First Appeal against misleading RTI reply by Mr. Krishan Talwar, Deputy Secretary and CPIO, CIC New Delhi pertaining to Life and liberty of an underground Appellant in the garb of section 2 (f) of the RTI Act 2005
CPIO says, "advise, response to queries/questions, opinion, reason are not covered under section 2(f) of RTI Act, 2005".
However, RTI request is very much covered under section 2(f) of RTI Act 2005. As per the definition of section 2(f) of RTI Act 2005,
Section 2(f) of RTI Act 2005 reads as "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”.
Test Identification Parade & Dying Declaration.pptx
First Appeal dated 16.03.2018 against CIC
1. First Appeal
1
Date: 16/03/2018
Ref: RTI reply vide File No. CICCOM/R/2018/50164/CR-1
dated 15.03.2018 by Deputy Secretary & CPIO, Central
Registry-1, CIC New Delhi.
From:
Om Prakash
S/O Late Shri Deep Narayan Poddar
E-mail: om.poddar@gmail.com
To,
Shri Rakesh Kumar Singh
First Appellate Authority & Additional Secretary
Central Information Commission
Room No. 502 5th
Floor,
Baba Gang Nath Marg, Munirka
Near Old JNU Campus,
New Delhi-110067
Sub: First Appeal under Right to Information Act
2005.
Sir,
I regret that Mr. Krishan Talwar, Deputy Secretary &
CPIO refused to supply information pertaining to
“Life & liberty” in the garb of section 2(f) of the
RTI Act 2005.
Matter pertains to imminent danger to Life and
Liberty of an underground appellant therefore
information has been sought in view of section
7(1) of RTI Act 2005.
Hence, either you can supply the information sought
against non-implementation of section 7(1) of RTI Act
by CIC which has resulted in Planned Judicial Murder
2. First Appeal
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of Appellant NO.02 Smt. Asha Rani Devi on 11.11.2017
and forced Appellant No.01 Mr. Om Prakash to become
underground due to imminent danger to “Life and
Liberty” or else you can order him to supply the same
satisfactorily, or supply the same as per the rules
under RTI Act-2005. My point wise averments and
arguments are as under:
Requested Information: 1.)
When diary No 183722 of 2016 and diary No 170189 of
2017 pertaining two states jurisdictions namely Bihar
and Delhi filed against department of justice
government of India will be allotted file number by
CIC New Delhi and will be heard by CIC new Delhi as
the delay would cause another planned murder of
appellant no 01 Om Prakash?
Requested Information: 2.)
Why F. NO. CIC/CICOM/A/2017/119689 filed against non-
implementation of section 7(1) of RTI Act and F. NO.
CIC/CICOM/A/2017/126308 filed against non-disclosure
of complaint information at the website of CIC New
Delhi have been put before single bench of Divya
Prakash Sinha IC CIC New Delhi while Rtd. justice S.
B. Sinha is involved into the planned murder of
appellant no 02 and posing imminent danger to the
life and liberty of appellant no 01?
Requested Information: 3.)
When F.NO. CIC/CICOM/A/2017/119689 and F.NO.
CIC/CICOM/A/2017/126308 will be heard under full
bench of Non Bihari ICs of CIC New Delhi?
Supplied Information: 1 to 3.)
Not covered under section 2(f) of RTI Act, 2005, as
your good self is seeking advise, response to
queries/questions, opinion, reason etc.
3. First Appeal
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Argument and reasons for full information:
1.Aggrieved by the refusal of reply dated
15.03.2018 pertaining to imminent danger to “Life
& liberty” in the garb of section 2(f) of the RTI
Act 2005 furnished by the CPIO, CIC under File
No. CICCOM/R/2017/50113/CR-1, the appellant has
preferred this First Appeal under Right to
information Act 2005.
2.That the CPIO refused to reply the questions
pertaining to imminent danger to “Life & liberty”
of an underground appellant in the garb of
section 2(f) of the RTI Act, 2005.
However, RTI request is very much covered under
section 2(f) of RTI Act 2005. As per the
definition of section 2(f) of RTI Act 2005,
Section 2(f) of RTI Act 2005 reads as
"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”.
3. That D.NO. 183722 has been filed in 2016
by the appellant and since then it is missing
from the CIC record. When additional documents
against D.NO. 183722 of 2016 have been filed as
linked paper by the appellant then facilitation
memo vide D. NO.16935 of 2017 issued by CIC for
cure of defects and after curing defects
4. First Appeal
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subsequently D.NO. 170189 of 2017 came into
existence.
4. That status of D.NO. 170189 is also
tempered by the CIC at the website. Earlier it
was showing “under review by DR” later it is
showing “returned to sender”. Facilitation memo
against D.NO. 170189 of 2017 is also tempered by
CIC. Earlier it was addressed to “the Secretary,
State Information Commission, Bihar” later it is
addressed to “the State Information Commission
Bihar”
5. That on the contrary, the F.NO.
CIC/CICOM/A/2017/119689 and F.NO.
CIC/CICOM/A/2017/126308 have been put up before
single bench of Divya Prakash Sinha, IC, CIC, New
Delhi while as per the text of the RTI request,
First Appeal and Second Appeal, Rtd. justice S.
B. Sinha is involved into the planned murder of
appellant no 02 Smt. Asha Rani Devi and posing
imminent danger to the life and liberty of
appellant no 01. Therefore, it is necessary to
list this sensitive matter before full bench of
Non-Bihari ICs of CIC to avoid obvious bias and
in the furtherance of justice.
6. That non-implementation of section 7(1)
of RTI Act 2005 against Second Appeal vide D.NO.
183722 of 2016 and vide D. NO. 170189 of 2017 by
CIC, New Delhi has resulted in planned judicial
murder of Appellant No.02 Smt. Asha Rani Devi on
11.11.2017. The present RTI request is interlinked
with below mentioned matters filed before CIC,
New Delhi and heard by CIC.
5. First Appeal
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7. The material evidences of planned
judicial murder of Appellant No.02 Smt. Asha Rani
Devi have been filed as Written Submission vide
D.NO. 160115 dated 30.08.2017; vide D.NO. 181770
dated 08.12.2017; vide D.NO. 100707 dated
03.01.2018; vide D.NO.103410 dated 16.01.2018;
vide D.NO. 611990 & 611991 dated 12.02.2018
before Chief of CIC New Delhi at the time of
hearing of Complaint No. CIC/MOLAJ/C/2016/299945;
Appeal No. CIC/SCOFI/A/2017/113204; Appeal No.
CIC/SCOFI/A/2017/122864 and Appeal No.
CIC/SCOFI/A/2017/139611 respectively.
8. That the delay in supplying information
against Second Appeal vide D.NO. 183722 of 2016
and vide D. NO. 170189 of 2017 by CIC New Delhi
would cause another Planned judicial Murder of
Appellant No.01 shri OM PRAKASH as it is
interlinked with above mentioned matters filed
before CIC and heard by CIC.
9.That in view of the above circumstances, the
information is very crucial for the life and
liberty of the underground appellant; which has
not been supplied by CPIO, CIC, New Delhi.
10. Hence, information to be supplied in
accordance with RTI Act 2005.
11. Appellant falls under below the poverty line
Category hence requisite fees not enclosed with
this First Appeal.
12. The appellant is filing the present First Appeal
before the First Appellate Authority, CIC, New
Delhi to seek reply of questions pertaining to non-
implementation of section 7(1) of RTI Act by CIC
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New Delhi and Non-disclosure of Complaint
information/data concerning “Life and Liberty” at
the website of CIC New Delhi which has resulted in
Planned Judicial Murder of Appellant NO.02 Smt.
Asha Rani Devi on 11.11.2017 and forced Appellant
No.01 Mr. Om Prakash to become underground due to
imminent danger to “Life and Liberty”.
DRAWN & FILED BY:
APPELLANT IN PERSON
OM PRAKASH
NEW DELHI:
FILED ON : 16.03.2018