Whether judicial reform is feasible if F.A.A. of department of justice will adopt such reluctant approach?

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 explanation, opine, comment or advise on any matter. Therefore, there is no ground for making 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

Online RTI Appeal Form Details 

RTI Appeal Details :-
   
RTI Appeal Registration number JUSTC/A/2017/60049
Public Authority Department of Justice
   
Personal Details of Appellant:-
Request Registration Number JUSTC/R/2017/51051
Request Registration Date 30/07/2017
Name Yogi M P Singh
Gender Male
Address Mohalla Surekapuram , Jabalpur Road, District Mirzapur
Pincode 231001
Country India
State Uttar Pradesh
Status Urban
Educational Status Literate
  Above Graduate
Phone Number Details not provided
Mobile Number +91-7379105911
Email-ID yogimpsingh[at]gmail[dot]com
Appeal Details :-
Citizenship Indian
Is the Requester Below Poverty Line ? No
Ground For Appeal Provided Incomplete,Misleading or False Information
CPIO of Public Authority approached D. C. Pathak
CPIO’s Order/Decision Number Details not provided
CPIO’s Order/Decision Date
(Description of Information sought (upto 500 characters)
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 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 institution, disposal, pendency of cases in courts and monitoring the status of under trial prisoners.
Initiate policy measures for judicial reforms.
Supporting document (only pdf upto 1 MB)
Mahesh Pratap Singh Yogi M P Singh <yogimpsingh@gmail.com>
Whether ministry of law and justice can justify its stand by taking recourse of which it overlooked anarchy.
1 message
Mahesh Pratap Singh Yogi M P Singh <yogimpsingh@gmail.com> 17 August 2017 at 20:04

To: pmosb <pmosb@pmo.nic.in>, presidentofindia@rb.nic.in, urgent-action <urgent-action@ohchr.org>, supremecourt <supremecourt@nic.in>, cmup@up.nic.in, Anjali Anand Srivastava <secy-cic@nic.in>, hgovup@up.nic.in, uphrclko <uphrclko@yahoo.co.in>
Cc: “sec. sic” <sec.sic@up.nic.in>


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 cryptic manner.
17 August 2017
00:51
With great respect to revered Sir, your applicant invites the kind attention of the Hon’ble Sir to the following submissions as follows.
1-It is submitted before the Hon’ble Sir that
Sought information from ministry of law and justice-
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. 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 following point wise 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 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 vulnerable section on flimsy ground so provide feedback which may be instrumental in seeking justice in such cases of file missing.
2-It is submitted before the Hon’ble Sir that
Whether following is proper reply-
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 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 subordinate judiciary in the States vests with the concerned High Court and the respective State Government. Further, in excise of powers conferred under provision to Article 309 read with Article 233 and 234 of the Constitution, the State Government frames Rules and Regulation for 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
3-It is submitted before the Hon’ble Sir that ministry of law and justice, government of India
Telling about the function of High court of judicature and state government but not about its own function.
Function
  1. Appointment, resignation and removal of the Chief Justice of India, Judges of the Supreme Court of India and High courts; their salaries, rights in respect of leave of absence (including leave allowances), pensions and travelling allowances.
  2. Constitution and organization (excluding jurisdiction and powers) of the Supreme Court (but including contempt of such Court) and the fees taken therein.
  3. Constitution and organization of the High courts and the courts of Judicial Commissioners except provisions as to officers and servants of these courts.
  4. Constitution and organization of courts in the Union Territories and fees taken in such courts.
  5. Administration of funds approved under Finance Commission awards.
  6. Collection of data on institution, disposal, pendency of cases in courts and monitoring the status of under trial prisoners.
  7. Initiate policy measures for judicial reforms.
  8. Setting up and operationalisation of National Mission for Justice delivery and Legal reforms.
  9. Creation of All India Judicial Service (AIJS).
  10. Implementation of various schemes to facilitate development and modernization of infrastructure for judiciary.
  11. Strengthening Department of Justice – e-office, statistical wing, revamp official website, training and augmentation of human resources
4-It is submitted before the Hon’ble Sir that
Central Government Act
Article 235 in The Constitution Of India 1949

 
235. Control over subordinate courts The control over district courts and courts subordinate thereto including the posting and promotion of, and the grant of leave to, persons belonging to the judicial service of a State and holding any post inferior to the post of district judge shall be vested in the High Court, but nothing in this article shall be construed as taking away from any such person any right of appeal which he may under the law regulating the conditions of his service or as authorising the High Court to deal with him otherwise than in accordance with the conditions of his service prescribed under such law
5-It is submitted before the Hon’ble Sir that
Article 309 in The Constitution Of India 1949

 
309. Recruitment and conditions of service of persons serving the Union or a State Subject to the provisions of this Constitution, Acts of the appropriate Legislature may regulate the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of the Union or of any State: Provided that it shall be competent for the President or such person as he may direct in the case of services and posts in connection with the affairs of the Union, and for the Governor of a State or such person as he may direct in the case of services and posts in connection with the affairs of the State, to make rules regulating the recruitment, and the conditions of service of persons appointed, to such services and posts until provision in that behalf is made by or under an Act of the appropriate Legislature under this article, and any rules so made shall have effect subject to the provisions of any such Act
6-It is submitted before the Hon’ble Sir that
Central Government Act
Article 234 in The Constitution Of India 1949

 
234. Recruitment of persons other than district judges to the judicial service Appointment of persons other than district judges to the judicial service of a State shall be made by the Governor of the State in accordance with rules made by him in that behalf after consultation with the State Public Service Commission and with the High Court exercising jurisdiction in relation to such State
7-It is submitted before the Hon’ble Sir that
Central Government Act
Article 233 in The Constitution Of India 1949

 
233. Appointment of district judges
(1) Appointments of persons to be, and the posting and promotion of, district judges in any State shall be made by the Governor of the State in consultation with the High Court exercising jurisdiction in relation to such State
(2) A person not already in the service of the Union or of the State shall only be eligible to be appointed a district judge if he has been for not less than seven years an advocate or a pleader and is recommended by the High Court for appointment
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.
                                                             Yours sincerely
                                      Yogi M. P. Singh, Mobile number-7379105911, Mohalla-Surekapuram, Jabalpur Road District- Mirzapur, Uttar Pradesh, India.


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Mahesh Pratap Singh Yogi M P Singh

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. 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 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 vulnerable section on flimsy ground so provide feedback which may be instrumental in seeking justice in such cases of file missing.

Arun Pratap Singh
3 years ago

The observation that -this is a judicial matter. Kindly seek legal remedy- made by this Department was based on the nature of your grievance as the matter was pending in the Court of Law.यहा यही तो प्रश्न है की क्या बिना कोर्ट में फाइल गये और बिना कोर्ट में फाइल नोटिंग हुए कैसे कोर्ट ने आदेश पास कर दिया और अब फाइल कहा गायब हो गई |