|3-It is submitted before the Hon’ble Sir that following order was passed by Hon’ble chief information commissioner of India but it is unfortunate that CPIO, High court of Judicature at Allahabad still not complied the order.
CENTRAL INFORMATION COMMISSION 2nd Floor, ‘B’ Wing, August Kranti Bhavan, Bhikaji Cama Place, NEW DELHI110 066 TEL: 01126717355 Appeal No. CIC/CC/A/2014/001147/VS
Appellant: Shri Yogi M.P. Singh, MohallaSurekapuram, Jabalpur Road, Distt. Mirzapur, U.P. Respondent: Central Public Information Officer, Allahabad High Court, Allahabad. Date of Hearing: 26.10.2015
Date of Decision: 4.11.2015
O R D E R
1. The appellant filed an RTI application dated 18.3.2014 seeking information regarding a copy of counter affidavit submitted by Director Secondary Education Arth1 Allahabad. The PIO responded on 27.3.2014. The appellant filed the first appeal dated 31.3.2014 with the first appellate authority. The FAA responded on 5.5.2014. The appellant filed the second appeal on 24.9.2014 with the Commission.
2.The appellant participated in the hearing through audio. The respondent did not participate in the hearing.
3.The appellant referred his RTI application dated 18.3.2014 and reiterated the points mentioned in the RTI application. The appellant stated that he wanted to know whether the Director Secondary Education has filed a counter affidavit in writ petition No. 20121 of 2006 or not. The appellant further stated that if the Director Secondary Education has filed the counter affidavit, then a copy of counter affidavit should be provided
4.The respondent is directed to provide the appellant, within 30 days of this order, the information sought in the RTI application. The appeal is disposed of. Copy of decision be given free of cost to the parties.
(Vijai Sharma) Chief Information Commissioner
Authenticated true copy
(Dhirendra Kumar) Deputy Secretary and Deputy Registrar
The copy of the aforementioned decision is annexed with this representation as page 3 and 4.
4-It is submitted before the Hon’ble Sir that Greek philosophers such as Plato and Aristotle around 350 BC. Plato wrote: “Where the law is subject to some other authority and has none of its own, the collapse of the state, in my view, is not far off; but if law is the master of the government and the government is its slave, then the situation is full of promise and men enjoy all the blessings that the gods shower on a state”. Likewise, Aristotle also endorsed the concept of Rule of law by writing that “law should govern and those in power should be servants of the laws.”
Where is the rule of law in this country? Whether Judges are not public servants and they are not accountable to be governed? On one side of the screen, we term them as public servants but on another side of the screen, they are more tyrant than a monarch.
5-It is submitted before the Hon’ble Sir that whether the motive of independence of the judiciary is to promote transparency and accountability in the working of a member or increase tyranny and arbitrariness in the system. Whether the power of contempt is to establish the rule of law or suppress the voice seeking transparency and accountability as the applicant was deprived of sought information in the name of contempt of court? Where is the supremacy of law if really there is supremacy of law, then what is the cause of repeated violations of provisions of Right to Information Act 2005? Dicey asserted that wherever there is discretion there is room for arbitrariness.
This is a humble request of your applicant to you Hon’ble Sir that It can never be justified to overlook the rights of the citizenry by delivering services in an arbitrary manner by floating all set up norms. This is sheer mismanagement which is encouraging wrongdoers to reap the benefit of loopholes in the system and depriving poor citizens of the right to justice. Therefore it is need of the hour to take concrete steps in order to curb grown anarchy in the system. For this, your applicant shall ever pray you, Hon’ble Sir.
Yogi M. P. Singh Mobile number-7379105911
Mohalla-Surekapuram, Jabalpur Road, District-Mirzapur, Uttar Pradesh, India.
||Mockery of Right to Information Act and tyranny in Highcourt.pdf