Letter Dated 20-12-2012 to The Chief Secretary, Government of Maharashtra

7/30/2019 Letter Dated 20-12-2012 to The Chief Secretary, Government of Maharashtra

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From 20.12.2012

Dr. V.S. Prasanna Rajan,

12-13-691-A, G-1,

Madhuban, Street 13, Lane 3,

Nagarjuna Nagar, Tarnaka, Secunderabad 500017.

To

The Chief Secretary,

Government of Maharashtra, Mumbai.

Sir / Madam,

Sub: Strict implementation of Sections 8(1) (a), (g) read with Sections 21, 22 of the RTI act, 2005 by the public authorities Reg.

Refs [1] India Human Rights Report Quarterly January June 2011 Issue 3 & 4 http://www.achrweb.org

[2] http://ibnlive.in.com/news/rti-activist-shot-dead-in-maharashtra/233920-3.html

[3] http://righttoinformation.info/974/list-of-rti-activists-killed/

I hereby bring to your attention the reports vide Refs.[1-3], wherein, the chronology of the killing of the RTI activists

in Maharashtra, seeking to expose corruption are reported.

In this connection, it is brought to your attention that as per the media report, a known example of a citizen losing his life for

the exposing the corruption in the relevant department / organization, started from the murder of Shri. Satyendra Dubey, in the

year 2003, followed by the killing of Shri. Shanmugam Manjunath, working for the Indian Oil Corporation, in the year 2005.

Obviously, the above incidents are just a sample of numerous incidents proving the violation of the Right to Life and Liberty

(guaranteed under Article.21 of the Constitution of India) , of the citizens, taking initiatives for a corruption free, transparent

and accountable functioning of public authorities.

In this connection, it is mentioned that the whistle blowers / citizens seeking to expose corruption or any other irregularities in

the functioning of public authorities are threatened and also suffer from grievious injuries ( mental and physical ) and / or

sometimes even killed by vested interests who will be exposed by the acts of the whistle blowers. The identity of the citizens /

whistle blowers are leaked to the vested interests by the public servants who have access to the representations made by such

citizens / whistle blowers, because of which the sufferings / trauma mentioned above, are frequently reported by the media.

Furthermore, the class of genuine RTI activists seeking to expose corruption or any other irregularities in the functioning of

public authorities, suffer from false, vague criminal cases and unnecessary procesutions , proceedings before the concerned

authorities, just because of their act of exposing the corruption and irregularities in the public authorities through the use of RTIact, 2005.

Viewed from the point of the Constitutional framework, the citizens taking initiatives for a corruption free, transparent and

accountable government, are those who perform their constitutional duty enshrined under Article.51.A of the Constitution of

India, ( High Court of New Delhi in Crl. M.C. 2793/2009 Aniruddha Bahal Versus State) and the Whistle Blowers obviously

belong to those class of citizens.

It is the mandatory duty of the State, to protect against the violation of Right to Life and Liberty of its citizens and also the

Whistle Blowers, who perform their constitutional duty enshrined under the aforesaid article in the Constitution of India .

Moreover, any function / procedure affecting the life and liberty of any person under Article.21 of the Constitution of India,

should be fair, just, reasonable, and TIME BOUND. It cannot be fanciful, arbitrary or oppressive.

The aforesaid fact is reiterated by the Honorable Supreme Court in Hussainara khatoon v. State of Bihar , Sheela Barse v.Union of India ,Raghubir Singh v. State of Bihar in the context of Right to Speedy trial being implicit in Article.21 of the

Constitution of India.

In this context, it is mentioned that the already existing provisions of Section 8(1) (a), (g), read with Section 21, Section 22 of the

RTI act, 2005, when strictly implemented by the public authorities, provides substantial protection guaranteed by the Article.21,

for the citizens / Whistle-blowers/ persons who perform their constitutional duty under Article.51-A of the Indian Constitution by

initiatives for a corruption free, transparent and accountable functioning of public authorities.

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The relevant sections of the RTI act, 2005, as cited herein this letter are reproduced below -

Section 8(1) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen,

(a) - information, disclosure of which would lead to incitement of an offence

(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

Section 21. No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done orintended to be done under this Act or any rule made thereunder.

Section 22 - The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official

Secrets Act, 1923, and any other law for the time being in force or in any instrument having effect by virtue of any law other than

this Act.

Section 8(1)a,g read with section 22 of the RTI Act, 2005 when implemented in letter and spirit by the public authorities,provides affective check against leaking the identity of the whistle blower / RTI activists by the public servants to those vested

interests, who are threatened by the exposure / investigation / prosecution by the concerned authorities by taking action on the

petition / RTI applications filed by the whistle blowers / RTI activists.

Section 21 read with section 22 of the RTI act, 2005 when implemented in letter and spirit by the public authorities, provides

effective check against malicious prosecutions and filing of vague criminal cases on genuine whistle blowers / RTI activists.

Moreover, with regard to the implementations / enforcement of the provisions of a statute by the public servants as per necessity

/ as per the exigencies of the situation, I hereby place on record, Section 14 of General Clauses Act 1897, which states that -

Powers conferred to be exercisable from time to time.- (1) Where, By any (Central Act) or Regulation made after the

commencement of this Act, any power is conferred then (unless a different intention appears) that power may be exercised from

time to time as occasions requires. This section applies also to all (Central Acts) and Regulations made on or after the fourteenth

day of January, 1887.

Hence, in light of all the aforesaid legal provisions placed on record, it is absolutely necessary that in order to protect the life

and liberty guaranteed under article.21 of the constitution of India, for those dutiful citizens / whistle blowers taking initiatives to

expose corruption or any other irregularities, maladministration in the functioning of public authorities, thereby performing their

constitutional duty enshrined under Article.51.A of the Constitution of India, from being violated by vested interests, suitable

instructions, guidelines, official memorandum be issued in public interest, by the nodal department in the Government of

Maharashtra, for the implementation of the RTI act, 2005, to all the public autorities under the said act ( under state governments

) , for the strict implementation of Sections 8(1) (a), (g) read with Sections 21, 22 of the RTI act, 2005.

With regard to the time bound disposal of this letter / representation from the public by public functionaries, it is held by

the judiciary that expeditious disposal of applications / letters / representations by the public officials is a right ingrained in

Article 21 of the Constitution of India. The relevant portion of the judgment in Writ Petition No. 8348 of 2009 by the High Court

of Judicature at Bombay, Appellate Side, Bench at Aurangabad is placed here on record -

Indubitably, expeditious decision on the representation or application is a right ingrained in Article 21 of the Constitution of

India. Even when no period of limitation to dispose of representation / application is prescribed under statute, it has to be done

expeditiously within a reasonable time (see Bharat Steel Tubes Ltd. V/s State of Haryana - [ (1988) 3 S.C.C., 478 ]. That is the duty

cast upon the officials. For, existence of power to decide such application / representation is coupled with duty to decide the same

expeditiously. It will not be out of place to restate the legal position expounded by the Division Bench of this Court in a recent

decision in the case of Vaishali Atmaram Suryawanshi V/s the State of Maharashtra in Writ Petition No.7055/2009 decided on

16th December, 2009. Notably, due to the inaction of the Authority (officials), not only the citizen has to suffer the agony of

uncertainty and delayed justice, but at the same time the State exchequer is incurred on legal proceedings, which is wholly

avoidable.

The said court further mandated the Chief Secretary to issue appropriate instructions or circular for expeditious disposal of

any application / representation from the public, including appropriate Departmental action for dereliction of duty. The relevant

portion of the judgment in the aforesaid writ petition, is placed here in on record -In our view, the Chief Secretary of the State of

Maharashtra should issue appropriate instructions or circular to all the concerned officials of the respective departments, not

only to one referred to above, but a general circular, instructing all the Departments that if the officials are required to dispose of

any application or representation under the provisions of law they shall do so within a reasonable time and in any case not later

than the time specified in the said circular, failing which the concerned official will be held personally responsible and may be

proceeded for appropriate Departmental action including for dereliction of duty.

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With regard to the functioning of the public authorities in a responsible and accountable manner, I hereby place on record, the

portion of the judgment given by the Honorable Apex court in AIR 1997 SUPREME COURT 2133 Superintending Engineer,

Public Health, U. T. Chandigarh v. Kuldeep Singh - Every public servant is a trustee of the society and in all facets of public

administration; every public servant has to exhibit honesty, integrity, sincerity and faithfulness in implementation of the political,

social, economic and constitutional policies to integrate the nation, to achieve excellence and efficiency in the public

administration. The Constitution has trusted the public servant as honest administrator to effectuate public policy and

constitutional goals.

The mentioned judgment by the Honorable Apex Court clearly implies the mandatory professional standards of excellence

expected of public officers in discharge of their official duties.

With regard to the disposal of the just claims from the public by the public authorities, the Honorable apex court in Madras

Port Trust vs Hymanshu International AIR 1979 SC 1144, 1985 (5) ECR 2310 SC said It is high time that governments and

public authorities adopt the practice of not relying upon technical pleas for the purpose of defeating legitimate claims of citizens

and do what is fair and just to the citizens. Of course, if a government or a public authority takes up a technical plea, the Court

has to decide it and if the plea is well founded, it has to be upheld by the court, but what we feel is that such a plea should not

ordinarily be taken up by a government or a public authority, unless of course the claim is not well-founded and by reason of

delay in filing it, the evidence for the purpose of resisting such a claim has become unavailable.

Also, a catena of decisions by the Indian Judiciary cited below, decided in favor of disposal of just claims from the public by

the public authority without rejecting the said claim by technical and /or frivolous reasons.

a) A procedural law is always in aid of justice, not in contradiction or to defeat the very object which is sought to be achieved.

[Saiyad Mohd. V Abdulhabib, (1988) 4 SCC 343]

b) A Party cannot be refused just relief merely because of some mistake, negligence, inadvertence or even infraction of the rules

of procedure. The Rules of Procedure are intended to be a handmaid to the Administration of Justice and they must therefore

be construed liberally and in such manner as to render the enforcement of substantive rights effective. [Ram Manohar Lal

Vs NBM Supply, AIR 1969 [17-03-1969 SC]

c) Common sense should not be kept in the cold storage when pleadings are construed. Parties win or lose on substantial

questions, not on technical tortures and Courts cannot be "abettors". [Noronha V Prem Kumari, AIR 1980.]

d) Every venial defect or error not going to the root of the matter cannot be allowed to defeat justice or afford an excuse to the

Government or a Public Officer to deny just claim. [Jones V Nicholls, (1844) 13 M & W 361.]

The Honorable Supreme Court of India, in Lucknow Development Authority V/s. M.K. Gupta [CITATION: 1994 AIR 787

1994 SCC (1) 243 JT 1993 (6) 307 1993 SCALE (4)370] has emphasized the sovereignty of the citizens and the accountability ofthe public authorities to the statutory authorities or the courts in the following words - Under our Constitution sovereignty

vests in the people. Every limb of the constitutional machinery is obliged to be people oriented. No functionary in exercise of

statutory power can claim immunity, except to the extent protected by the statute itself. Public authorities acting in violation of

constitutional or statutory provisions oppressively are accountable for their behavior before authorities created under the

statute like the commission or the courts entrusted with responsibility of maintaining the rule of law.

Taking cognizance of the facts on record so placed in this letter, I hereby request the Chief Secretary / any other competent

authority, that suitable binding instructions, guidelines, official memorandum be issued in public interest, by the concerned

Department / nodal department under the Government of Maharashtra, for the proper implementation of the RTI act, 2005 in

letter and in spirit, to all the public authorities under the said act (under the state government ) , for the strict implementation of

Sections 8(1) (a), (g) read with Sections 21, 22 of the said act, so that the life and liberty of the citizens / whistle blowers seeking to

expose corruption, any other irregularities, maladministration in the functioning of the public authorities are protected, thereby

upholding the fundamental right guaranteed under article.21 of the constitution of India.

Thanking You,

Sincerely Yours,

V.S. Prasanna Rajan.

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Lod ge a Gr ie v an ce Lod ge Re m in de r/ Cla rif ica t ion V ie w St a t us Ch a ng e Pa sswo rd Forg ot Pa sswo rd

Grievance R egist rat ion F orm

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* Grievance Pertains to Government of Maharashtra

* Name Dr V S Prasanna Rajan

Complainant Category M al e Fe m al e Ot he rs ( I f a n org an isa ti on)

Do You w ant to have a Passw ord for this Grievance? Yes No

* Address 12-13-691-A, G-1, Madhuban, Street 13

Lane 3, Nagarjuna Nagar, Tarnaka

Secunderabad

Pincode 500017Country India

State Andhra Pradesh

Phone No.(I SD Code+STD Code-without '0' prefix+Tel.No) eg : 91 11 23 36 76 88

Mobile No(I SD Code & Mobile Number)eg : 91 99 99 99 99 99

Emai l I d.

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To

The Chief Secretary,

Government of Maharashtra,

Mumbai.

Enclosed herewith this representation, an attached file containing a three page letter

Dated.20.12.2012 connected to the strict implementation of the provisions of Sections

8(1)(a),g read with sections 21,22 of the RTI Act, 2005 by the public authorities under thegovernment of Maharashtra. Taking cognizance of the facts on record so presented in the

attached letter, with this representation, I hereby request you to do the needful.

Thanking You,

Sincerely Yours, V.S.Prasanna Rajan.

* Have you earl ier lodged the grievance to the above

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S t a t u s as o n 2 0 D e c 2 0 1 2

Re g ist ra ti on N u m be r : G O VM H / E/ 2 0 1 2 / 0 2 0 2 7

Name Of Complainant :Dr V S Prasanna Rajan

Date of Receipt :20 Dec 2012

Received by :Government of Maharashtra

Officer name :Shri. P.S. Meena

Officer Designation : Principal Secretary

Contact Addr ess :General Admn. Deptt.,

Room No. 530 Main, Mantralaya,

Mumbai400032

Contact Num ber :022-22027151

Grievance Description :To The Chief Secretary, Government of Maharashtra, Mumbai. Enclosed herewith this representation, anattached file containing a three page letter Dated.20.12.2012 connected to the strict implementation of the

provisions of Sections 8(1)(a),g read with sections 21,22 of the RTI Act, 2005 by the public authorities under the

government of Maharashtra. Taking cognizance of the facts on record so presented in the attached letter, with

this representation, I hereby request you to do the needful. Thanking You, Sincerely Yours, V.S.Prasanna Rajan.

Cu rrent Sta tus : RECEI V ED TH E GRI EV AN CE

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Letter Dated 20-12-2012 to The Chief Secretary, Government of Maharashtra