8,F ;DI 5KLm
s!f !5 YL Z5 s f sZf Z5 YL #_ s f s#f #_ YL $_ s f s$f $_ YL 5_ s f s5f 5_ YL
JWFZ[ s f

s!_f HFC[Z DFlCTL VlWSFZL wJFZF 5}ZL 5F0JFDF\ VFJ[,L DFlCTLYL VF5 ;\T]Q8 YIF KMm
s!f CF s f sZf GF s f

s!!f HM GF CMI TM SIF SFZ6M;Zm V[S VYJF JWFZ[ lJS<5 p5Z 8LS SZL XSMP
s!f ;DI;Z 5}ZL 5F0JFDF\ VFJL GYLP s f
sZf DFlCTL 5}Z[5}ZL 5}ZL 5F0JFDF\ VFJL GYLP s f
s#f Z[S0" p5,aW G CMJFGF SFZ6M;Z DFlCTLGM .gSFZ SZJFDF\ VFjIM CMIP s f
s$f TDFZF AWF H ;JF,MGM .gSFZ SZJFDF\ VFjIM CMIP s f
s5f 5|`GMGF ptTZ VF5JFG[ AN,[ N:TFJ[H qT5F;6L OL EZJF H6FJL N:TFJ[HM D[/JJF ;}RJ[, CMIP s f
s&f 5|tI]tTZG[ AN,[ Z[S0" T5F;6L DF8[ H6FjI]\ CMIP s f
s*f DFlCTLGF .gSFZ DF8[ SFINFGF V5JFNG[ 8F\SJFDF\ VFjIF CMIP s f
s(f ALHF SM. 56 HJFAM RMSS; XaNMDF\ J6"JF lJG\TLP s f
s)f VF5GL OZLIFNGM lGSF, YI[, G CMI s f

ZP
s!ZfP HM VF5G[ DFlCTL 5}ZL 5F0JFDF\ VFJL G CMI TM VF5 5|YD V5L, VlWSFZLG[ V5L, SZL K[m
s!f CF s f sZf GF s f

s!#fP HM CF CMI TM .gSFZ VYJF V;\TMQFSFZS HJFAGF S[8,F ;DIDF\m
s!f lNGv#_ GL V\NZ s f sZf lNGv#_ 5KL s f

s!$fP V5L, VlWSFZLV[ V5L,GM lG6"I #_ YL $5 lNJ;GL ;DI DIF"NFDF\ ,LW[, K[m
s!f CF s f sZf GF s f

s!5f V5L, VlWSFZLGF lG6"IYL VF5G[ ;\TMQF YIM K[m
s!f CF s f sZf GF s f

s!&fP HM GF CMI TM SIF SFZ6M;Zm
s!f V5L, VlWSFZL wJFZF HFC[Z DFlCTL VlWSFZLGF lG6"IG[ VG]DMNG VF5JFDF\ VFJ[, K[P s f
sZf HFC[Z DFlCTL VlWSFZLGM lG6"I V\XTo :JLSFZ[, VG[ V\XTo DFlCTL VF5JF C]SD SZ[, K[P s f
s#f V5L, ALHF VgI SFZ6M;Z NOTZ[ SZJFDF\ VFJ[, K[ RMSS; XaNMDF\ J6"G SZJF lJG\TLP s f

s!*f5|YD V5L, VlWSFZLGF lG6"I 5KL GFZFHULGF lS:;FDF\ VF5[ ALHL V5L, ;tTF VFIMUGM ;\5S" SZ[, K[P
s!f CF s f sZf GF s f

s!(f !* G\AZ 5|DF6[ ALHL V5L,GM lGSF, YIM K[ S[ GCL\m
s!f CF s f sZf GF s f

s!)f ALHL V5L,GF lG6"IDF\ 5|YD V5L,GM C]SDG[ VG]DMNGqACF,L VF5JFDF\ VFJ[, K[ S[ VgI C]SD SZJFDF\
VFJ[, K[P
s!f VG]DMNG s f sZf VgI C]SD s f

sZ_f HM C]SD SZJFDF\ VFJ[, CMI TM SIM C]SD SZJFDF\ VFJ[, K[P lJUT J6F"JJF lJG\TLP
PPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPP

sZ!f ;]ZT DCFGUZ5Fl,SFDF\ VFZ8LVF. SFINFGL VD,JFZLG[ S[JL ZLT[ D],JM KMm
s!f JWFZ[ ;FZ]\ s f sZf ;FZ]\ s f s#f ;\TMQFSFZS s f s$f ;\TMQFSFZS GCL\P s f

VF5 .rKM TM V,FINF SFU/ p5Z D]
HM VF5 .rKM TM ;CL ;FY[ GFDPPPPPPPPPPPPPPPPPPPPPPPPP

Sr.
No. Name of Applicant Field back
How know about RTI act. kind of information sought satisfied with information received Reasons for dissatisfation satisfied with frist apeal Reasons for not satisfied with frist apeal Overall rating Suggestions
1 2 3 4 5 6 7 8 9 10
1 shri Bhavesh v. saraiya friends/Group sources Civic Rights or services available to you not availaed so to know the reason/s yes - yes - very good -
2 Shri.Parsottam M..Moriya Media 1.Citizen charte & Proactive Disclosure like details of organi sation, duites, procedure of work disposal, & norms, time for dispo sa l , responsible officers etc ts or services available to you not availaed so to know the reason/s
(4) Matters of Public interest like Roads, water, drainage, sanita tion, street light serv -ices etc notprovided or not maintained in time
1. Equity not maintained in similar cases so soughti information regarding how
yes - yes Partly accepted the decision of PIO & order to provide part information very good -
3 ShriMadhu nada 1..Media
2.Friends/ Group sources 3. By efforts of N.G.O.
1. Matters
of Public interest like Roads, water, drainage, sanitation, street light services etc notprovided or not maintained in time
yes - yes - Very good -
4 Shri Umesh Acharia friends/Group sources Citizen charte & Proactive Disclosure like details of organisation, duites, procedure of work disposal, & norms, time for disposal, responsible officers etc No. 1.Information not provided completly .2..Rather than repplying the questions asked to pay the fees & get the documents
- Katargam Zones PIO asked to pay more than Rs.800/- But I have no money Not up to mark -
5 Shri Shashikant B. Patel Media 1.Citizen charte & Proactive Disclosure like details of organisation, duites, procedure of work disposal, & norms, time for disposal, responsible officers etc Yes but from Police Dept. Dist. Panchayat & collector Not satisfied Not provided within time
Denied the information on the ground of record not available
Dist.Collectior Taluka panchayat & Police Dept. administration is very slow No.information about PIO
Yes - Very Good -
6 Shri. Kansadwala Mukund N. 1.Media
2.Smc publicity
3.friends/Group sources 1.Citizen charte & Proactive Disclosure like details of organisation, duites, procedure of work disposal, & norms, time for disposal, responsible officers etc Yes. - Yes - Very Good -
7 Shri. Sureshbhai N.Patel (Advocate) Smc. publicity 1.Grievance not redressed so to know the status Yes - Yes _ Very Good -
8 Shri.Jyotiben Kantilal Parmar Smc. publicity - No. 1.Not provided within time
2.nformation not provided completely
3.Your grievance complaine not redressed
- - Satisfactory -
9 Shri.Mejar Dipak Rathor Media
Smc. publicity 1.Citizen charte & Proactive Disclosure like details of organisation, duites, procedure of work disposal, & norms, time for disposal, responsible officers etc
2.Civic Rights or services available to you not availaed so to know the reason/s
(4) Matters of Public interest like Roads, water, drainage, sanitation, street light Yes - - - Good -
10 Shri. Ajay Chandrakant Sharma Smc. publicity 1.Citizen charte & Proactive Disclosure like details of organisation, duites, procedure of work disposal, & norms, time for disposal, responsible officers etc

Grievance not redressed so to know the status
4) Matters of Public interest like Roads, water, drainage, sanitation, street light
Mix 1.Not provided within time
2.nformation not provided completely
3.Your grievance complaine not redressed 3.Asked you to inspect the record rather than repplying.
- - Satisfactory -
11 Shri.Bhavesh Vashanshi friends/Group sources (1)Citizen charte & Proactive Disclosure like details of organisation, duites, procedure of work disposal, & norms, time for disposal, responsible officers etc
(2)Grievance not redressed so to know the status
(3) Civic Rights or services available to you not availaed so to know the reason/s
(4) Matters of Public interest like Roads, water, drainage, sanitation, street light services etc notprovided or not maintained in time
(5)Equity not maintained in similar cases so soughti information regarding how

Yes 1.Denied the information on the ground of record not available
Asked you to inspect the record rather than repplying.
Quoting exemption of the act denied the information.
Your grievance complaine not redressed
Yes (1)Upheld the decision of PIO

(2) Partly accepted the decision of PIO & order to provide part information Satisfactory -

12 Shri bharat kumar shashi kaut vakharia Smc publicity - Yes - yes Partly accepted the decision of PIO & order to provide part information Very good
13 Shri dipesh vakhaia Smc publicity (1) Grievance not redressed so to know the status
(2) Civic Rights or services available to you not availed so to know the reason/s
(3) Matters of Public interest like Roads, water, drainage, sanitation, street light services etc not provided or not maintained in time
(4) Equity not maintained in similar cases so sought information regarding how similar person treated in similar situation like illegal construction, denial of service or to process the papers like name ransfer in assessment record etc. No 1. Not provided within time
2. Information not provided completely
3. Rather than replying the questions asked to pay the fees & get the documents
4. Your grievance complain not redressed
5. officers are finding excuses & way to escape to defend them in future No - Not up to mark
14. Shri Dinesh Anajwala Media
Friends / Group source Citizen charter & Proactive Disclosure like details of organization, duties, procedure of work disposal, & norms, time for disposal, responsible officers etc Mix 1. Not provided within time
2. Information not provided completely
3. Denied the information on the ground of record not available
No Upheld the decision of PIO 1.satisfactory
2.not up to the mark
15. Vimal N Surati By efforts of N.G.O Citizen charter & Proactive Disclosure like details of organization, duties, procedure of work disposal, & norms, time for disposal, responsible officers etc yes - - - Very good
16. Shri Maganbhai Ghughabhai Ahir Smc publicity Matters of Public interest like Roads, water, drainage, sanitation, street light services etc not provided or not maintained in time
yes - - - Very good
17. Shri Yadav prabhunath
Prasad Smc publicity Equity not maintained in similar cases so sought information regarding how similar person treated in similar situation like illegal construction, denial of service or to process the papers like name transfer in assessment record etc.
yes - - - Satisfactory
18. Shri Suraj Savani Friends/Group sources Equity not maintained in similar cases so sought information regarding how similar person treated in similar situation like illegal construction, denial of service or to process the papers like name transfer in assessment record etc. mix No reply from P.I.O. - - Good
Satisfactory
Not up to the mark
19. Shri Rutik Suyel T.V./ Local channels news 1. Citizen charter & Proactive Disclosure like details of organization, duties, procedure of work disposal, & norms, time for disposal, responsible officers etc
2. Grievance not redressed so to know the status
3. Civic Rights or services available to you not availed so to know the reason/s
4. Matters of Public interest like Roads, water, drainage, sanitation, street light services etc not provided or not maintained in time
5. Third party information to know what s/he had produced to get work done in similar cases wherein you have been denied.
No 1.Not provided within time

2.Information not provided completely

3.Rather than replying the questions asked to pay the fees & get the documents
by paying fees.

No - Not up to the mark
20. Shri Bharatbhai Babubhai Kanthariya Media
By effort of N.G.O 1. Grievance not redressed so to know the status
2. Civic Rights or services available to you not availed so to know the reason/s
3. Matters of Public interest like Roads, water, drainage, sanitation, street light
services etc not pr
4. Third party information to know what s/he had produced to get work done in
similar cases wherein you have been denied.
No(many time) 1.Not provided within time
2.Information not provided completely
3.Denied the information on the ground of record not available
4.Your grievance complain not redressed
5. Information is not related to our department No 1.Partly accepted the decision of PIO & order to provide part information
2.in the name late appeal, protecting own officers Not up to the mark
21. Shri Mahendra sing. A. Bhrahmabhatt Media

T.V./ Local channels news

Smc publicity

Friends/ Group sources

By efforts of N.G.O. 1.Citizen charter & Proactive Disclosure like details of organization, duties, procedure of work disposal, & norms, time for disposal, responsible officers etc
2. Grievance not redressed so to know the status
3. Civic Rights or services available to you not availed so to know the reason/s
4. Matters of Public interest like Roads, water, drainage, sanitation, street light services etc not provided or not maintained in time
5. Equity not maintained in similar cases so sought information regarding how similar person treated in similar situation like illegal construction, denial of service or to process the papers like name transfer in assessment record etc.
7. Third party information to know what s/he had produced to get work done in similar cases wherein you have been denied.
No 1. Not provided within time
2. Information not provided completely
3. Denied the information on the ground of record not available
4. Refused to reply all your questions
5. Rather than replying the questions asked to pay the fees & get the documents
by paying fees.
6. Asked you to inspect the record rather than replying.
7. Quoting exemption of the act denied the information.
8. Your grievance complain not redressed
9. PIO transfer application of information wrongly
10. some of the department like town planning,town developing and south & south-east zones are not implementing even 1%
-for the sake of formality to show implementation of the act
-they are not interested in exposing corruption mix 1. Upheld the decision of PIO
2. Partly accepted the decision of PIO & order to provide part information
3.appellate officers sometimes dispose of appeals without any specific orders
Not up to the mark
22. Shri Nareshbhai Nanjibhai Bathwar Friends/ Group sources 1.Citizen charter & Proactive Disclosure like details of organization, duties, procedure of work disposal, & norms, time for disposal, responsible officers etc
2. Civic Rights or services available to you not availed so to know the reason/s
3. Equity not maintained in similar cases so sought information regarding how similar person treated in similar situation like illegal construction, denial of service or to process the papers like name transfer in assessment record etc.
Third party information to know what s/he had produced to get work done in similar cases wherein you have been denied. No 1. Not provided within time
2. Information not provided completely
3. Denied the information on the ground of record not available
4. Quoting exemption of the act denied the information.
5. Your grievance complain not redressed
6.always incomplete, improper & unclear information us given, P.O.(R) & DMC(P&I) can be rated first for providing false information No 1. Upheld the decision of PIO
2. Partly accepted the decision of PIO & order to provide part information
3. after appeal supporting evidence are sought from appellate and even though of a producing there is no action seems in appeal order Good
Not up to the mark
23. Shri Kamlesh M. Chodvadia Media
Smc publicity Matters of Public interest like Roads, water, drainage, sanitation, street light
services etc not provided or not maintained in time Mix 1. Not provided within time
2. Information not provided completely
3. Denied the information on the ground of record not available
4. Quoting exemption of the act denied the information.
5.deliberately information is concealed No 1. Upheld the decision of PIO
2. Partly accepted the decision of PIO & order to provide part information
3. not available on the record
Very good
24. Dr. Babulal M. Shah Smc publicity
Friends/group source 1.Grievance not redressed so to know the status
2. Civic Rights or services available to you not availed so to know the reason/s
3. Equity not maintained in similar cases so sought information regarding how similar person treated in similar situation like illegal construction, denial of service or to process the papers like name transfer in assessment record etc. No 1. Information not provided completely
2. Denied the information on the ground of record not available
3.. Asked you to inspect the record rather than replying.
4.Your grievance complain not redressed
No 1. Partly accepted
2. PIO gives proper information in some of the cases reply record not available. It is their duty to maintain the record properly though they are replying record is not available is tantamount injustice Not up to the mark
25. Shree Viththalbhai S. Panpatil Friends/ Group source 1.Citizen charter & Proactive Disclosure like details of organization, duties, procedure of work disposal, & norms, time for disposal, responsible officers etc
2. Grievance not redressed so to know the status
3. Matters of Public interest like Roads, water, drainage, sanitation, street light
services etc not provided or not maintained in time
4. Equity not maintained in similar cases so sought information regarding how similar person treated in similar situation like illegal construction, denial of service or to process the papers like name transfer in assessment record etc.
No 1. Not provided within time
2. Information not provided completely
3. Denied the information on the ground of record not available
4.Asked you to inspect the record rather than replying.
5.rather than providing information ask misleading information is given protecting regional officers No 1.Upheld the decision of PIO
2.appeal is dismissed on the ground of complain redressed on the basis of evidence produced by PIO, Because complainant is illiterate Not up to the mark
26. Shri Hemant Desai Media
T.V./ Local channels news 1. Grievance not redressed so to know the status
2. Civic Rights or services available to you not availed so to know the reason/s
3. Matters of Public interest like Roads, water, drainage, sanitation, street light
services etc not provided or not maintained in time
4. Equity not maintained in similar cases so sought information regarding how similar person treated in similar situation like illegal construction, denial of service or to process the papers like name transfer in assessment record etc.
5. Third party information to know what s/he had produced to get work done in
similar cases wherein you have been denied.
No 1. Not provided within time
2. Information not provided completely
3. Denied the information on the ground of record not available
4. Refused to reply all your questions
5. Rather than replying the questions asked to pay the fees & get the documents
by paying fees.
6. Asked you to inspect the record rather than replying.
7. Quoting exemption of the act denied the information.
8.Your grievance complain not redressed
9. transparency is required in information act No 1. Partly accepted the decision of PIO & order to provide part information
2. rather than ordering to provide information most of the appeals are filed Not up to the mark PIO is providing details of nature and addresses of the RTI applicant which may put applicant like in danger & citizens are afraid of using RTI act

Pio transferring applications wrongly

Commissioner self should reply.
Suggestions through news papers & media invited for better
Implementation of act & to amend it..

27. Shri Falguni K. Jariwala Friends/Group source Equity not maintained in similar cases so sought information regarding how similar person treated in similar situation like illegal construction, denial of service or to process the papers like name transfer in assessment record etc. No 1. Information not provided completely
2. Denied the information on the ground of record not available
3. Quoting exemption of the act denied the information.
4. Your grievance complain not redressed No 1. Upheld the decision of PIO
2. to fondle the officers like PRO who are incomplete information act is sideline
Satisfactory Even though information act is for people and every citizen has right to information despite human rights & basic principles of the act are floated

Applicant has to run from pillar to post for actions.
Few good experience but more bad.

Finding excuses to deny information.
28. Shri Pinkal P. Gheewala Friends/group source 1. Citizen charter & Proactive Disclosure like details of organization, duties, procedure of work disposal & norms, time for disposal, responsible officers etc

No 1. Not provided within time
2.. Information not provided completely
3. Denied the information on the ground of record not available
4. Quoting exemption of the act denied the information.
5.Your grievance complain not redressed
6. though information is under knowledge it is delayed wasting time.

-complainant is forced to tire Mix 1. Information is not given in simple words
2. time and money is wasted in ambiguous reply Not up to the mark Other side of the coin ambiguous reply given e.g. record not available for plan pass that means it may be passed may not be.
Not to use cross word puzzle but clarity of information is required.
Make mockery of the act by finding excuses.
Appeals & processes takes time even after that information not furnished.
If not given info even after appeal they should be punished.
In appeal record & officers should be called on.

Applicants
que. No option no. percentage(%)
1 1 35
2 10
3 42
4 42
5 14

5 1 50
2 39
3 32
4 39
5 39
6 21
7

10 1 43
2 43
3-mix 14

11 1 45
2 54
3 43
4 7
5 18
6 21
7 25
8
9 36

15 1 29
2 32
3-mix 7

16 1 25
2 32
3

21 1 36
2 11
3 22
4 29

Applicants
que. No option no. percentage(%) How came to know about RTI
1 1 35 publicity media
2 10 Television/ channel
3 42 Smc Adds.
4 42 Friends
5 14 N.G.O.
Kind of info sought
5 1 50 citizen charter
2 39 Grievance not redressed
3 32 civic services not provided/ availed
4 39 statutory/ public serive of public interest
5 39 Equity before law not maintained
6 21 Third party information
7
wheher satisfied with info provided by pio
10 1 43 Satisfied
2 43 Not satisfied
3-mix 14 Mix response
If dissatisfied what reason
11 1 45 information provided late
2 54 information not provided
3 43 Repplied record not available
4 7 Refuse to reply all questions
5 18 Asked for inspection & get copies
6 21 Asked for inspection
7 25 Denied invoking exemption
8
9 36 other reasons
Whether satisfied with first appeal order
15 1 29 Satisfied
2 32 Not satisfied
3-mix 7 Mix response
If not dissatisfied what reason
16 1 25 Upheld decisions of PIO
2 32 Partly allowed appeal & order to provide
3
How rating implementation overall
21 1 36 Very good
2 11 Good
3 22 Satisfactory
4 29 Not satisfactory

If looked at feed back received from applicants :-
They have also tick marked to more than one options.
So far as How they came to know about RTI
42% said SMC publicity & advertisements While 35% contribute it to media, 10% gave credit to Television & local channels While rest said through NGO

Regarding kind of information sought :
50% said pertains to citizen charter,39% said pertains to grievance not redressed, equity before law not maintained along with statutory public service related matters including civic services not provided.. 21% accepted of seeking information related to third party.
Almost 43% accept to be satisfied with the information given by PIO While equal Number said not satisfied. But 14% gave mixed response.
In case of dissatisfaction regarding information provided by PIOs
45% assigned the reason providing information late.
54% said information was not provided to them. As they have opted multiple options here also 43% said they were denied the information by PIO showing excuse of record not available.
7% said PIO s were failed to reply all their questions.
While 21%said that they were asked to inspect the record & get the copies
Number of applicant ions denied invoking various exemptions under the act shown by applicants in feed back in terms of percentage is 25.
So far as first appeal order process evaluation is concerned by the applicants 29% expressed pleasure While 32% shown dissatisfaction, & 7% gave mixed response.
On asking to specify the factors for displeasure towards first appellate officer’s order 25% said F.A.A. has upheld the decisions of PIO While 32% said their appeal was partly allowed by F.A.A.
On asking to give overall rating of implementation of the act in SMC 36% rated very good, While 11% opted for good. 22% said it is satisfactory & 29% opted for not satisfactory performance.
If summarized overall performance evaluation by the applicants in their feed back just 29% are dissatisfied which indicate that 71% are happy with the performance of SMC.
It is also pertinent to note here that out of more than 60 forms sent to various applicants through civic centers of SMC only 28 has preferred to give feedback rest desisted from such exercise. Even on approaching couple of repeated applicants to give feedback they categorically replied verbally that they don’t wish to give as out of couple of requests some reply are they do not find satisfactory. Thus applicants who wish desired reply or redrassal of grievance & that has not been materialized they have given either negative feedback or opted not to give feedback. Thus feedback of the applicant on sample basis can not be generalized. It is also note worthy that disposal data availed from the computer programme of SMC which statistics are sent to state are considered more reliable because that covers the details of all applications.

evaluated, mix response is given by the applicants. Many of the applicants have accepted showing display board & digital sign board Thus publicity make by SMC. Majority of the applicants shown satisfaction While in case of some they have shown dissatisfaction towards manipulated reply. Actually all the applicants feed back if compared with the record, majority of applicants are desiring the reply of their wish. Grievance redressal, expectation is high etc are the cause for dissatisfaction.

Chapter 5

Issues that require to be addressed & amendment that could be made in the act

Issues that require to be addressed on administration front:-

1/ Section 4 proactive disclosure is an excel or one can say spinal cord of the act. It certainly needs to be scrupulously implemented.
In case of SMC as evident from the study certain provisions of citizen charter like job descriptions, & norms for disposal of works & record held & under the control of organization are still to be displayed & published in local language to provide to the person seeking with cost effectiveness.

2/ corruptions, manipulations, maladministration & miss management results in poor & deteriorating public administration
India is amongst last 90 least corrupt countries out of 180 as per transparency international report.
Thus benefits / advantages not reaches completely & time bound to needy or for whom proposed.

India is amongst last 50 nations out of 180 in human development index.
Lack of health/education/basic amenities & in fractural facilities along with malnutrition- calorie :-child to youth 800 to 1700 adult 2200 to 2700 not availed due to which nation is far behind in human development index.

Country in which Judges of the supreme court are reluctant to divulge their property tax returns, Eminent legal luminary & jurist Shanti Bhushan has to alleged that out of 16 supreme court judges 50% were not honest. If this is the situation with guardian of constitution of India serious reconsideration is require to towards governance & public administration to restore credibility & turn it in to good governance.

3/ If office procedure is not followed scrupulously & principles of natural justice are not observed in public administration undoubtedly more & more complaints & grievances are to be crop up.
To over come This :-

4/ (a) First in first out principle - to be applied for every application or complaint to address & dispose off.
(b)Equity before law must be maintained. Thus in similar cases & similar situation equal treatment should be meted out .

(c)Record held under the control of public authority should be classified regularly & put up on web & published too periodically.

(d) grievance redressal should be quick
(e)public duty must be performed scrupulously by every public/government servant with uniformity in ideology, speech & action or behaviour.

5/ To implement the suggestions it is prerequisite to have honest, integrated, committed & loyal staff/ personnel with high moral & ethical values.
For which centralized recruitment system with experts from concerned field & professional approach need to be on the panel of selection committee rather than mere political selectors.

6/ Prompt actions on administration front to prevent & remove illegal encroachment on public land should be undertaken & reviewed periodically.
7/ Another is to seek plan permission is quite cumbersome, time consuming, complicated & expensive process. This certainly needs to be simplified & make more easy, citizen friendly & economic one to encourage more & more people to legalize the construction. In case of enemas unauthorized constructions special policy may be considered with some relaxation giving certain cut off date.
8/ In many of the departments still lack of clear policy is one of the reasons giving more & more discretion to the officers to take decision. This need to be prevented.
Policy need to update regularly adopting continuous research & development process.
9/ E governance, digitization is the best option towards transparency & accountability front.
Of course looking to mere 7% internet user against 70% mobile users in our country a step ahead than e. governance is to resort mobile governance is an essence of era. More & more public & civic service access, complaint & redressal may be resorted through mobile governance system.

10/ So far as information commission is concerned practice of keeping hearing in each & every case becomes monotonous & time consuming too. Apart from that it becomes expensive too on public exchequer. As pointed out by appellate officer & some of the PIO’s as well as suggested by Price water house cooper regional benches of information commission may be set up for speedy disposal 7 to maintain credibility of the act & mechanism under RTI act. Hearing through video conferencing may be one of the options in the era of E. governance.

Summary trials on the basis of merit keeping in mind facts, circumstances & documents of the case is one of the option. Because if up to 1.5 to 2 year if matter is not coming to the board of commission certainly at longer run it is going to create similar situation as of pending court cases 2.5 crores across the nation. To prevent this speedy disposal is of utmost importance at commission level. Also calling to PIO 7appellate each time by the commission is the matter to worry because in each such trip if they have to travel a distance of to & fro 500 K.m. it cost exchequer 8 to 10 thousand per day excluding man days lost. Thus to prevent it more scrutiny may be at first appellate level & other officers at commission level & matter must be disposed off within one hearing whether applicant or pio remains present or not.
11/ There is no provision of interim stay in case of third party information if PIO or appellate officer come to the conclusion to disclose the information ignoring objection raised by third party. As per principle of natural justice this provision should be there.

12/ One of the most debatable point round the corner is whether public limited companies or corporate sectors should be covered under this act or not. So far as present definition of the act is concerned what ever information pertains to the company lying with either company registrar, SEBI or any government authority that may be disclosed if read with definition of information. But the manner in which the fourth largest computer software company satyam was handled by it’s than CEO RAJU manipulating more than 6000 crores of Rs. Another case if discussed of companies benefited it 2 g spectrums & now if they will have to shell more license fees towards it certainly this will be without taking in to confidence the share holders too. Thus In the case of public limited companies where public fund is involved second thought is required to include these companies too under this act.
13/ Most glaring example is of supremacy of right to privacy or right to know? In case of NIRA Radia TAPES Ratan tata has raise this question. Citing disclosure is violating his right to privacy. If looked at wiki leaks agency exposing many of such international reports too is in controversy. If looked towards both the case both have exposed the system, corruption or abuse of power. If right to know is considered, as constitutional right under article 19 coupled with 21 than obviously it dominates over right to privacy. In public life or when public interest outweigh right to privacy becomes secondary. Even otherwise if thought from value & ethical point of view any thing done with ethics or morality & values need not to conceal & that is the transparency. Thus Right to know undoubtedly prevails over right to privacy.
14/ Majority of applications received under RTI pertains to grievance redressal. While RTI act is concerned it is limited to providing access of information. Grievance rdressal is out of per view of the act. Once information I availed by the applicant & PIO or authority admits inaction, laziness or omission/ commission one has to approach same department for remedy. To prevent this situation annual review of such cases across the state may be taken seriously & through public hearing such cases should be redressed

15/ In their feed back majority of PIO have committed that applications with multiple authority information takes time to receive to concerned pio & hardly they are getting sufficient time to dispose off within stipulates time. Many a times end pio receive application duly transferred after a month this is one of the reason for delay disposal. To overcome this incase of applications with multiple authority information when application is transferred by first authority to another all succeeding authorities unless & until fresh fee is paid by the applicant except first one time of disposal for rest of public authority should not be reckoned. Of course for this section 6 & 7 should be amended accordingly. This is not to scuttle the RTI but to harmonize conflicting interest on public administration front.
16/ Simultaneously majority of PIO have clearly mentioned in their fed back 7 interactions that section 8(1)j personal information & section 11 third party information need to be clarified more,. Even Municipal commissioner has also express similar view.

On public/ people front:-

India is democratic country & people are supreme. But it does never mean to say that nexus of media/politicians & criminal/ antisocial should dominate over the administration.
As fear pointed out by many PIO & appellate officer it is simultaneously very necessary to prevent the persons especially from yellow journalism to miss use the RTI ACT.
the manner in which the sensational Nira Radia's clout with media & power corridor in politics emerged the fear pointed out by the functionaries is not out of time.
Perhaps it is other side of the act. No body can be prevented from using the act but at least more awareness efforts on administration front to educate the people not to succumb to such extortion is the best way. Co operation of committed NON GOVERNMENT organization can play pivotal role.

Majority applications under RTI seeking information pertains to actions not taken by authority for longer period. E.g. in case of illegal constructions on mass scale in urban areas & mega cities is common phenomena. Lack of prompt actions on administration front to prevent & remove illegal encroachment on public land is one of the major cause.

One of the aim of RTI act is to bring transparency & accountability & people are seeking such information under RTI but root cause is the demoralization of entire society.
Manner in which day by day one or another type of scams are immerging , people are becoming more & more materialistic. If looked at common wealth games, two g spectrum, Adarsh society & involvement of media & industrialist It seems that in the aftermath of this century no more technocrats or management experts will be required but sociologists, psychologist & psychiatrist will be required to exorcise people from stress & depression. Because so far as issue of corruption is concerned not only public servants are responsible but equally people are too. They have also no patience or courage to resist corrupt system. As said without two hands clap is not possible. People have to get the work done either out of turn or out of way Thus they also allure public servants to resort corruptive practice. To prevent this Not only education but edification will also be equally required right from school curriculum to higher education & professional level to incorporate the concept of ethics, morals, business, professional or service ethics, code of conduct & values in life. Previously this was done by mother while nourishing & nurturing child But now a days working mother &women empowerment have deprived children from this . Thus now it is to be under taken by committed NGO & social organization. Perhaps compulsory such awareness programme need to conduct.

Right to information Act 2005

Certain suggestion to amend the act under section 25 (g) of the act.

1 In the preamble Rather than " to provide for furnishing certain information to citizens"
Be amended as "people"
As the word citizen restrict rest of the people who are not citizens from Seeking information. Also this will be in consonance with the provision
under section- 6
5 Section 5(2) Provided that where an application for information or appeal is given to central Asst. PIO or State Asst. PIO -
the words Central PIO or State PIO other than designated PIO for particular information in particular public authority should be inserted before central or state APIO.

When 5 days grace period is permissible in case of application made to
APIO why not in case application made to other PIO.
6 Section 6 (1) - after "A person who desires to obtain information" words including an appeal should be inserted.
7 Section 6 (4) may be inserted as " if applicant is seeking information of more than one public Authority, on transfer under section 6(3) shall pay prescribed application fee within 7 days to such Public Authority within 7 days of intimation of transfer of request. Failing which it will be treated as withdrawn.

As every application should be with fee . An appeal made under this act is also separate application there for it should not be free. while applicant may seek info under one P.A. of as many PIO but not in one application of many public authority. This will also simplify the disposal procedure within time limit. Applicants bona fide can also be ensured.
5 Under section 8 (j) After “ Information which relates to personal information”
Following provision may be inserted. “ Except statutory information or details furnished by any person or body to the public Authority to fulfill legal obligations”

As any information provided to fulfill legal obligation to the P.A. Can not be
categorized normally as personal info. Thus to avoid inevitable disputes of
appeal or cases of denial & ultimately to maintain the spirit & provisions of
the act.
6 In section 11(4) following may be inserted after the words “under section 19
against the decision.” And in such event PIO will not disclose such information for the period of appeal i.e. for 30 days from the date of intimation notice of overruling objection raised by third party to him/her to facilitate the third party to prefer an appeal. Appellate Authority may grant interim stay or reject the appeal in such case.

As there is no provision to protect the interest of third party in the event of not
acceptance of objection by PIO. IF THIS PROVISION IS NOT INSERTEDTHERE IS NO USE OF APPEAL BY THIRD PARTY ONCE INFO IS DISCLOSED BEFORE THE DISPOSAL OF HIS/HER APPEAL.
7 In section 19(1) after “Prefer an appeal “ following should be inserted.
“Accompanying such fee as may be prescribed.”

To ensure bona fide appeal this becomes necessary.
8 In section 20 This may be inserted as 20(3)

Any public authority who has violated the any provision of section 4, 5, 25 or 26 And also any first appellate authority who has violated the provision of section 19(6) or without applying principles of natural justice or good faith
disposed off the appeal or upheld the decision of PIO to deny the information or refusal of application in any way without proper justification provided under the act may be penalize as per the provision stipulated in section 20 by the central or state information commission by following the procedure laid down under section 20.

As penultimate provision for Public Authority under section 19 & for PIO & deemed PIO under section 20 have been made for the reasons mentioned there in but not for the rest. While there is no such provision for First appellate Authority under the act. To ensure spirit & provision of the act & scrupulous implementation of the act the officer senior in rank of PIO should also be held responsible.

Chapter 6
Conclusion & suggestions.

Case study reveals that SURAT municipal corporation is succeeded in displaying on web site up to major extent. Out of 17 manuals

(ii) the powers and duties of its officers and employees;

(iii) the procedure followed in the decision making process, including channels of supervision and accountability;

(iv) the norms set by it for the discharge of its functions;

(v) the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions;

Are partially displayed.
In manual 2 duties & job descriptions of subordinate staffs for remaining departments need to display.
In manual 3 most of the departments have displayed channel of supervision but accountability from citizen charter point of view that is time to supervise & dispose off is yet to put up.
In manual 4 norms set by it for discharge of it’s function is put up to very little extent. That need to put comprehensively.
While in manual 5 entire record rules of way back 4 decades ago has been put up. But it does not indicates actual records held by PIO or public authority. It just indicates which record is to be maintained, that is also of prior to four decades situation. After forming rules in 1966 many changes are witnessed right from conversion in Municipal Corporation to expansion of city almost five times. In context to 74th constitutional amendment new parameters are included in local self governance functioning, right from revenue to expenditures, public private partnership concept, new projects etc need to update record list & accordingly actual record held need to display.
So far as publication of manuals are concerned as pointed out by nodal officer & deputy municipal commissioner that is under process.
Rest of the manuals are put on web satisfactorily. While in some of the cases it is beyond what act says. As SMC has a web site of more than 1000 pages it contains much many information people may access spontaneously. It is praise worthy. For the E. governance SMC has in account couple of national awards too.
Effort of SMC to put kiosk on civic centre for the public especially those who could not use internet is certainly admirable in the context of section 26 to maintain spirit & intention of the act.
Initiative of mobile governance information system is even step ahead of E. governance which is right now at initial stage of couple of banking facilities only.
Publicity & campaign for RTI & to make aware people through digital display board across the city is the step in right direction. Very few Public authorities might have done.

Status of RTI requests & appeals received & disposed of SMC is as under

YEAR PIO Appellate
Authority No. of requests
accepted Request disposed No. first
appeals Disposal
05 --07 18 1 974 775 103 85
08--09 25 3 2934 2288 427 412
09--10 28 3 6366 4903 463 463

If looked at feed back received from applicants :-
They have also tick marked to more than one options.
So far as How they came to know about RTI
42% said SMC publicity & advertisements While 35% contribute it to media, 10% gave credit to Television & local channels While rest said through NGO

Regarding kind of information sought :
50% said pertains to citizen charter,39% said pertains to grievance not redressed, equity before law not maintained along with statutory public service related matters including civic services not provided.. 21% accepted of seeking information related to third party.
Almost 43% accept to be satisfied with the information given by PIO While equal Number said not satisfied. But 14% gave mixed response.
In case of dissatisfaction regarding information provided by PIOs
45% assigned the reason providing information late.
54% said information was not provided to them. As they have opted multiple options here also 43% said they were denied the information by PIO showing excuse of record not available.
7% said PIO s were failed to reply all their questions.
While 21%said that they were asked to inspect the record & get the copies
Number of applicant ions denied invoking various exemptions under the act shown by applicants in feed back in terms of percentage is 25.
So far as first appeal order process evaluation is concerned by the applicants 29% expressed pleasure While 32% shown dissatisfaction, & 7% gave mixed response.
On asking to specify the factors for displeasure towards first appellate officer’s order 25% said F.A.A. has upheld the decisions of PIO While 32% said their appeal was partly allowed by F.A.A.
On asking to give overall rating of implementation of the act in SMC 36% rated very good, While 11% opted for good. 22% said it is satisfactory & 29% opted for not satisfactory performance.
If summarized overall performance evaluation by the applicants in their feed back just 29% are dissatisfied which indicate that 71% are happy with the performance of SMC.
It is also pertinent to note here that out of more than 60 forms sent to various applicants through civic centers of SMC only 28 has preferred to give feedback rest desisted from such exercise. Even on approaching couple of repeated applicants to give feedback they categorically replied verbally that they don’t wish to give as out of couple of requests some reply are they do not find satisfactory. Thus applicants who wish desired reply or redrassal of grievance & that has not been materialized they have given either negative feedback or opted not to give feedback. Thus feedback of the applicant on sample basis can not be generalized. It is also note worthy that disposal data availed from the computer programme of SMC which statistics are sent to state are considered more reliable because that covers the details of all applications.

If evaluated, mix response is given by the applicants. Many of the applicants have accepted showing display board & digital sign board Thus publicity make by SMC. Majority of the applicants shown satisfaction While in case of some they have shown dissatisfaction towards manipulated reply. Actually all the applicants feed back if compared with the record, majority of applicants are desiring the reply of their wish. Grievance redressal, expectation is high etc are the cause for dissatisfaction.
If looked at the feed back of functionaries:-

PIO have tick marked in multi options where ever more than one option consisting applications are received.
Kind of applications received by PIO in terms of percentages if summarized:
more than 50% consist of civic services & non redressal of grievances.
25% belongs to citizen charter
rest 25% consist of enforcing accountability & transparency, equity before law not maintained & obligatory duties & public interest related.
All these includes 38% third party information & seeking information of very old record.
While so far as PAD Is concerned 75% have accepted that record held is not displayed which includes 56% citizen charter related matter not displayed.
Almost 19% accepted that details of organizations, concessions & permits , channel of supervisions is not displayed, While 31% said list of beneficiaries is yet to be completed.
So far as delayed disposal reasons are concerned 63% have said that past record is not available is one of the prime reasons. Which includes 50% applications seeking voluminous records. 44% shown the reasons of staff crunch, while 19% rated to laziness of staff.
One of the question pertains to observations of abuse of law 56% said in the name of BPL seeking voluminous record & applications seeking multiple questions. Rest 40 includes such applicants who later withdrew applications for other work or repeated applications to get desired reply.
It is also pertinent to note that verbally while in interactions many of the PIO categorically said that one of the prime reason for late disposal is number of parallel duties assigned to the staff & officers like census, election work, state functions, celebrations of various occasions announced by state government or authorities etc apart from their regular duties, which directly affect adversely to timely disposal of RTI applications.
Even in their suggestions they have emphasized for regular staff be deputed for RTI applications accompanied by regular training. With that they have expressed the opinion of curbing the menace of applications seeking multiple authorities information in the single application to prevent delay to transfer to number of authorities.

Thus majority of all PIO are unanimous in late disposal reasons i.e.,. multiple transfer, Staff crunch & seeking voluminous information by the applicants.

All have accepted the need to strengthened proactive disclosure,& up to major extent that has been done as said by all. So far as RTI training is concerned they are satisfied with it. & the efforts made by SMC are certainly in consonance with the provisions.
Almost all PIO’s have express worry towards applicants with ulterior motive. Otherwise by & large all PIO’s performance is satisfactory. If compared to national statistics the performance of SMC PIO is far better.
Most of the PIO in their feed back have categorically said that personal information & third party information need to be clarified more. Even municipal commissioner has also expressed similar view.
If same is compared with the actual record & data availed from SMC:-

90% applications satisfactory disposal at PIO level is sure good sign of positive attitude of SMC towards RTI act. Out of total 14977 total requests so far only 139 are rejected thus just 1% of total requests.
Even in first appeal also out of 1409 294 i.e. 20% are dismissed while 80% first appeal orders are in favor of applicants. Even in case of dismissed appeal either applicants have received the reply while appeal or their persistence to provide information creating the information only is not sustained. This is corroborated by the orders of state information commissions in second appeal in which none of the first appeal authority order is flayed or overruled. Only one case of penalty that is also for delay after first appellate orders on the part of PIO to implement has been noticed. Thus even at first appeal majority decisions are in favor of applicants this shows affirmative attitude towards act by SMC.
Though just one month applications i.e. more than remained pending as backlog but looking to spirit of the act that also need to streamline to zero level backlog.
This is quite not easy considering flow of applications & multiple transfers but with gradual efforts SMC can achieve this feast too.
SMC is a step ahead in submitting periodical information regularly to state & information commission. Software programme developed by SMC for RTI to enter every request right from receipt to final disposal & auto generated reports, to review it periodically & remind the PIO & functionaries is simply exemplary showing others to follow the path.
All first appeal orders are at the end of quarter put on web site of SMC. Which many few public authorities except Information commissions are used to is certainly guiding for others. Even if referred the orders made by first appellate authority some of them are in context to preamble of the RTI act, some with reference to section 4 c & d i.e. public consultation &right to know the policy changes or affected person &some in context to section 25 & 26 to maintain spirit & intention of the act are worth appreciable because ordinarily these kind of orders are issued by judicial l or law interpreting authority ¬ at subordinate level.

FEW SUGGESTIONS:-

Right to information act is major break through in public governance.
The Father of Nation Gandhiji had quoted that "The real Swaraj will come not by the acquisition of the authority by a few, but by the acquisition of the capacity by all to resist when abused."
Nobel Laureate Neil Bohre had said - "Secrecy is best weapon of dictatorship & openness should be best weapon of democracy."
After 58 years of independence & 55 years of republic India this act has realized people of India true independence & republic.
Of course constitution is enacted, adopted & gave by people of India narrating people supreme in democracy but RTI has realized people of India in true letter & spirit when common man became such a power full person to question how so ever big authority to justify it’s decision.
Good governance also demands that there should be transparency, accountability, responsiveness, equity and inclusiveness. & RTI act is the step towards it in absolutely in right direction.
But get the fruits of the act, to implement the act in true letter & intention, mind set of bureaucrats to people need to change. As quoted

When we are no longer to change the situation we are challenged to change ourselves.
Soul searching, & to act as per conscious.
To go with the content of the act not intent.
Have positive attitude & treat applications under RTI to evaluate/ introspect to improve.
RTI to be treated as third party inspection, rather than complex towards it.
Facts came to notice under RTI act to the authority should always be treated as public evaluation of functioning of authority & public authority should sportingly snatch the opportunity to introspect.
People should use the act with sporting spirit & not with any ulterior motive. This kind of negativity from the mind of peop0le should also need to change. Practice of such applicants should be discouraged by RTI activists & NGO too to maintain morale of administrators.

74

To revoke illegal, arbitrary public posts of Deputy municipal commissioners of Surat & direct the SMC to fill on merit

2011-07-23T01:44:00.000-07:00

I tried my level best efforts to bring in transparency & accountability in case of wrong decision on the part of administration. In reference to my post named why urban local bodies failed, I tried to represent the case at apex authority too in following manner.
I humbly submit with an enclosures of my previous mails sent to secretary urban & legal department of state of Gujarat. Still no response received. My humble request is to her Excellency governor is that when governance of state is in the name of governor how king can do wrong. I mean to say once issued notification in the name of governor is grossly violated by other. Please refer my mails & direct all concerned authorities to deliver justice before irreparable loss occurred to genuine citizens.
Pl. refer my mail. Dated 13th July2011 & 19th July 2011.

State of Gujarat & urban development ministry has also erred in passing resolution dated 8th June 2011 promoting unqualified persons as deputy municipal commissioners of Surat.
When state or any public department is insisting no inquiry certificate even for deputation rather it is inevitable for every recruitment or promotion though in this case without any such clearance UDD & state has passed resolution which it self illegal.. As per I information availed under RTI THEY ARE NOT IMMACULATE. Rather their dubious roles in public governance can be established on the basis of documents available..
Prima facie it is absolute case of non transparent unaccountable & irresponsive decision. If compared with the case of EX. CVC THOMAS, There for again requested to restrain board of SMC to proceed further in ratifying & withdraw the ultra virus so called promotion appointment. Else it is fit case of quo warranto writ under 226 & we will be compelled to resort to honorable high court in the days to come.

please refer my mail dated 13th July 2011.

No any actions are initiated. Meanwhile standing committee of surat municipal corporation has taken note of it & now it is listed on the agenda of general board to take note pass with reference to Urban development ministry of Gujarat state resolution dated 8th June 2011 Which itself is illegal, ultra virus, arbitrary, in violation of constitutional provisions enshrined under article 14, 15, 16 along with in gross violation of provisions of BPMC act 1949 section 45, 53 & rules under chapter 3.
The grounds are
1/ UDD has referred for up gradation of posts of two Asst. municipal commissioners with names, in context of administrator’s proposal of 1995 But out of both of the AMC none was on the post of AMC in 1995. it was for different officers who all three are retired now.
2/ There is no provision of promoting any officer of section 45 of the BPMC Act under entire act or rules.
3/ Section referred by said resolutions are 45(2) & (3) which provides for creation of posts of DMC & AMC & sanction of state respectively. Up to the extent it is O.K.
4/ Said resolution has used the word on “promotion” actually neither under entire section 45 or chapter 3 promotion word is there. In actual practice on up gradation of posts it becomes incumbent on the part of corporation who is appointing authority to fill the posts. But state & UDD has deprived the corporation to do so.
5/ If referred the letter of commissioner of 2010, out of numbers of applications received by corporation for the posts of deputy municipal commissioners in which these two are candidates only two names sent by commissioner which clearly indicates lack of transparency, accountability & responsiveness on the part of public officer. Thus shows nepotism, favoritism & influencing act, tantamount to corruptive practice up to the extent.
6/ Resolution of UDD state of Gujarat itself is in violation of it’s own notification dated 4th Jan 2010 in which it has prescribed qualifications & recruitment rules under section 45 & chapter 3 of BPMC Act By which degree of Law Is made mandatory for these posts though state vide it’s resolution of 8th June 2011 appointed by promotion to one of the candidate as deputy commissioner. When rules are already in operation how state can do so? It has said that KING can do no wrong but here king has done wrong.
7/ How state can favor only two candidates one of whom is not possessing bare minimum qualification leaving numbers of meritorious already applied & in queue?
8/ It is also pertinent to note that state is not appointing authority. it is corporation. Then how state can appoint / Question of promotion does not arise.
Looking to the facts again you are kindly requested to withdraw said illegal, arbitrary, unauthorized resolution up to the extent of promotion & appointment & restrain corporation of surat from taking note or approving it. Rather direct the corporation to fill the upgraded POST on merit immediately out of applications received. Otherwise not only irreparable loss & permanent injustice will be meted out to deserving & meritorious candidate but also to the public administration & good governance.

Sir
please look in to the facts narrated bellow. I as not only citizen of India but also as aggrieved party being most deserving candidate request your Goode self to go through the entire episode, take prompt actions ,rectify the wrong doing & make transparent appointment of right person on right job in the best 4th constitutional amendment & autonomy of ULB too. interest of not only state but also urban Local body too. As it is violative of
1. Surat Municipal Corporation is a local self Government and Urban local body under the constitution provision of article 243. Therefore it is state under the article-12 of the constitution of India .
2. As per the provisions of B.P.M.C Act 1949 under section 45, provision is made for municipal officer & servant & their appointment & their service. Under section 45(2) Corporation may from time to time at the approval of State Govt. create an appointment of Dy,Municipal Commissioner or Asst. Municipal Commissioner. Provision also says that “Corporation may appoint a fit person or fit persons to such appointments.
3. Method of appointment as provided under Chapter-3 of Annexure-A of the B.P.M.C. Act 1949 provides “No person shall be appointed to any of the post. The power of appointment to which vest in the corporation unless he possesses the qualification prescribed in this behalf under Rule-3.
4. Rule-3 categorically says that such qualifications will be in the approval of the State Govt. who may in granting such approval such modification in or addition to the qualification prescribed by the Corporation as it deems fit.
5. Powers to make such rules are given to the Corporation under section 457 (3) of the said Act which are subject to section 454 of the said Act. It also provides that power to make, add to, alter or rescind any rule under section 454 shall be subject to the sanction of the State Govt. which further provides under section 455(2) that all rules made under section 454 shall be finally published in official gazette and shall there upon have effect as narrated in this act.
6. As per the above narrated provisions Surat Municipal Corporation had prescribed the qualifications for the post of Dy.Commissioner and Asst. Commissioner vide General Board Resolution No.579/08 dtd.29/8/08 . By said resolution Corporation of Surat had created 3 posts of Dy.Commissioner and 8 posts of Asst. Municipal Commissioner, apart from 1 post of Dy.Commissioner to be filled on deputation. In response to S.M.C.'s such proposal, State of Gujarat - Urban Ministry had sanctioned all posts of Dy.Commissioner and Asst. Commissioner proposed by S.M.C. but invoking powers of State Govt. under Rule Chapter-3 of Schedule-A of the said act accompanied with the provisions of Section-455 (1) modified and altered the qualification of both the posts by making law graduation mandatory apart from qualifications proposed and sanctioned by Surat Municipal Corporation. General Board vide its resolution No dtd. 4/1/10.
7. Subsequently under provision 45 accompanied with provision of Chapter-3 of Schedule-A all the posts were to be filled by the Corporation. Corporation had invited applications vide advertisement dtd.29.12.08 but no actions were initiated to recruit a fit person on the sanctioned posts until now.
8. Under provision 45(6) in default of an appointment being made by the Corporation under sub-sec. (5) State Govt. may appoint a fit person to fill the vacancy but the same has not been done until now.
9. Mean while as per the local media report has been came to the notice that repeated efforts were made by Municipal Commissioner and not by the Corporation of Surat to alter the recruitment rules and qualifications approved by the State of Gujarat vide its Resolution dtd. 4.1.10 especially for the post of Dy.Municipal Commissioner, but fortunately State of Gujarat till date remained firm to stick the qualifications approved by State.
10. Mean while another development came in the form of up gradation of existing 2 posts of Asst. Municipal Commissioner (F) and Asst. Municipal Commissioner to upgrade it as Deputy Municipal Commissioner, which was in response to Corporation's proposal to upgrade both the posts way back in 2005 as per knowledge available from sources. On up gradation of the post by State under section 45(2) of B.P.M.C. Act it becomes incumbent on the part of S.M.C. to fill both the posts following the procedure laid down under section 45 (1) to (7) along with provisions of rule under chapter-3 of Schedule-A. But no such procedure has been initiated. Rather both directly appointed as Deputy Municipal Commissioners which itself if challenged may be proved ultra virus act, In the case of any appointment made by other than appointing authority i.e. general board.
11. Even if appointment is to be made of a fit person on the upgraded post procedure of the regular recruitment, specifically provided under Rule-2 of Chapter-3 of the B.P.M.C. Act by mode of chapter proviso need to be scrupulously followed. Thus Proposal must be moved to the General Board who is a appointing authority for making such appointment amongst fit persons possessing required qualifications as per the Section 457 and as sanctioned by the State Govt. under section 455.
12. If look at existing provisions as stated in Para 11 Law Graduation is mandatory though one of them is being appointed as Deputy Municipal Commissioner who is not possessing the degree of law graduation till date. Thus both the deputy municipal commissioners appointed cant be said without force of law? If it is so, tantamount to revocation of such appointment ab-intio.
13. It is also pertinent to note that the invited applications to recruit the posts of Dy. Municipal Commissioner & Asst.Municipal Commissioners are still pending as per knowledge which are prior to up gradation of posts, though without processing earlier applications, cant' be said illegal appointment to two persons on two up graded posts of Dy. Municipal Commissioners? which is later development. If it is such rule of first in, first out is also not followed here.
14. It has also been noticed that out of sanctioned various posts of Dy. Municipal Commissioner, Asst. Municipal Commissioner, Addl. City Engineer etc. efforts were made to fill up post of Addl. City Engineers in the year 2010 for 4 posts while rest of the vacant posts, charge were given to 3 Junior Officers who were not in the list of scrutiny for selection of posts as per available information’s.
15. It is also pertinent that as seems from entire details deliberately no such move initiated regarding posts of Dy. Municipal Commissioner & Asst. Municipal Commissioners. Also no efforts to fill the post of ARO for which law graduation is compulsory. Rather than filling the posts it is preferred to give charges beyond sanctioned schedule posts to the officers who are not possessing minimum recruitment qualifications prescribed for the posts.
16. Looking to all the facts narrated above does not it appears clear case of quo- warranto writ petition on following grounds?
(1) Given appointments to two persons on the posts of Dy. Municipal Commissioners without following due procedure is itself ultra virus, arbitrary, capricious, illegal and void ab- intio
(2) Posts are upgraded but if State of Gujarat has not promoted two persons holding the post of Asst. Municipal Commissioner. than it can be said arbitrary and illegal.
(3) General Board is appointing authority. So in case of appointment by other than it prima fasci it may be ultra virus. Does not it appears from entire exercise that if it is so, it is broad day light assassination of democratic decentralization? treating Surat Municipal Corporation as fiefdom?
(4) Does it not seems that it is an intentional effort to accommodate unqualified, unfit Jr. Officers on the higher post to serve vested interest?

Why democratic decentralisation as enshrined in 74th constitutional amendment fails in urban local bodies. A case study

2011-07-07T07:21:00.000-07:00

1. Surat Municipal Corporation is a local self Government and Urban local body under the constitution provision of article 243. Therefore it is state under the article-12 of the constitution of India.

2. As per the provisions of B.P.M.C Act 1949 under section 45, provision is made for municipal officer & servant & their appointment & their service. Under section 45(2) Corporation may from time to time at the approval of State Govt. create an appointment of Dy,Municipal Commissioner or Asst. Municipal Commissioner. Provision also says that “Corporation may appoint a fit person or fit persons to such appointments.

3. Method of appointment as provided under Chapter-3 of Annexure-A of the B.P.M.C. Act 1949 provides “No person shall be appointed to any of the post. The power of appointment to which vest in the corporation unless he possesses the qualification prescribed in this behalf under Rule-3.

4. Rule-3 categorically says that such qualifications will be in the approval of the State Govt. who may in granting such approval such modification in or addition to the qualification prescribed by the Corporation as it deems fit.

5. Powers to make such rules are given to the Corporation under section 457 (3) of the said Act which are subject to section 454 of the said Act. It also provides that power to make, add to, alter or rescind any rule under section 454 shall be subject to the sanction of the State Govt. which further provides under section 455(2) that all rules made under section 454 shall be finally published in official gazette and shall there upon have effect as narrated in this act.

6. As per the above narrated provisions Surat Municipal Corporation had prescribed the qualifications for the post of Dy.Commissioner and Asst. Commissioner vide General Board Resolution No.579/08 dtd.29/8/08 . By said resolution Corporation of Surat had created 3 posts of Dy.Commissioner and 8 posts of Asst. Municipal Commissioner, apart from 1 post of Dy.Commissioner to be filled on deputation. In response to S.M.C.'s such proposal, State of Gujarat - Urban Ministry had sanctioned all posts of Dy.Commissioner and Asst. Commissioner proposed by S.M.C. but invoking powers of State Govt. under Rule Chapter-3 of Schedule-A of the said act accompanied with the provisions of Section-455 (1) modified and altered the qualification of both the posts by making law graduation mandatory apart from qualifications proposed and sanctioned by Surat Municipal Corpn. General Board vide its resolution No dtd. 4/1/10.
7. Subsequently under provision 45 accompanied with provision of Chapter-3 of Schedule-A all the posts were to be filled by the Corporation. Corporation had invited applications vide advertisement dtd.29.12.08 but no actions were initiated to recruit a fit person on the sanctioned posts until now.

8. Under provision 45(6) in default of an appointment being made by the Corporation under sub-sec. (5) State Govt. may appoint a fit person to fill the vacancy but the same has not been done until now.

9. Mean while as per the local media report has been came to the notice that repeated efforts were made by Municipal Commissioner and not by the Corporation of Surat to alter the recruitment rules and qualifications approved by the State of Gujarat vide its Resolution dtd. 4.1.10 especially for the post of Dy.Municipal Commissioner, but fortunately State of Gujarat till date remained firm to stick the qualifications approved by State.

10. Mean while another development came in the form of up gradation of existing 2 posts of Asst. Municipal Commissioner (F) and Asst. Municipal Commissioner to upgrade it as Deputy Municipal Commissioner, which was in response to Corporation's proposal to upgrade both the posts way back in 2005 as per kwowledge available from sources. On up gradation of the post by State under section 45(2) of B.P.M.C. Act it becomes incumbent on the part of S.M.C. to fill both the posts following the procedure laid down under section 45 (1) to (7) along with provisions of rule under chapter-3 of Schedule-A. But no such procedure has been initiated. Rather both directly appointed as Deputy Municipal Commissioners which itself if challenged may be proved ultra virus act, In the case of any appointment made by other than appointing authority i.e. general board.
11. Even if appointment is to be made of a fit person on the upgraded post procedure of the regular recruitment, specifically provided under Rule-2 of Chapter-3 of the B.P.M.C. Act by mode of chapter proviso need to be scrupulously followed. Thus Proposal must be moved to the General Board who is a appointing authority for making such appointment amongst fit persons possessing required qualifications as per the Section 457 and as sanctioned by the State Govt. under section 455.

12. If look at existing provisions as stated in Para 11 Law Graduation is mandatory though one of them is being appointed as Deputy Municipal Commissioner who is not possessing the degree of law graduation till date. Thus both the deputy municipal commissioners appointed cant be said without force of law? If it is so, tantamount to revocation of such appointment ab-intio.

13. It is also pertinent to note that the invited applications to recruit the posts of Dy. Municipal Commissioner & Asst.Municipal Commissioners are still pending as per knowledge which are prior to up gradation of posts, though without processing earlier applications, cant' be said illegal appointment to two persons on two up graded posts of Dy. Municipal Commissioners? which is later development. If it is such rule of first in, first out is also not followed here.

14. It has also been noticed that out of sanctioned various posts of Dy. Municipal Commissioner, Asst. Municipal Commissioner, Addl. City Engineer etc. efforts were made to fill up post of Addl. City Engineers in the year 2010 for 4 posts while rest of the vacant posts, charge were given to 3 Junior Officers who were not in the list of scrutiny for selection of posts as per available informationas.

15. It is also pertinent that as seems from entire detils deliberately no such move initiated regarding posts of Dy. Municipal Commissioner & Asst. Municipal Commissioners. Also no efforts to fill the post of ARO for which law graduation is compulsory. Rather than filling the posts it is preferred to give charges beyond sanctioned schedule posts to the officers who are not possessing minimum recruitment qualifications prescribed for the posts.

16. Looking to all the facts narrated above does not it appears clear case of quo- warranto writ petition on following grounds?

(1) Given appointments to two persons on the posts of Dy. Municipal Commissioners without following due procedure is itself ultra virus, arbitrary, capricious, illegal and void ab- intio

(2) Posts are upgraded but if State of Gujarat has not promoted two persons holding the post of Asst. Municipal Commissioner. than it can be said arbitrary and illegal.

(3) General Board is appointing authority. So in case of appointment by other than it prima fasci it may be ultra virus. Does not it It appears from entire exercise that if it is so, it is broad day light assassination of democratic decentralization? treating Surat Municipal Corporation as fiefdom?

(4) Does it not seems that it is an intentional effort to accommodate unqualified, unfit Jr. Officers on the higher post to serve vested interest?

crusade against corruption

2011-04-09T08:03:00.001-07:00

crusade against corruption
Win of Anna & team may be at the instance of government. As without it's political will this would not have been possible that much speedy. People are thinking scams are more during current government but scams & scandals are not new in governance especially in India since independence.
But during last five years scams are exposed more. Thanks to RTI Act.
Even Anna's team win may be at the instance of government considering compulsions of coalition government of UPA. If this kind of agitation is given green signal than that may be easy to pass in parliament. As after this much fanfare none of the political party can resist or desist from such bill to pass. that is politics & remedy to coalition compulsion too.

implementation of RTI ACT IN smc

2011-04-09T00:13:00.000-07:00

APPLICATIONS RECEIVED & DISPOSED

 YEAR RECEIVED DISPOSAL AVERAGE
 05-07 974 775
 07-08 1595 1283 132 P.M.
 08-09 2934 2288 244 P.M.
 09-10 6366 4903 530
 10-11 3336 2210 556
(up to sept.)
 TOTAL 15205

FIRST APPEALS RECEIVED & DISPOSED

 YEAR RECEIVED DISPOSAL AVERAGE

 05-07 103 103
 07-08 209 209 17 P.M.
 08-09 427 427 35 P.M.
 09-10 463 463 38
 10-11 207 207 34
(up to sept.)
TOTAL 1409
IN 09-10 FIRST APPEAL 8% TOTAL REQUEST
IN 10-11 6.2%
OVERALL LESS THAN 10%

SECOND APPEALS

 UP TO SEPT 2010 -111 CASES REPORTED FOR SECOND APPEALS AS PER REFERENCE OF STATE COMMISSION
 THUS LESS THAN 10% OF 1409 FIRST APPEAL & LESS THAN 1% OF TOTAL APPLICATIONS 15205
REJECTION
 139 SO FAR OUT OF TOTAL 15205
 THUS LESS THAN 1 %
 IN 09-10 OUT OF 6366 -65 CASES
 SECTIONS INVOKED- 8(1) G DANGER TO LIFE & LIBERTY,
 (H) IMPEDE PROCESS OF INVESTIGATION
 (J)PERSONAL INFO/(A) SOVEREIGNTY OF COUNTRY/
 PRIVILEGE OF PARLIAMENT/
 SECTION 11 THIRD PARTY & IN SOME NON AVAILABILITY OF RECORD
DISPOSAL

 FULLY PROVIDED RANGE FROM 60%
 TO 92% FOR DIFFERENT PIOs
 TIME BAR DISPOSAL APPRO. 20%
 PENDING 1 TO 3%
 ALL APPEALS ALMOSDT DISPOSED OFF WITHIN 45 DAYS
 OUT OF 1409 - 294 FIRST APPEALS DISMISSED I.E. 20% DUE TO EITHER INSISTENCE OF GRIEVANCE REDRESSAL OR PROVIDE INFO MATERIALY NOT AVAILABLE. THUS 80% IN FAVOUR OF APPLICANTS
KIND OF APPLICATIONS IN 09-10

 KIND NUMBERS %
 ILLEGAL CONSTRUCTION 1919 30
& PLAN PERMISSION
P.TAX &ASSSTMNT 309 5
BIRTH & DEATH REG. 95 1.5
SHOP REG.& FOOD LICENCE 302 5
CIVIC SERVICES 328 5
STAFF RELATED 397 6
RESOLUTION,PRAPOSAL 152 2.5
MISC. 2864 45

Price water house coopers report 2009

13% rural & 33% urban people are aware of the RTI Act
12% & 26% women respectively.
26% applicants had to repeatedly visit office to submit RTI applications.
47% said no sign boards of publicity & awareness or basic info.
89% PIO NOT USING PROVISIONS OF INSPECTION

75% APPLICANTS DISSATISFIED WITH INFO GIVEN.
38% PIO SAID RECORD MANGEMENT IS NOT EFFECTIVE.
43% PIO NOT AWARE OF RECORD MANAGEMENT GUIDELINES
45% SAID NOT IMPARETD TRRAINING
45% & 39% RESPECTIVELY NOT AWARE OF PAD & JUDGMENTS UNDER RTI
1% of fund recommended to utilize for record management training & awareness

EFFORTS BY SMC TOWARDS PUBLICITY & TRAINING & PROACTIVE DISCLOSURE

 AT ON SET TRAINING TO ALL PIO & ZONE STAFF IN 2006
 IN 2007 & 2010 TRAINING TO ALL PIO & APIO THROUGH SPIPA FACULTIES
 IN 2010 TRAINING TO PUBLIC AT AUDITORIAUM
 DISPLAY HIOARDINGS/ BANNERS & BOARDS CONTAINING INFO OF ACT AT 15 PLACES & ZONE OFFICES WITH GRANT OF STATE OF GUJARAT THROUGH SPIPA
 EXCEPT COUPLE OF JOB DESCRIPTIONS/STAGES OF WORK DISPOSAL,
 NORMS,& CITIZEN CHARTER FOR SOME OF THE DEPARTMENTS &
 RECORD HELD
 REST OF ALL MANUALS ARE DISPLAYED
 A STEP AHEAD SOME OF THE INFO LIKE BIRTH/ DEATH/ SHOP REGISTRATION/ PROPERTY TAX HAS BEEN PUT ON KIOSK AT 7 CIVIC CENTRES
 MOBILE GOVERNANCE FOR P. TAX INITIATED. LOOKING TO 60% POPULATION OF INDIA & 70 CRORE USERS IT IS STEP IN RIGHT DIRECTION
 THUS IT IS IN CONSONSNCE OF PROVISION OF TRANSPARENCEY WHEN ONLY 7% NET USERS ARE THEIR ACROSS NATION
 KIOSK CAN SERVE BEST OPTION FOR ACCESS OF INFO UNDER PUBLIC DOMAIN.
FEED BACK OF applicants

 42% said came to know about act through SMC publicity including scroll at digital display board at conspicuous places
 50% SEEKING INFO OF CIVIC SERVICES & CITIZEN CHARTER
 39% SAID OF NON REDRESSAL OF GRIEVANCE

FEED BACK OF PIO

 45% SAID REASON OF APPEAL DELAY IN PROVIDING INFO
 EQUAL No. said denial is the reason
 36% said implementation by smc VERY GOOD
 11% SAID GOOD
 22% SATISFACTORY THUS 71% QUITE HAPPY
 29% REPLIED NON SATISFACTORY

WHY WE NEED AN RTI ACT TO SUSTAIN & STRENGTHEN

2011-04-09T00:01:00.000-07:00

INDIA IS AMONGST LAST 100 LEAST CORRUPT COUNTRIES OUT OF 178 AS PER TRANSPARENCY INTERNATIONAL REPORT.

INDIA IS AMONGST LAST 50 NATIONS OUT OF 178 IN HUMAN DEVELOPMNET INDEX.
HEALTH/EDUCATION/BASIC AMENITIES MALNUTRITION- CALARIE CHILD TO YOUTH 800 TO 1700 ADULT 2200 TO 2700 not to be accessed
RECENT FEW EXAMPLES

COMMAN WEALTH GAMES 2010 -70,000 CRORE SCAM
1.76 LAKH CRORE 2 G SPECTRUM TELECOM SCAM- CORPORATE MEDIATOR LIKE NEERA RADIA, MEDIA BARON LIKE VEER SINGHVI, BARKHA DATT,S INFLUENTIAL ACTS.
MUMBAI ADARSH SOCIETY SCAM OF ALLOTING FLATS MEANT FOR WAR PERSONNEL WIDDOW TO INFLUENTIAL PEOPLE FROM POLITICAS & BUREAUCRACY.

NAREGA SCEME CAG REPORT SAY 40% CORRUPTION OR MANIPULATION
JABBARDAN GHADHVI RTI APPLICANT SELF IMMOLATED AT RAPER- HALF DOZEN OFFICERS SUSPENDED- LAND RECORD OF 55 TO 05 SOUGHT
AMIT JETHVA MURDERD AT AHMEDABAD HIGH COURT FOREST LAND INDUSTRIAL USE INFO.
APPOINTMENT OF CVC THOMAS & JUDICIAL INTERVENTION
INFO COMMISSION MUMBAI TIWARI SUSPENDED DUE TO INVOLVEMENT IN ADARSH SCAM
MADYA PRADESH IAS COUPLE AMMASED RS. 300 CRORES BEYOND KNOWN SOURCES OF INCOME
HASAN ALI CASE OF UNACCOUNTED MONEY OF FAMILY WORTH 71000 CRORES RS- ALMOST EQUAL TO GUJARAT STATE BUDGET & CENTRE’S FORTNIGHT BUDGET
BENEFITS / ADVANTAGES NOT REACHES COMPLETELY & TIME BOUND TO NEEDY OR FOR WHOM PRAPOSED.

SOME REASONS FOR RTI APPLICATIONS
LACK OF PAD / CITIZEN CHARTER
RECORD CLASSIFICATION & MAINTENANCE POOR
EQUITY BEFORE LAW ARTICLE 14 OF CONSTITUION NOT MAINTAINED
FIFO PROCEDURE NOT FOLLOWED
GRIEVANCE REDRESSAL NOT QUICK
PUBLIC DUTY NOT PERFORMED SCRUPULOUSLY

BEST OPTION
SOUL SEARCHING, ACT AS PER CONSCIOUS.
TO GO WITH THE CONTENT OF THE ACT NOT INTENT.
 HAVE POSITIVE ATTITUDE & TREAT APPLICATIONS UNDER RTI TO EVALUATE/ ITROSPECT TO IMPROVE .

Crusade against corruption & democracy

2011-04-08T23:10:00.000-07:00

Nexus of criminals, politicians & bureaucrats for vested interest or corruption in democracy is not less than dictatorship. rather it is disguise dictatorship. it is an essence of era & everybody's moral as well as civic du...ty to exorcise country from it & make the nation democrativ & republic in true spirit.

in the aftermath of curent centuary the most sought professionals required will be not technocrats or management consultant but sociologist, psycologist & psychiatrist, looking to the manner in which soceity is heading towards demoralised, corrupt, unethical & valuless materialistic world.

Congratulations for great win to entire team lead by ANNA, Arvind kjarival, Kiran bedi, Swami agnivesh, & Shanti Bhushan.it is first time after republic India wherein members of civil society will voice & participate in the enactment of law in our country, the largest democracy of world. Even after independence this is second such occasion after framing of constitution. Now we the people of India can claim true republic second time after republic India, first on implementation of RTI act & this one. Cheer up to our true democracy.

Deal with excess man power & incremental cotribution system refrom

2010-08-07T23:43:00.000-07:00

This is with reference to number of conciliation & labour cases undergoing before
Labour authorities wherein on an average 8 to 10 days each employee from at least each zone & from legal department total 8 to 10 Head clerk level or equivalent cadre employees are remaining present before competent authorities. I f calculated average salary of each around ` 1000/ for a month it may come out 80 thousand to a lakh just to remain present before authorities. Apart from that advocate engaged in each case to represent the case fee extra. If looked many of the cases pertains to reinstatement by daily wagers & some of them are even not sustainable at first instance Which can be dealt in by Asst. Labour Officer or Law officer without assistance of Advocate saving fees of advocate too.
Earlier it was decided to represent all the cases by Asst. labour officer in conciliation matters collectively while in the court matter that may be by Law officer/ municipal pleader or advocate if engaged.
Unfortunately it is not scrupulously followed. Resultantly rather than only Asst Labour officer & one of the Asst. Almost dozen employee remain out of office at the cost of regular work.
In the era of inflationary trend & increasing non plan public expenditure this certainly needs to be address to handle in more economical way.
Issue equally important pertains to taking incremental deposite in case of schemes not finalized.
Presently when asked for to deposit the amount which may be 25 to 30 thousand on an average, rather than paying the amount by individual property holder who have already availed either BUC or basic amenities like drainage, water etc abstain from paying deposit & either constructing without permission, or expanding existing structure. In the city like ours it is quite difficult to trace it out daily. Many a times this is might be happening
Under the knowledge of concerned staff or with their nexus.
As per the observation it is noticed that some times either our staff or architect are advising to put up a plan & construct the structure or extension without obtaining permission (Raja Chhithi)
Thus when ever asked for one can pay the penalty & regularize at the later stage.
If thought rationally when scheme is not finalized if one is paying this as deposit & on finalization one has to pay time gap may be 5 to 10 years. Calculative mind person will prefer to pay the penalty & regularize on finalization. This system needs to be reconsider. If in the cases where in basic amenities are there & the case of extension or within same society new structure is there deposit may be allowed to pay in installments of 10% every year or until the scheme is finalized & one is supposed to pay which ever occurs earlier.
While in the case of absolute new structure entirely where one has to obtain basic facilities permission fresh one may be asked to pay full amount in case of entire society / apartment , or mass units. While in case of individual property installment may be considered.
If adopted this may be more plausible, convenient & easy to both.
This certainly reduce the tendency of constructing without permission. Even illegal water & drainage connections may also be reduce. Gradually mind set of people can be changed to shift to legal way reducing corruption too.
My last issue is we had started intranet mail system but since long It is out of operation. This is good system of communication to even upper management innovative ideas
& suggestion s to reform. In past couple of months I had sent such including increment & fixatuion problems but that does not seemed to reach to U due to system failure.

city surve entry departmental system require reforms

2010-07-20T08:02:00.000-07:00

On applying to admit name in the property card of survey No. it has been experienced to run from pillar to post to get the entries done. When purchaser has legal registered documents with index though applicant is being asked to bring copies of previous couple of decades previous record i.e. certified copies from various government authorities which it self is tedious, complicated & gigantic task. Even to get such copies in time is not hassle free. Without expecting extra none government representative/ employee is willing to issue in time. It is astonishing that once registered document duly Non agriculture land declared by competent authority in due course & plan from local body is already passed though this kind of number of documents successor purchaser is compelled to bring is not in cons once with citizen friendly administration. Rather system should be whatever prima-facie legal document lies with purchaser produced & applied along with it rest of the documents should automatically be called by department internally from each other rather than seeking from applicant. Similar is the case fro passing of plan for construction or extension. Unfortunately government is not updating record on the basis of time to time registered documents successor purchaser is victims. These tendency keeps the scope of bribe & corruption. When we are talking of E. governance but these experience narrates opposite story. May I request your good self to look in to the matter to improve the system.

Electoral rolls updation system need to improve with commitment

2010-07-20T07:59:00.000-07:00

Regarding updating electoral rolls. On observation it is found that though of advance intimation to BLO in my society a/11 shri Ramkrishna Row house none had visited to show or to council
Not only that on visiting declared booth school tendency of the present staff was to come when any re4sponible is present on Dt. 17th july10.
Neither the staff present was willing to issue receipt of form received..
Even past experience says of number of persons that though they had given photo with id proof their name was not enrolled or photo was missing. When we are spending millions of Rs. For this kind of program if staff deputed or staff who recei9ve documents or applications are not committed or serious regarding their duties it is wastage of fund.
Previously also I had submitted such form for omitting the names of my parents but neither receipt was given nor effect is given.
Thus you are kindly requested to instruct the staff concerned to tremain present for given period at given centre with complete detais. Also whatever they have collected while remitting to the electoral officer receipt of the same should also be issued to them as well as to the applicant so that if any body on omitting the name from existing constituency wants to enroll at another without much hassle applicant can succeed.

Direct Tax code Some required rationale reforms

2010-06-17T08:06:00.000-07:00

Direct Tax code Some required rationale reforms

A/ Under the I.T Act No benefit is granted in case of coaching fee paid for the personal coaching. As it is not considered education fee levied by institution.
It is well accepted belief now a days that right from K.G to Gate, GMAT competitive exam or for Net OR CIVIL services EXAM TOO. CANDIDATES./ Students are attending coaching classes with huge fee.
If the same is granted for eligible deduction than obviously unaccounted money of thousands of coaching classes will be taxable too in the form of service as well as income tax. This issue needs to be addressed ./
B/ Other issue is Salaried class was given standard deduction previously, But now that has been scrapped. After all to the salary class also they have to spend money for communication. Perquisite given & exempted in this regard may not be sufficient , They have to spend more. Their counterpart taxpayer professional persons are getting exemption as expenditure incurred for profession, or business man in the name of business income expenditure like Office car maintenance, repairing, depreciation to furniture or purchase of furniture & fixture for profession or business, electricity & telephone or mobile bill payment etc. While salary class eventhogh using their personal computer, laptop or phones, many a times using own electricity for office work by officers etc are not considered for any kind of deduction This kind of discrimination should be resolved
Even if thought in broad sense if some of the expenditure narrated above salary class should also be benefited.
c/ Another issue is Government has never thought of bringing more & more earning person under tax net rather than increasing tax slab.
To cover more & more earners under the tax net Government may declare a scheme that whoever produces maximum bank transaction purchase along with Pan Number of seller or dealer should be rewarded some % of tax likely to be covered from such purchase from pan card holder subject to purchaser's total net tax liability.
Under the scheme many objectives may be fulfilled.
1/ Maximum transactions in white money can be encouraged.
2/ Menace of black money can be curbed substantially.
3/Purchaser's purchasing capacity can be assessed on the basis of his declared known source of income.
4/ Unorganized sector remaining out of tax net can be covered.
5/ More & more people will have tendency to avail the scheme thus it may result in good incentive toward increasing direct as well as indirect tax net in the long run.

d/ Under existing I.T provisions there is no provision in the case if any body doing security transaction him self / herself without taking assistance or services of broker. To allow deduction for the internet expenditure, computer or lap top, & other in fractures. While broker is getting all this as deduction as business income But if any salaried person or other than broker any businessman is doing security trading from own computer net work with internet facility he should also be allowed all these deduction before deducting short term Or long term capital gain Else tendency to tax evasion may be develop among them . After all they have to incur expenditure in that regard than only they can earn some thing . If it is not allowed it will not be rationale policy.
This is the era of E. Governance More & more people in the time to come may be prompted towards this If rational policy will be there they may declare on their own Other wise only I.T. department or government machinery is not sufficient alone to trace it out or investigate & book them .Even there the chances of corruption can not be rule out. So More citizen friendly & citizen participative measures should be adopted.

Hirnesh Bhavsar

Role of Buauerocrate in good governance

2010-06-12T05:48:00.000-07:00

Role of Bureaucrat in good governance

Role of bureaucrats is crucial in good governance but the manner in which we are witnessing the instances of actions of today's officials like Madhuri Gupta, of espionage in Pakistan, or officials played in union carbide to allow prime culprit warren Anderson to flee country rather than booking, or latest one the add published by Gujarat govt. showing C.M Narenra Modi as crusader of minority community to transform his image of frenzy, or communalist if pierced the episodes it is clear cases of violation of code of conduct too apart from dereliction of duty & being disloyal to the country. These officials them selves are treacherous, they should be booked for waging war against India. In case of Madhuri it is surprising that movement of such officials remained unnoticed from beginning. In case of union carbide it is equally stunning that if it was political nexus though under

office procedure it is incumbent on the part of officer to get the order in writing. which in the case under controversy has happened or not? is a big question. apart fro m that when officers are being appointed they are taking oath to be loyal to Constitution of India & country as a whole.When constitution is supreme obviously any order issued by political master against spirit & provisions of the constitution or against the law of the land no any officer should implement such order. Rather in defying such order one is doing best service to the nation honouring the constitution. In case of media add now the buck is passed on agency. In any govt add before releasing to the media for publication n it is pre required& mandatory on the part of officials two verify & whenever necessary to obtain approval of political master. naturally same thing might have happened in this case also but now when caught sleeping resorted to escapism finding some body to make scape goat.

Unless & until these kind of tendencies are prevailing how one can accept good governance.

Officer should dare to such ultra vi res order & have courage to disobey such illegal orders even at the cost of position , posting or chair.

Strong will power accompanied with personal ethics, morale, & values can only do this. The need of the time is to develop such in every individuals & recruit only such officers in public service.

overoll surveyrather than scatterd to have accurate & true picture of country's social economical status thus to save survey cosyt too

2010-04-15T21:30:00.000-07:00

I wants to convey an important suggestion before current census & national population rwegistration preparation.

i am surprised looking in to both form.
When we are periodicaly doing one or other kind of survey by various departments
Why following can also be snnchrosied with census & NPR
1/ Income detail
2/ Employment or professional/ self employment detail
3/ Study or school drop out

If all column can be included we can have simyultaneous details on Bellow poverity line, school drop out & unemployment datas too.

also all these datas ncan certainly be more reliable than scatterd survey.
Thus significant amounbt can be saved from public exchequer too.

capricious, arbitrary, ilegal unjustunfair selection on public post by nepotisam, favouritism resulting in wrong person on right job a blow on public

2010-04-15T21:22:00.000-07:00

Indeed it is shocking rather stunning that without any outstanding performance one bureaucrat is persistently trying to impose wrong, unqualified person on 4 million population in the urban administration of surat.
There is saying that king can do no wrong but in today’s era king are always doing wrong & go unscathed because they are having powers along with coterie to prove the wrong actions as right by swathing cotton on the eyes of people.

one of bureaucrat in surat is trying to install one of existing assistant commissioner as Deputy commissioner, not keeping stone unturned to make efforts succeed even making state government an instrument. This is the same asst. commissioner who him self is tainted up to the extent of more than 3 million scam of urban community development. Being the defense advocate when I realized that the person at the helm of department was literally frequently making water at the time of inquiry at the time of cross examination. Thanks to your corporation’s prosecutors who assisted him in answering & saved him.

civil servant is trying to be DALA TARWADI to take coup-le of brinjal from the other’s farm i.e. at the cost of public exchequer one foolish is being installed by back door entry.
This is officer who is not self well aware that under the BPMC act before moving any such proposal to the government approval from general board should be there. Without which it is ultra virus on her part, Even she has not bothered to put the resolution of state before Board which if any member of the board may motion of privilege breach of apex body of the corporation under section 454 & 457 of the Bpmc act.
Indeed it is surprising that in surat municipal corporation it self if you call the records there are highly qualified as well as upright, honest & persons with high esteem, self dignity already serving in the corporation. Who are side lined as they are not submissive & sycophants. Though why commissioner is insisting particular person behind curtain? Flouting all norms of open recruitment, transparency & accountability?
If referred recently sent proposal to project that fellow is to up grade the post without any justification if by this way if unmeritorious wrong persons are imposed in public administration god will not be able to save Gujarat. If you claim your self true well wisher & solder of the Gujarat Please prevent this kind of Machiavellian practices, malpractices & fraud with the people.

To improve governance of IGNOU & insitute credibility in governance , reforms & transformation of open university education

2009-08-16T05:09:00.000-07:00

It is indeed a matter of great regret that when government is boasting to open more universities for higher education while looking to the experience to me at ignou especially at ahmedabad the credibility of such institutions it self is at stake. Even as per my observation not a single day i received any response on telephone for entire day,. If this is the scenario of public dealing i am thinking this experience itself should be ideal for me to select as case study for public administration.May i request your good self again to direct the concerned to confirm the same to facilitate to us to have study material from centre? It also equally astonishing that the institution which runs MCA like courses is unable to develop any such programmed to respond on net or online communication & enrollment.Your's Faithfully,Hirnesh Bhavsar Indeed it is a matter of great regret that even after more than 2 months post my application along with fees yet I have to receive any kind of confirmation in this regard. Not only has that None from regional centre ever bother to reply once. Even once I personally went at Ahmedabad to inquire where I was told that unless all the forms are being entered in to program it can not be ascertained. On my query what I came to know is about one to two crore of such draft/ pay order is to be credits in to the account of IGNOU. Indeed it is equally shocking & stunning too that this much huge amount is being remained in transit Thus IGNOU is losing monetary benefits in terms of interest per day to the tune of Rs. three to four thousand Rs. just for the sack of computer entry which can be done by hiring periodical person on contract basis too. If any professional organization and might have been there certainly that might have done so. Perhaps that is the secret of their success. & this is the factor why government organization is trailing. Or remaining far behind. any way now may I expect any development regarding my study.

. I have requested just for the confirmation of my payment of fee along with registrations for mine & my daughter respectively. Even on contacting telephonically y"day no body responded. At Ahmedabad. Even there is no such system like National institutions Upsc or alike from the site of whom one can verify the status by entering unique No. & also can know further development in this regard. At least when hefty fee has already been paid by the payee prop[er response should be given to them addressing their grievance. May I request your good self to look into o the matter & direct the concerned in this regard?

Irresoponible, non accountable administration of IGNOU the way to make transparent & accountable

2009-08-16T05:06:00.000-07:00

Please carefully refer my complete mail in which right from application No. to payment & even enrollment No. given telephonically today by your centre are already mentioned fr4om which you can collect complete details of both applications out of which one is made online. Even though you are seeking details? This automatically prove your excuses to mislead higher ups diverting their attention.
I could not understand further which kind of details & what you are seeking?
This proves your reply evasive & vague purely in bureaucratic manner usually in government sector rather than professional approach with responsive administrative acumen accompanied by accountability with intention of solving problem or redress of grievance.
In your today's mail you have claimed of dispatching confirmation letters but not given the details when? by which mode? Whether upc/ Rpad/ speed post & when? with what outward No. & date?
Let me draw your kind attention again when by phone I tried to contact you on your mobile you in irritated manner told me that I should contact reception of centre for admission. When Right t to information act emphasizes on transparency & accountability with motive of held government & it's instrumentalities responsible to the governed your attitude is absolutely contradictory. I am simultaneously complaining the matter to human resource & personnel ministry of government of India with c.c. to H/E President of India too in this regard. & If required parliamentary question being raised on the credibility of the open university.
Coming to the point your staff told me that date is again extended up to 17th August so we will receive the confirmation in due course. Of course if necessary I can have the printout & tale conversation detail too from mobile company.
I again request you to send me the details I sought by mail application under RTI with the details of dispatch.
Also it seems ridiculous that in the era of E.Governance You are resorting to postal dispatch etc even after even after almost 4 months of application rather than putting entire details online arranging for students, study centre & university authority too to collect from site by using password or sending through mail. This will be not only speedy, time savvy. & paperless too but also economical & manipulation proof also.
I repeat the request to arrange to send bare minimum details to me as well as study centre so that rather than wasting my precious time in futile mail may use it for course completion in better manner.

Unfair trade practices & defective services on the part of government SBI & HDFC to counter

2009-08-16T05:05:00.000-07:00

SBI HAS STARTED TO CHARGE MrS. 60 FOR ISSUE OF NEW CHEQUE BOOK. The reason given is the cheque book is being issued centrally & this is postage charge.
Actually when account is opened in to bank it is incumbent on the part of bank to provide cheque book & it is part of account service too because without that person can’t withdraw the amount Or make payment. Of course now a days Debit card is issued to the customer & separate charge annually is being levied by the bank for that also.
Actually these are noting but plundering. Tent amounts to cheating to consumers by the banks. To get the cheque book one has to go to the bank fill up the requisition form & than cheque book is sent at home Under the circumstances why the cheque book cant’ be issued by the branch it self. If bank wants centralize issue it can but not by passing the cost on consumers unnecessarily. By this way bank also desires that consumers may use less cheque transactions thus more unaccounted money less tax to government encouraging black money vicious circle.
Not to issue cheque book without levying any charge including postal charges is defective service on the part of bank under consumer protection act also. & also treated as unfair trade practice under MRTP ACT TOO.

Like wise HDFC SECURITY informed me that they have stopped to send hard copy of transaction statements to the customer of security trading. Now the security agency is not only broker but something more than that. If they say that they send mail in this regard think twice, only 2 to 3 % of the total population of India has such net facility. & Apart from that when agency is charging annual fee , periodical charges etc even under consumer act & contract act also agency is supposed to send paper copy to the consumer free of cost. Instead of that they have started to plunder by saying that they will charge extra money to send in hard form This is unfair trade practice also. Thus it should be made mandatory on the part of all security agencies too send quarterly & annual statement to all consumers without extra charge.
: customercare@hdfcsec.com

Rationalisation of new tax code

2009-08-16T05:04:00.000-07:00

New tax code

Some what is heard from media about new tax code wherein all withdrawal is to be going to make taxable. Housing loan & other investment incentives are going to be withdrawn etc.
But before bringing such code we should think of present scenario.
If government wants to generate more & more tax more & more expenditure incurred on appropriate business, service, professional incidental should be allowed. Thus more money in to economy, circulation of money will keep the economy healthy too, giving impetus to the industry too. If all withdrawal kept taxable it may affect long turn saving rate also which is not good for banking sector as well as society & government as as a whole.
If long term gain or short term gain kept reinvested it should be exempted until rotated in particular financial year.
This kind of strategy may prevent corruptive practices also. E.g. If thought education which very expensive now a days, if expenditure on it is not allowed fully reimbursed certainly government & public servant will resort to corruption., while business & service, Professional community to black money.
Thus we must keep in mind all these factors at the time of bringing new code so as to incorporate all these in to it.

Defective service/ unfair trade practices on the part of public sector theway

2009-08-16T05:02:00.000-07:00

Due to technical fault your entire broand band system was non functional on Dt. 30th to 31st July 09 I had lodged complaints also in this regard. Due this I was unable to utilize balance MB 150. Ultimately I can’t avail consideration against payment made to BSNL in advance.
This is defective service on the part of f BSNL Also it violates breach of contract by way of levying full charge & not rendering services Or consideration thus tent amount to cheating too.

BSNL IS FAILED TO MAINTAIN BALANCE OF CONVENIENCE & EQUITY BEFORE LAW ALSO. When I had complained earlier in this year for unusual consumption of MB without my actual use in a 2 hours consumption of almost 650 mbs. BSNL FILED my complaint citing reason that due to virus it may happen but use was same port thus I was penalized for no fault of mine & had to pay in the bill extra charges.
Now when due to fault on your part which is on the record are you going to reimburse me the payment of those lost 150 mbs or is BSNLgoing to give me credit of left 150 mbs on the last day of July to use it for next month?

After 62 years of Independence can we claim independent?

2009-08-16T05:01:00.000-07:00

After 62 years of Independence can we claim independent?

If thought profoundly before 10th century people of India were treated as slaves of imperialism/ royal class / dynastic rule. After that slaves of Muslim rulers/ bad shahs. Than of colonial, French/ British rule etc.
In 1947 we claimed us independent & in 1950 we declared us as republic.
But if rewind or go in to past six decades of life passed min India looking to entire scenario can we claim ourselves free from slavery? This it self is a big question mark. & majority people will reply in negative. The reason end of British rule & on set of political & bureaucratic rule the rulers who can prove British good..
The manner in which These white wearers Of khadi clothes & successor of British officers in the form of Indian administrative service accompanied by government/ public servants , so called BABU DOM have started to plunder gullible public/ citizens in the name of administration & democracy is inimical , unique & matchless. The manipulation, corruptive practices & immoral unethical ways & means they have resorted seem such that even after century of independence people will not be able to free them or exorcise them. People have been trapped in to vicious circle of castes, racism, ethnics, status barrier, class, category, reservation, religion, & sectarian discrimination.
The rest is completed by bureaucracy by dominating governance in the name of multiple laws, acts, rules & orders.
Now these category has resorted to divide the society in to such a manner that from Vedic era & from the beginning of earth era i.e. eve & Adam the male female understanding in to our society was at least intact & exemplary where in the job of male class was to earn bread & that of women was to maintain house in order, nurture, nourishing children & taking care of family. Bringing women reservation bill This system is certainly going to collapse. Until now whatever reservation was there were inter cast & category now it is in the family itself. Naturally this is the act which will directly hurt the male society it’s ego & make them more insecure this will force the society to stop to think moral, Ethics, character, austerity etc. If we wants the society & family environment lovable & livable at least we should stop to make crack in to it by stopping this divide & rule policy in to family life until more than 50% of the population is from younger generation & rate of unemployment is also hovering to very high level. Otherwise let me pray to god to save the society.

To prevent corruptive practices in revenue, urban &city survey department

2009-08-16T04:59:00.000-07:00

One of the way of corruption for city survey & stamp registrar is to enroll the property in to such revenue record.
Unfortunately law is not enacted properly in this regard. Daily lots of properties are being sold & purchased &especially by the builders to prospective purchasers. Builders are giving deeds that is also directly of land purchase, & than agreement to construct the property. When customer purchases availing bank loan etc managed by the nexus of builder, urban local body, revenue department & bankers he has no knowledge regarding complete titles of the property. When they attempt to get enrolled in to city survey some 12 to 13 documents again they insist out of which majority almost all might have been given at the time of passing a plan of building & than deed at stamp registrar. Though again fresh copy of, Na, 7/12 ,index, deed etc are insisted .\Why we should not have such act that every property seller is compelled to complete all these formalities along with deed it self & until the builder has fulfilled all these obligations the liability on the part of builder will be incomplete & liable to be treated as defective service.
Another issue for those properties still not enrolled on city survey record. The info pertains to particular plan should be accessible to city survey office from Non agricultural, town development of urban /;local body, stamp registrar etc & vice a versa to prevent the corruption. Even for single , minor papers these kind of running from pillar to post to holder of the property forced him into trap to vicious circle of corruption of city survey record. Which are compelled them to pay bribe even for absolute legal administrative job.

Wrong persons on right jobs the prime cause of miss governance

2009-08-09T09:23:00.000-07:00

Wrong persons on right jobs the prime cause of miss governance

It has been seen commonly everywhere in government, local government & public sector undertakings that the selection of office bearers especially on administrative side of executives is not the right & appropriate one.In majority of the cases either the selection is being made on political calculations or by politicians themselves either as selectors or under the influence of politicians.

Even in case of Civil & administrative services of centre or state the scenario is same. Thus when such officers Or administrators are posted for multi faceted diversified jobs they fail to deliver targeted results other than political point of view. In majority cases it has been seen that civil or administrative cadre officers are believed that they are having expertise in every field & they can deal with every such situation but in actual practice it is miss conception & truly speaking an illusion. As per practical observation they are not having in depth or through legal & technical knowledge. & in many of the case their subordinate in hierarchy are having very good profound knowledge though the ego of such cadre officers or their selfish motive or their attitude of sub serving political demand prevent them from accepting facts & reality.

Even these cadre officers are found of lacking transparency & accountability too. which is inevitable for responsive governance. These are the officers who used to right on files bring up, or discuss & than if subordinates tries to put the fact they have been found of escaping responsibility & accountability. Even these cadre officers are found of such attitude that they seemed reluctant of righting what discussed & what is ultimate order? Thus if problem arise in future they can blame it subordinates & remain clean them selves.
Even in number of cases they have been found of lacking common legal knowledge without which it is impossible to run day to day administration.

Overall cadre officers are having tendency of pleasing their political masters to grab cream posting while & post retirement of service. Under the circumstances if even after 61 years of Independence & 59 years of republic India how one can expect good governance unless & until professional approach is being adopted for selecting administrators?

Democratic & republican governance to be metamorphosed/ transformed to sustain the high values cherished in the constitution of India. an essence of

2009-05-10T05:43:00.000-07:00

Much has been published in print media & discussed in electronic media about on going parliamentary elections likely to completed & results of which is in waiting.
The conclusion is likely fractured verdict, alliances, dominance of smaller & regional parties, & all leading to hung parliament.
India is facing similar situation since last four elections. The reason absence of major national political parties at central level., Their power hunger, To achieve the target of power by hook or crook. Putting aside all morals, values & ethics.

If analyzed the current scenario wherein majority of political parties are forced to nominate criminals, culprits & social evils in the elections. Now a days it seems that it becomes fashion amongst parties to put in fray such candidates
Voters or elect orals are compelled to elect any of the worst. This is indeed pathetic situation for more than 1.4 billion people of India.
If we wants to exorcise the country from all these evils & negativity now it becomes inevitable for us to change our election pattern from grass root.
First & foremost thing to nominate the candidate by the party should never been as per whims & fancy of the party unlike today where they are imposed by the party. But all the political parties must propose their candidate to they wants to nominate for ensuing elections Then Voters should have a choice to select by public debate like the system in USA. Thus from the same political party also there may be more then one choices from whom electoral will select & who ever is selects only that candidate will represent the party in election. Here voters must have a choice either to reject one or all. Let the people have their voice in the selection of candidate party wise before final election. This will avoid current situation of imposition of candidate by party. Also in current system in political parties there is hierarchy thus candidate, it’s political agent, office bearers, & party workers who makes desperate efforts to make their candidate victorious & in lieu of which the expect that the winner candidate on getting power get their work done whether legal or illegal with the influence & power of the candidate through party or otherwise.
Thus motive behind efforts of every one in party cadre is also ulterior & selfish. If candidate is being obliged by the party workers in elections obviously one has to compensate the party workers by these ways. \If the selection pattern it self changed radically & selected by people after public debate, party policies, ideology 7 caliber, competency of the candidate than victorious candidate in power or otherwise can courageously refuse to oblige party workers to surrender them for illegal or out of turn & out of way work. & if this formula works than & than only voters can expect moral, ethical ideological politics & governance too.
To bring this kind of changes we must amend the constitution by having only major two or three political parties only abolishing smaller & independents to blackmail or pressurize any kind of alliance. If necessary fundamental rights may be restricted to implement this.
And the e last but not the least Rather than parliamentary form of governance presidential form of governance on USA pattern should be adopted to make the president & governance more accountable. Unlike today’s accountable to parliament in technical form but in practice & actual more loyal to party.

The manner in which today’s parties are functioning very remote possibility is seemed to pass this kind of amendment looking to the vested interest of the parties dismal chances of any unanimity seems in this regard. & To overcome this problem referendum Or plebiscite should be obtained

Infation, Bank rate cuts & prime landing rate cute are not corrosponding to eah other. Not refecting true picture of economy

2009-03-22T06:41:00.000-07:00

Over a period in post recession period RBI has slashed bank, repo & reverse repo rates to almost 2006 level while prime landing rates have been kept intact. Which directly affects general public. What ever rate cut announced is benefiting to the banks. But that has not been pass on to consumers. If PLR cut will be there banks will be supposed to cut rate. Also many banks have announced rate cut in new loans but why discriminatory treatment to existing borrowers who are instrumental in keeping economy going on healthy. If this kind of treatment will be continued for longer period it will have negative impact on recovery & repayment count. Which will have direct negative impact on economy. My another point is inflation rat shown to near 0 level while if compared with consumer goods people are supposed to borrow day to day to meet every day expenditure are not proportionately reduced. Thus reduction in inflation seems nothing but an eyewash. unless & until inflation & consumer goods have corresponding effect economy is not going to reflect true picture.

Terrorist act on mumbai & apprehension of war - Wisdom to follow

2008-12-31T00:01:00.000-08:00

Post terror situation kept the world thinking on taking pak to task, waging war.
This is general perception across the nation. Even many of the intelligents also think that india has lost a golden opportunity to attack on pak after terrorist attack on mumbai.
From human sentiment point of view, or from the perspective of comman national it seems quite right thinking.
But if thought from democratic governance point of view, From hindu cultural point of view, from internationl leadership point of view as india is imerging worold leader whether it is SAARK , Non alligned summit or world trade agreement & the last but not the least from priniciple of natural justice point of view in legal context the immediate action of attacking on pak may prove atleast unwise,non diplomatic step & hasty one.
Ofcourse we may attack on terrorist camps situates on either part as law & order maintaining measure once we garner sufficent international support. According to me rather than our attack if we bring such situation that our counterpart who have also sufferd equaly if attacking with our support that may be most ideal step. The manner inwhich our external affairs ministry is dealing currently can certainly be described as right path but thing we have to keep in mind is without recourse to any political party in power it should be on comman agenda of all party to maintain continuity & consistency of gradual steps & proving at international arena that even after due & reasonable opprtunities counterpart fails to do affirmatively we must target them especially non civillian area only. Prior to that all busineess, economical, sports & cultural relations should be discontinue. This should be ideal stretegy to domionate not only on our neighbour but also on international platform too, cherishing the great ideals of all religions & gandhian philosophy too.

Decentralisation - panacea to effective administration - for surat municipal corporation

2008-08-10T02:44:00.000-07:00

Decentralisation is one of the key factor of successful administration. Even across the globe we have witnessed this. Like USA population less than six times of Gujarat, states 50 , Australia population 40% less than the Gujarat , six states, Gujarat 25 districts & 226 talukas. ours is a federal state. Looking all these Don't You think that in past two years where ever panchayat, nagar panchayat areas have been merged in to palikas, municipal corporation , further decentralisation of municipal administration in sub division level or zone level should be. Ahmedabad, Baroda, Surat have already witness the success story of these kind of decentralisation in the past in post merged ares. Even though after newly merged area there does not seems any movement of this kind of decentralisation of municipal administration. Obviously this step creates own-ness amongst people, fixes responsibilities of administrators, brings transparency, & accountability. While if it is not ao power remains centralised like feudal system or fiefdom, result, red tapism, Babushahi. Naturally existing coterie of bureaucracy will never prefer to loose power at local administration. It is human tendency too that none likes power sharing. Will State administration look in to this seriously & direct the municipal administration to act in this regard?
Also the manner in which more & more expectations of people are being increased for civic services Dont You think that now municipal admionstration too have more senior posts including couple od additional, Joint municipal commissioners too.

Fighting terrorism in true spirit - essential requirments

2008-08-03T06:42:00.000-07:00

Sir,Every time we face any terrorism we are talking of fighting it. Lots of debate & discussions will be there for couple of days, political mudslinging, allegation & counter allegation, blame game & episode will be forgotten. Indeed if we wants to check, control & wipe out terrorism & crimes the lone thing we have to do is to give free hand to our law & order maintaining agencies/ authorities including police & security forces. Let them develop their own network, information & intelligence links, Let them utilise in a best manner to safeguard national & public interest. For this political will becomes inevitable. Rather than that until now all these agencies seemed utilized for vested political interest to settle political scores whether at state Or central. Even the persons at the helm of authority or agency are also dumped accordingly rather than their merit. Under the circumstances if we are expecting effective public & national security & safety that may be day dream until the system is not improved & right person with adequate autonomy & authority with free hand, without any external meddling are placed on right jobs.

Managing temples & pilgrimage effectively from security pioint of view to prevent stampede & othe rcalamity

2008-08-03T06:07:00.000-07:00

At every temple & pilgrimage overcrowding, long ques are common. Major reason seems to keep the temples close for couple of hours. or for to shut it periodically for one or other reason. resultant pilgrims & people visited there have to stand in Que for number of hours especially in festival season more.
The reason given by temple authority or temple trust many of which being managed by government board are for bathing, breakfast or lunch or rest of the god. In spiritual terms if ponder, The almighty who is managing entire universe need not to take rest & if so how the universe may run? The reasons given or raised are merely looks silly & ridiculous. The prime motive behind keeping temples closed for different interval is nothing but to glorify the magnanimity of the pilgrimage at the cost of precious human lives & at the risk of our cultural heritage along with ancient monument. But why government & temple authorities are ignoring security factor? The more crowd , more will be the chances of stampede Or calamity whether man made or natural. Thus if temples are kept open for continuous 12 to 15 hours no any kind of overcrowding will be noticed & Chances of any calamity can be rule out. should Government not consider this seriously when terrorist attacks are also looms large?

Nucluer deal muddle A practical solution

2008-07-12T04:11:00.000-07:00

Lot of controversy is being witnessed on this issue across the nation.

Of course due to coalition government the genuine requirement is being digressed by political will & vested interest opportunist. Ultimately nation as a whole is being deprived of true requirement to stride towards developed nation.
Under the circumstances rather than resorting seeking vote or playing foul game to topple government by certain machiavellian political group let us have a referendum or plebiscite, which is international accepted formula.
In democracy people are supreme thus by referendum or plebiscite let the people decides their good.
The best practical solution in this regard may be to seek referendum or plebiscite.

Right to information Act 2005 realistic democratic weapon- Certain suggestions to amend the act

2008-06-12T10:48:00.000-07:00

Right to information Act 2005 -Certain suggestions to amend the act under section 25 (g) of the act.
1 In the preamble Rather than " to provide for furnishing certain information
to citizens"
Be amended as "people"
As the word citizen restrict rest of the people who are not citizens from
Seeking information. Also this will be in consonance with the provision
under section- 6
2 Section 5(2) Provided that where an application for information or appeal is given to central Asst. PIO or State Asst. PIO -
the word Central PIO or State PIO other than designated PIO for particular
information should be inserted before central or state APIO.

When 5 days grace period is permissible in case of application made to
APIO why not in case application made to other PIO.
3 Section 6 (1) - after "A person who desires to obtain information" words
including an appeal should be inserted.
4 Section 6 (4) may be inserted as " if applicant is seeking information of more than one public Authority, on transfer under section 6(3) shall pay prescribed application fee within 7 days to such Public Authority within 7 days of intimation of transfer. Failing which it will be treated as withdrawn.

As every application should be with fee . An appeal made under this act is also separate application there for it should not be free. while applicant may seek info under one P.A. of as many PIO but not in one application of many public authority. This will also simplify the disposal procedure within time limit. Applicants bonafide can also be ensured.
5 Under section 8 (j) After “ Information which relates to personal information”
Following provision may be inserted. “ Except statutory information or
details furnished by any person or body to the public Authority to fulfill
legal obligations”

As any information provided to fulfill legal obligation to the P.A. Can not be
categorized normally as personal info. Thus to avoid inevitable disputes of
appeal or cases of denial & ultimately to maintain the spirit & provisions of
the act.
6 In section 11(4) following may be inserted after the words “under section 19
against the decision.”
And in such event PIO will not disclose such information for the period of
appeal i.e. for 30 days from the date of intimation notice of overruling
objection raised by third party to him/her to facilitate the third party to prefer an
appeal. Appellate Authority may grant interim stay or reject the appeal in such
case.

As there is no provision to protect the interest of third party in the event of not
acceptance of objection by PIO. IF THIS PROVISION IS NOT INSERTED
THERE IS NO USE OF APPEAL BY THIRD PARTY ONCE INFO IS
DISCLOSED BEFORE THE DISPOSAL OF HIS/HER APPEAL.
7 In section 19(1) after “Prefer an appeal “ following should be inserted.
“Accompanying such fee as may be prescribed.”

To ensure bonafide appeal this becomes necessary.
8 In section 20 This may be inserted as 20(3)

Any public authority who has violated the any provision of section 4, 5, 25 or

26 And also any first appellate authority who has violated the provision of
section 19(6) or without applying principles of natural justice or good faith
disposed off the appeal or upheld the decision of PIO to deny the information
or refusal of application in any way without proper justification provided
under the act may be penalize as per the provision stipulated in section 20 by
the central or state information commission by following the procedure laid
down under section 20.

As penultimate provision for Public Authority under section 19
& for PIO & deemed PIO under section 20 have been made for the reasons
mentioned there in but not for the rest. While there is no such
provision for First appellate Authority under the act. To ensure spirit &
provision of the act & scrupulous implementation of the act the officer senior
in rank of PIO should also be held responsible. .

Economy & enviornmental measures to counter spiraling fuel prices along with green house gas emission

2008-06-12T10:45:00.000-07:00

Economy & enviornmental measures to counter spiraling fuel prices along with green house gas emission

Manner in which fuel prices are spiraling affecting directly to national economy too as part of government machinery we may adopt following measures to mitigate the global impact of inflationary trend along with restricting global warming.

1 In all government sectors days week office hours may be implemented increasing daily office hours proportionally to compensate the loss of two working day in a month.
2 This will result in saving of precious foreign exchange in terms of fuel saving up to that extent.
3 Pollution will also be controlled accordingly as well as valuable energy too.
4 Office timings during summer may be set as per sunrise & sun set to save energy.
5 Where ever the office timings are in two shifts working hours may be adjusted in single shift as per convenience & requirements to save wastage of fuel, time, & human energy. This will result in improving environment reducing traffic problem also. If need be to provide lunch coupon may be economical compared to spending for fuel & emitting pollution.
6 One of the priority to address this issue is to reduce pompous & hypocrisy for inaugural functions in government & alike sectors . No convoy, however large inauguration may be no VIP but it should be make open or dedicated to people by & from amongst the one of the beneficiaries. As majority of government fuel is being spent towards this kind of populist, publicity gimmick.
Of course if administration / rulers wish to earn the credit for the same or en cash the work done during their tenure once in a year such public function may be arranged highlighting the achievements of the year.
7 Rather than government vehicles all the officers who are eligible for office
8 car should be asked to travel through their own vehicles driving self. Thus miss- use of fuel & government vehicles may be checked significantly. Of course their convenience allowance along with traveling fuel allowance may be increased proportionally on par with use & cost on the basis of log book maintained.
9 For rest of the government employees in lieu of paying transportation allowance mass transport facility should be arranged. So that significant fuel economy may be achieved. Late office attendance & early leaving may be checked & controlled automatically.
10 Field duty staff using BICYCLES at local LEVEL MAY BE ENCOURAGED IN TERMS OF MONETARY AS WELL AS OTHER INCENTIVES.

Rationalization in staff & Human Resource Management-Employee Consultation

2008-03-20T03:11:00.000-07:00

Rationalization in staff & Human Resource Management
...........................................................................................
Employee Consultation
.......................................
suggested policy for employee consultation

Surat municipal corporation is the local self government having 87 departments & 33 health centers aggregating 120 in total as per last establishment schedule.
Like any organization smc has also pyramid type of hierarchy synchronized with horizontal structure. linier hierarchy ranges from 6 to 9 in numbers from lowest rank up to CEO depending on departmental establishment. e.g. in administrative from peon to commissioner – 9, In health from sweeper to commissioner -9, In engineering from beldar to commissioner- 8 etc.
As per existing practice CEO is reviewing weekly/ periodical meetings up to forth level to take stock of assigned goal or evaluate work performance.
As per existing confidential report policy review is limited to direct 3 level for class 3 & upper categories.
Thus employee consultation of grass-root level to 4th level is rare or limited. that is also restricted to the disposal of work or job performance.
Why employee consultation is become necessary.
1/ Percolation of vision, policy, act, rules, regulations, targets,& mission. Simultaneously to communicate system, work methodology, citizen charter, standard of norms & procedure with updated developments.
2/ To take feedback from all levels regarding adopted strategy to achieve targets, problems faced by employees in job performance like lack of guidance, powers, authority, supporting papers/material, interdepartmental co-ordination, lack of conducive work environment, in fractures, shortage of man, machinery, equipments,& to contemplate relevancy of existing work of employee with his/ her skill, interest, work experience, also to contemplate external obstacles/ stress factors if involved.
3/ To evaluate training needs & analyze scopes of research & development.
4/ Last but not the least- apply healing & feeling touch with human resources concept to inquire & review service matter pending issues of employees.
Employee consultation may be adopted in following manner.
1/- To begin with grass-root level - Section/ Branch Up to lowest rank

2/ Departmental head up to section heads

3/ Divisional head consisting of inter departments up to departmental heads

4/ CEO consisting of divional heads

Proceeding of the meeting to be written & maintain properly. Also to be submitted to their departmental head within a week.
In this meeting they will also focus on the proceedings received from H.O.D. level as stated in proceedings.
Proceedings of the same will be written & circulated accordingly. Any issues even though of thrice discussion not sorted out may be referred to C.E.O. along with proceedings of the meeting.
By adopting this system the voice of lowest rank employee may be reflected at various level , timely/early redressal / compliance may be ensured.
Last but very innovative concept to consult employee from optimum transparency point of view may be adopted is reverse evaluation system i.e. subordinate may analyze the performance of his/her superior annually in terms of guidance/motivation/training while work/decision making/ attitude & most important one whether the actions of superior are synchronized with his/her ideology & thoughts on honesty, integrity & loyalty.