Appeal against CPIO, ministry of law and justice admitted in the central information commission.

Appeal/Complaints details
File Number
CIC/JUSTC/A/2017/606778
Registration date
10-22-2017
Appellant Name
Yogi M P Singh
Appellant Address
Mohalla Surekapuram Jabalpur Road District Mirzapur
Public Authority
Appellate Tribunal for Foreign Exchange
Mahesh Pratap Singh Yogi M P Singh <yogimpsingh@gmail.com>
Whether missing of file and offenders set scot free can be over looked by ministry of law and justice as exponent of judicial reform in the country?
1 message

Mahesh Pratap Singh Yogi M P Singh <yogimpsingh@gmail.com>
24 September 2017 at 10:37
To: pmosb <pmosb@pmo.nic.in>, presidentofindia@rb.nic.in, urgent-action <urgent-action@ohchr.org>, supremecourt <supremecourt@nic.in>, cmup <cmup@up.nic.in>, hgovup@up.nic.in, uphrclko <uphrclko@yahoo.co.in>, Anjali Anand Srivastava <secy-cic@nic.in>, “sec. sic” <sec.sic@up.nic.in>
An appeal under subsection 3 of section 19 of Right to Information Act 2005 is being filed before central information commission as follows-
To
                             Chief information commissioner of India
                                   The Central Information Commission
                                               August Kranti Bhawan,
                                                    Bhikaji Cama Place,
                                                    New Delhi – 110066
Appellant-Yogi M. P. Singh S/O Rajendra Pratap Singh
Mohalla Surekapuram, Jabalpur Road
District-Mirzapur, Uttar Pradesh, India versus
Respondent -1-CPIO Details are as-D. C. Pathak, Department of Justice, Government of India, Email- Unfortunately not available. Phone: Unfortunately not available.
2- F.A.A. First Appellate Authority Details are as -Y.M. Pandey, Department of Justice, Government of India,
Phone: not available on the R.T.I. online.
Nodal Officer Details- Telephone Number  23385346
 Subject-Sought information was denied by the CPIO in a cryptic way through its action dated: 16/08/2017 and First Appellate Authority blindly upheld the denial without considering the consequences of denial in the matter concerned with the serious allegations of corruption and failed law order machinery. The act of CPIO is ultra vires to Right to Information Act 2005 so consequently, be subjected scrutiny under section 20 of Right to Information Act 2005.
With great respect to revered Sir, your applicant invites the kind attention of the Honble Sir to the following submissions as follows. 1-It is submitted before the Honble Sir that Right to Information Act 2005 was legislated by the temple of the rulemaking body in order to promote transparency and accountability in the working of public authority but it is unfortunate that such cryptic working style of CPIO will never be instrumental in achieving the goal of August act. 
2-It is submitted before the Honble Sir that your applicant sought the following information from CPIO, Department of Justice, Government of India as follows- An application under subsection 1 of section 6 of Right to Information Act 2005 to seek information in order to get justice for a woman and her children who were mercilessly beaten by antisocial elements by trespassing into their house in the night and house articles were broken.
The matter is concerned with the missing of file concerned with the legal proceedings in the court of C.J.M. Mirzapur.
Your applicant invites to seek the following pointwise information from CPIO, Department of Justice of Government of India.
1-In grievance submitted before you as Registration Number: DEPOJ/E/2017/02219, Name Of Complainant: Yogi M P Singh your reply is as- This is a judicial matter. Kindly seek legal remedy.
Please, you may provide access to information regarding criteria to decide judicial and non-judicial matters other than pending adjudication before Courts.
2- If the charge sheet filed before Court couldn’t be part of proceedings before a judge still missing, then a dilemma arises here whether the file was actually put before a court or concerned were only misled? Please, you make available provision, how does government help its citizenry whose files are missed before reaching to courts concerned.
3- There are so many cases in which court documents are missed so you may provide access to information regarding the action plan, minutes of proceedings in order to curb such practices by the ministry of justice.
4-Neither state concerned nor central government redressing the grievance of the vulnerable section on the flimsy ground so provide feedback which may be instrumental in seeking justice in such cases of file missing.  
3-It is submitted before the Honble Sir that sought information was denied by the CPIO in the following cryptic manner. How the matter can be judicial if files didnt reach to court and offenders were set scot free in the cryptic matter? If the Department of Justice is not entertaining such lacunae and serious illegal practices going on in the function of courts and public prosecutors, then how legal reforms can be expected from Department of Justice?
Enter Registration Number
JUSTC/R/2017/51051
Name
Yogi M P Singh
Date of filing
30/07/2017
Public Authority
Department of Justice
Status
REQUEST DISPOSED OF
Date of action
16/08/2017
Reply :- Sir 
Pointwise reply to your RTI application is as under
i The observation that -this is a judicial matter. Kindly seek the legal remedy- made by this Department was based on the nature of your grievance as the matter was pending in the Court of Law. This Department has not made any criteria to decide Judicial and Non-Judicial Matter as it is not mandated to take such a decision.
ii, iii and iv under Article 235 of the Constitution of India, the administrative and disciplinary control over the members of the subordinate judiciary in the States vests with the concerned High Court and the respective State Government. Further, in excise of powers conferred under the provision to Article 309 read with Article 233 and 234 of the Constitution, the State Government frames Rules and Regulation for the subordinate judiciary in consultation with the respective High Courts. You may, therefore, approach the PIO or PIOs of the concerned State Governments or High Court as the case may be for obtaining the desired information. 
Yours faithfully
D.C. Pathak
Under Secretary and CPIO
CPIO Details:-
D. C. Pathak
Phone: 
First Appellate Authority Details:-
Y.M. Pandey
Phone: 
Nodal Officer Details:-
Telephone Number
23385346
4-It is submitted before the Honble Sir that aggrieved with the denial of CPIO, your appellant preferred to file an appeal under subsection 1 of section 19 of Right to Information Act 2005 as follows registered as JUSTC/A/2017/60049.
Prayer or Relief Sought
Provided information by CPIO is incomplete, misleading and showing arbitrariness in the light of following points.
Constitution and organization of the High courts and the courts of Judicial Commissioners except for provisions as to officers and servants of these courts.
Constitution and organization of courts in the Union Territories and fees taken in such courts.
Administration of funds approved under Finance Commission awards.
Collection of data on the institution, disposal, pendency of cases in courts and monitoring the status of under-trial prisoners.
Initiate policy measures for judicial reforms.
Whether ministry of law and justice can justify its stand by taking recourse of which it overlooked anarchy.
Mahesh Pratap Singh Yogi M P Singh <yogimpsingh@gmail.com>
17 Aug
to pmosb, presidentofind., urgent-action, supremecourt, cmup, Anjali, hgovup, uphrclko, sic
The matter is concerned with the missing of charge sheet which was to be filed in the court of C.J.M. Mirzapur. Police says it has filed the charge sheet and court staffs deny it and consequently all the accused were set scot-free in a cryptic manner.
Aforementioned e-mail representation as a PDF attachment to the appeal submitted under subsection 1 of section 19. This PDF document is also attached to this second appeal under subsection 3 of section 19.  
5-It is submitted before the Honble Sir that whether the judicial reform as Initiate policy measures for judicial reforms is feasible if such corrupt practice will remain continued in our government machinery?
Enter Registration Number
JUSTC/A/2017/60049
Name
Yogi M P Singh
Date of filing
19/08/2017
Public Authority
Department of Justice
Status
APPEAL DISPOSED OF
Date of action
15/09/2017
Reply:- I have examined the record which is available online. The appellant had asked certain information which is not part of any record maintained by Department of Justice. The information asked by the appellant is not available with CPIO and he is also not required to maintain the information as the subject matter of the information sought is beyond the jurisdiction and scope of his duties. Under RTI Act, 2005, it is beyond the jurisdiction and scope of duties of CPIO to give the explanation, opine, comment or advises on any matter. Therefore, there is no ground for making an appeal. 
There is no merit in the appeal and disposed of accordingly.
Y.M. Pande, Director and 1st Appellate Authority
Nodal Officer Details:-
Telephone Number
23385346
6-It is submitted before the Honble Sir that whether it is not wrong practice prevalent in this largest democracy in the world that files are missing and offenders are set scot free. Under Article 32, Right to justice is the fundamental right of a citizenry but where is this right if the file will remain missing in a cryptic manner. Every judicial reform is cheating with the citizenry if such matters concerned with wide public interest will be overlooked by core ministry like the ministry of law and justice of the central government.
    This is a humble request of your applicant to you Hon’ble Sir that how can it be justified to withhold public services arbitrarily and promote anarchy, lawlessness and chaos in an arbitrary manner by making the mockery of law of land? This is need the of the hour to take harsh steps against the wrongdoer in order to win the confidence of citizenry and strengthen the democratic values for healthy and prosperous democracy. For this, your applicant shall ever pray you, Hon’ble Sir.                                                          Yours sincerely
Date-24/09/2017              Yogi M. P. Singh, Mobile number-7379105911, Mohalla- Surekapuram, Jabalpur Road, District-Mirzapur, Uttar Pradesh, Pin code-231001.
3 attachments
Atul Singh sought justice from CJM Mirzapur but file is missing.pdf
546K
Whether ministry of law and justice can justify its stand by taking recourse of which it overlooked anarchy_.pdf
320K
Atul Singh submitted grievance before concerned court to get reprieve against injustice.pdf
1680K

5 1 vote
Article Rating
Subscribe
Notify of
guest
2 Comments
Oldest
Newest Most Voted
Inline Feedbacks
View all comments
Mahesh Pratap Singh Yogi M P Singh

The matter is concerned with the missing of charge sheet which was to be filed in the court of C.J.M. Mirzapur. Police says it has filed the charge sheet and court staffs deny it and consequently all the accused were set scot-free in a cryptic manner.
Aforementioned e-mail representation as a PDF attachment to the appeal submitted under subsection 1 of section 19. This PDF document is also attached to this second appeal under subsection 3 of section 19.

Preeti Singh
3 years ago

There are so many cases in which court documents are missed so you may provide access to information regarding the action plan, minutes of proceedings in order to curb such practices by the ministry of justice.
4-Neither state concerned nor central government redressing the grievance of the vulnerable section on the flimsy ground so provide feedback which may be instrumental in seeking justice in such cases of file missing.