Second Appeal dated 21.04.2017 before CIC New Delhi against Non-disclosure of information concerning "Life and Liberty"
1. FILING INDEX
IN THE CENTRAL INFORMATION COMMISSION
BHIKAJI CAMA PLACE, NEW DELHI
SECOND APPEAL AGAINST NON-DISCLOSURE OF COMPLAINT
INFORMATION AT THE WEBSITE OF CIC NEW DELHI
{Reference to Online Complaint u/s 18(1) of RTI Act
vide RC/UG/16/12830i3tr dated 06.08.2016
RC/UG/16/129454u8c dated 08.08.2016 and
RC/UG/16/14299dtzs dated 02.09.2016}
(In view of Section 7(1) of RTI Act 2005)
IN THE MATTER OF:
OM PRAKASH & ANR ……APPELLANT(S)
VERSUS
THE REGISTRAR & ANR …… RESPONDENT(S)
CENTRAL REGISTRY, CIC NEW DELHI
S.N Particulars Pages
1. Second Appeal dated 21.04.2017 1-10
2. Reply by FAA dated 20.04.2017
through Online
11-12
2. 3. First Appeal dated 11.04.2017
through online
13-21
4. RTI Reply by CPIO dated 11.04.2017 22
5. RTI request dated 17.03.2017
through online
23-24
6. Reply of JS Admin CIC dated
22.03.2017
25
7. Email to DS CR-1 CIC dated
12.04.2017 in response to Order
dated 11.04.2017 by DS CR-1 CIC
26-28
8. Email to DS CR-1 CIC dated
20.04.2017 in response to Order
dated 20.04.2017 by FAA, CIC, New
Delhi
29-30
Appellant in Person
Filed on: 21.04.2017 Om Prakash
Diary No.126308
(Widow Asha Rani Devi)
On behalf of Appellant No.02
RZF-893, Netaji Subhash Marg
Raj Nagar, Part-2, Palam Colony
New Delhi-110077, Dwarka Sector-08
Mob:9968337815
Email:om.poddar@gmail.com
3. Date: 21/04/2017
Ref: RTI reply vide File No.
CICCOM/R/2017/50113/CR-1 dated 11.04.2017 by
Deputy Secretary & CPIO CIC New Delhi & reply by
FAA CIC New Delhi vide File No.
CICOM/A/2017/60041 dated 20.04.2017
From:
Om Prakash Poddar
S/O Late Shri Deep Narayan Poddar
R/O RZF-893, Netaji Subhas Marg
Raj Nagar Part-2, Palam Colony,
New Delhi-10077
Mob: 9968337815
E-mail: om.poddar@gmail.com
To,
The Second Appellate Authority
Chief Information Commissioner
Central Information Commission
2nd
Floor, B Wing
August Kranti Bhawan
Bhikaji Cama Place
New Delhi-110066
Sub: Second Appeal under Right to Information Act
2005.
Sir,
I am thankful to Shri Krishan Avtar Talwar,
Deputy Secretary cum CPIO & Shri Rakesh Kumar
Singh, FAA CIC, New Delhi for admitting the fact
of non-availability of record concerning “Life
and Liberty” matter at the computerized Dak
Management System of CIC website. They have
supplied partial information satisfactorily and
4. not supplied the remaining information in the
garb of dehors section 2(f) of the RTI Act 2005.
Matter pertains to imminent danger to Life
and Liberty of a Senior Citizen oxygen
dependent woman therefore information has
been sought in view of section 7(1) of RTI
Act 2005
Hence, either you can supply the information
against the remaining questions sought pertaining
to Non-disclosure of complaint Information at the
Website of CIC New Delhi or else you can order
them 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.)
Why neither Diary number nor file number has been
allotted against online complaint no.
RC/UG/16/12830i3tr dated 06.08.2016 and
RC/UG/16/129454u8c dated 08.08.2016and
RC/UG/16/14299dtzs dated 02.09.2016 by Central
Registry CIC New Delhi as on date?
Requested Information: 2.)
Why Non-disclosure of information against online
complaint no. RC/UG/16/12830i3tr dated 06.08.2016
and RC/UG/16/129454u8c dated 08.08.2016 and
RC/UG/16/14299dtzs dated 02.09.2016 at the
website of CIC New Delhi as on date?
Requested Information: 3.)
Why Central Registry CIC New Delhi has virtually
suppressed the record of online complaint no.
RC/UG/16/12830i3tr dated 06.08.2016 and
RC/UG/16/129454u8c dated 08.08.2016 and
RC/UG/16/14299dtzs dated 02.09.2016 against
Registrar (Admin) Patna High Court?
Requested Information: 4.)
What action has been taken against the online
complaint no. RC/UG/16/12830i3tr dated 06.08.2016
5. and RC/UG/16/129454u8c dated 08.08.2016 even
after submission of signed hard copy through
speed post vide ED746382415IN dated 09.08.2016
and delivered on 11.08.2016 to the CIC New Delhi?
Requested Information: 5.)
Why Central Registry CIC is protecting and
shielding bad elements of State Apparatus and
offending, victimizing the Senior Citizen, rural,
uneducated common widow woman since 06.08.2016?
Supplied Information: 1 to 5.)
As per the computerized Dak Management System,
your online compliant no. RC/UG/16/12830i3tr
dated 06.08.2016 was diarized vide dairy no.
166020 dated 20.08.2017, after scrutiny it has
been registered vide file no.
CIC/MOLAJ/C/2016/299945.
As per the computerized Dak Management System,
there is no record available in respect of
complaints filed vide no. RC/UG/16/129454u8c
dated 08.08.2016 and RC/UG/16/14299dtzs dated
02.09.2016; you may, however provide a copy of
duly signed complaints along with relevant
enclosures by name to undersigned, so that action
on the same. May be taken other issues raised by
you dehors section 2(f) of the RTI Act, 2005
Argument and reasons for full information:
1.Aggrieved by the partial reply dated
11.04.2017 and dated 20.04.2017 furnished by
the CPIO & FAA, CIC, under File No.
CICCOM/R/2017/50113/CR-1 and
CICOM/A/2017/60041 respectively, the
appellant has preferred this Second Appeal
under Right to information Act 2005.
6. 2.That the CPIO and FAA refused to reply the
remaining questions in the garb of “other
issues raised by you dehors section 2(f) of
the RTI Act, 2005”
However, the other issues raised by the
appellant are not dehors section 2(f) of the
RTI Act 2005.
It is very much within the scope 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 DS CR-1 cum CPIO & FAA CIC has ordered
the appellant to supply copy of duly signed
complaints along with relevant enclosures by
name to undersigned, so that action on the
same. May be taken other issues raised by the
appellant dehors section 2(f) of the RTI Act,
2005.
4.That the appellant has supplied the same
twice. Initially, through speed post vide
ED746382415IN dated 09.08.2016 and delivered
on 11.08.2016 to the CIC New Delhi and lately
through visiting physically on 05.12.2016 to
the chamber of Registrar, Central Registry
CIC, New Delhi. The appellant has submitted
duly signed hardcopy of the same demonstrably
proving the imminent danger to life and
7. liberty and verbally appraised the gravity of
the situation to the Registrar CIC, New
Delhi. In turn, Registrar, CIC has marked the
same to the then DS, CR, CIC in front of the
appellant for necessary action.
5.That the appellant has again supplied the
same third time to the DS CR-1 CIC New Delhi
dated 12.04.2017 and dated 20.04.2017 through
email as per the Order dated 11.04.2017 and
Order dated 20.04.2017 by CPIO & FAA, CIC New
Delhi respectively.
6.That JS(Admin) of CIC has sent an email reply
dated 22.03.2017 to the appellant in response
to a query for the requirement of signed copy
against online complaint/appeal, wherein he
states, “signed copies are not required for
online 2nd
appeals/complaints.”
7.That the main accused in this matter are Rtd.
Justice Mr. S.B. Sinha and Mr. Praveen Kumar
(IDAS) & CMD of IDPL, New Delhi. Writ Civil
90 of 2016 and Writ Criminal D.NO. 2188 of
2017 have been filed against Mr. Praveen
Kumar (IDAS) before Hon’ble Supreme Court of
India. The Police Complaint u/s 200 Cr.Pc.
and u/s 154(3)Cr.Pc. vide diary no. 37B dated
30.05.2016, computerized complaint no.
00081710571601332 before P.S. Palam Village,
South West District at New Delhi has also
been filed by the appellants for registration
of F.I.R against Rtd Justice Mr. S.B. Sinha,
Mr. Surender Narayan Poddar, Rtd. Baruni
Refinery employee and Mr. Praveen Kumar
(IDAS)& CMD of IDPL at New Delhi. However,
police has not registered F.I.R against the
accused so far.
8. 8.That suppression of record concerning Life
and Liberty at the website of CIC New Delhi
alarms infiltration of bad elements inside
the CIC and also raises serious concern for
revamping the internal system of CIC New
Delhi in the larger public interest and in
the interest of protecting the very purpose
of CIC as an anti-corruption institution.
9.That suppression of record concerning Life
and Liberty at the website of CIC New Delhi
also depicts planned murder of the
appellants.
10. That the new website of CIC does not
generate transparent data sheet of complaint
like previously generated datasheet which
contained all information as evidence with
the complainant. The new redesigned website
only generates diary numbers and keep all the
text material and enclosure documents
confidential. This weakens the
complainant/appellant and makes them
handicapped and helpless citizen. In turn, it
strengthens the corrupt officials and paves
the way for manipulations. Moreover, it has
defeated the very object of RTI Act. The
basic object of the Right to Information Act
is to empower the citizens, promote
transparency and accountability in the
working of the Government, contain
corruption, and make our democracy work for
the people in real sense. Secondly, new
website does not accept online complaint. It
accepts only second appeal.
11. That the appellant has been illegally
confined under house arrest since 14 years by
the nexus of top level Judiciary and
9. Executives of the Country. Handicapped father
of the appellant has already been encircled
to death and the same nexus is planning to
murder the appellant and his oxygen dependent
mother in the similar fashion showing it a
natural death publically. First time, this
nexus had tried to incarcerate the appellant
and her mother through N.B.W dated 25.08.2010
which had been nullified by the Judgment of
High Court of Delhi on 23.07.2013 in
MATT.APPL. 7 of 2012. Second time again this
nexus has tried to incarcerate the appellant
and her mother through N.B.W dated 08.09.2011
u/s 83 Cr.Pc. which has been disclosed
through RTI dated 27.08.2016. After the death
of appellant no.02, no one will be left in
the family of the appellant no.01 and life
time acquired property of illiterate, before
independent born appellant no.02 will be
usurped by the Nexus of Rtd. Justice S.B.
Sinha and his associates. The illiterate,
before independence born appellant no.02 has
earned her property through ploughing her own
agricultural land, doing domestic household
works at her neighborhood and selling cow
dung. She is emotionally attached to her
property and wants to die at her own house
not in Delhi. However, she is being stopped
to visit her own house since two years due to
disclosure of N.B.W. u/s 83 Cr.Pc through RTI
dated 27.08.2016. Hence, freedom of movement
across Indian Territory has been infringed by
the Lower Court under the Judicature of Patna
High Court.
12. That the appellant has filed total seven
second appeals and four complaints u/s 18 (1)
of RTI Act before CIC New Delhi for the
interlinked subject matters with different
cause of actions for the same relief since
2010 to till date. Out of which one decision
has been announced by the CIC dated
25.09.2014 in favor of the appellant.
However, the Order of CIC has not been
complied by the Department of Legal Affairs
10. as on date. Equally, the appellant has filed
nine cases before Hon’ble the Supreme Court
of India for the interlinked subject matters
with different cause of actions for the same
relief till 03.02.2017. Fourteen year old
matter, two states jurisdiction and illegal
confinement. (SLP(C) no. 9854/2012, SLP(C)
no. 9483/2013, SLP(C) no. 19073/2013, Writ
(C) 90 of 2016, Writ (Crl.) 136 of 2016,
Review Petition (Crl.) 825 of 2016, Curative
(Crl.) D 41026 of 2016, Writ (Crl.) D.NO.2188
of 2017 and Writ (Crl.) D.NO. 3913 of 2017).
As a result of three SLPs before Supreme
Court of India, High Court of Delhi has
settled the matter with NO COST on 23.07.2013
in MAT.APPL. 7 of 2012. After the settlement
of the matter, this nexus has resurfaced with
planned murder of the appellant no.01 and 02.
13. That this nexus has misused the
Registrar of Supreme Court of India and CIC
New Delhi as a tool for stopping the
appellants to agitate the matter before
Hon’ble the Chief Information Commissioner of
CIC and before Hon’ble the Chief Justice of
India since 06.08.2016 and 03.10.2016
respectively.
14. That the appellants have made Registrar
as their party at both the places for denial
of access to information/justice.
15. That under the given circumstances the
appellants were subjected to planed judicial
murder and planned judicial encounter as the
“Life and Liberty” data was deliberately
deleted/eroded/corrupted from the website of
CIC by the bad elements of internal system of
CIC.
11. 16. That the redesigning of website does not
mean deletion of all previous official data.
Software engineers take the backup and keep
it in the archives before redesigning it.
Moreover, both the data were accessed by the
public for more than one month even after
redesigning of the CIC website.
17. That matter would have never been called
for action by the Order dated 11.04.2017 of
CPIO & Order dated 20.04.2017 of FAA, CIC New
Delhi, if the appellant would have not moved
for RTI against the non-disclosure of
information at the website of CIC, New Delhi.
18. That in view of the above circumstances,
the information is very crucial in the larger
public interest and in the interest of
appellants in particular. It has neither been
supplied by CPIO nor been supplied by FAA,
CIC, New Delhi.
19. Hence, remaining information to be
supplied in accordance with RTI Act 2005.
20. Appellant falls under below the poverty line
Category hence requisite fees not enclosed with
this Second Appeal.
21. The appellant is filing the present Second
Appeal before the Second Appellate Authority,
CIC, New Delhi to seek reply of remaining
questions pertaining to Non-disclosure of
12. Complaint information/data concerning “Life and
Liberty” at the website of CIC New Delhi.
DRAWN & FILED BY:
APPELLANT IN PERSON
OM PRAKASH
NEW DELHI:
FILED ON : 21.04.2017
(WIDOW ASHA RANI DEVI)
ON BEHALF OF APPELLANT NO.02