This is a complaint I had filed for the Public Contact Program of the Chief minister of Kerala scheduled to held at Palakkad on 13 Jun 2015. It is against the office of the Chief Minister of Kerala himself.
The RTI Act has been murdered by the bureaucrats appointed as CIC and ICs. This is an application of 21 Apr 2007 whihc i had filed with the President of India to remove the first CIC, Wajahat Habibullah
This is a complaint I had filed for the Public Contact Program of the Chief Minister of Kerala, India to be held in Palakkad on 13 Jun 2015 as per the current schedule.
This is a follow up on an earlier complaint to the Governor of Kerala to remove the information commissioners. This earlier complaint is available at http://www.slideshare.net/raviforjustice/rti-compker-govksic071107to-remove-i-cs
The RTI Act has been murdered by the bureaucrats appointed as CIC and ICs. This is an application of 21 Apr 2007 whihc i had filed with the President of India to remove the first CIC, Wajahat Habibullah
This is a complaint I had filed for the Public Contact Program of the Chief Minister of Kerala, India to be held in Palakkad on 13 Jun 2015 as per the current schedule.
This is a follow up on an earlier complaint to the Governor of Kerala to remove the information commissioners. This earlier complaint is available at http://www.slideshare.net/raviforjustice/rti-compker-govksic071107to-remove-i-cs
It is 15 years since the Right to Information Act was introduced as another piece of legislation, only to cheat the masses once again. Touted as a sunshine act, as a panacea for corruption and introduce accountability of the public servants to the public, it has grown into one of the biggest, yet unrecognized, scams over the last 15 years.
Mr Oommen Chandy, the Chief Minister of Kerala, India had gone around the districts in what was touted to be the CM's Public Contact Program. In each district 10s of thousands of complaints were filed in the offices of the District Collectors. The DCs distributed these complaints to the various authorities concerned, got their responses and these responses were given to the complainants. Needless to say these responses were typical bureaucratic responses offering no solutions whatsoever to the aggrieved citizens. In quite a few cases not even such a response was received. Here is one filed at Palakkad and for which no response has been received. This is about how the Kerala State Information Commission has been subverting the Right to Information Act.
Asia Counsel Insights provide readers a punchy update on legal and business developments in Vietnam. This edition has news on transportation mobile applications; higher education transparency measures and bancassurance.
Department of Justice refused to intervene into the felony of Registry of Supreme Court of India on the ground of "it does not come under the purview of D/o Justice as per allocation of business. Judicial matters are required to be taken up in the Court of Law"
RTI dated 31-07-2020 against Supreme Court of IndiaOm Prakash Poddar
Registration and de-registration of Fundamental Right case after 1 year by Supreme Court of India wherein one petitioner has succumbed to suspicious death under illegal lock up since 2011 another one is the next target of corrupt law enforcement agencies.
Final status of PMOPG/ E/2018/0480386 dated 09.10.2018Om Prakash Poddar
Finally Department of Justice forwarded the complaint against felony of Registry of Supreme Court of India (which PMO had forwarded to DOJ) to Secretary General of Supreme Court of India.
¿Donde están los y las ekonomistas en LinkedIn?RED ekonomista
Presentación explicando a las personas colegiadas del Colegio Vasco de economistas cómo inscribirse en LinkedIn, para posteriormente unirse al grupo ekonomista 2.0.
It is 15 years since the Right to Information Act was introduced as another piece of legislation, only to cheat the masses once again. Touted as a sunshine act, as a panacea for corruption and introduce accountability of the public servants to the public, it has grown into one of the biggest, yet unrecognized, scams over the last 15 years.
Mr Oommen Chandy, the Chief Minister of Kerala, India had gone around the districts in what was touted to be the CM's Public Contact Program. In each district 10s of thousands of complaints were filed in the offices of the District Collectors. The DCs distributed these complaints to the various authorities concerned, got their responses and these responses were given to the complainants. Needless to say these responses were typical bureaucratic responses offering no solutions whatsoever to the aggrieved citizens. In quite a few cases not even such a response was received. Here is one filed at Palakkad and for which no response has been received. This is about how the Kerala State Information Commission has been subverting the Right to Information Act.
Asia Counsel Insights provide readers a punchy update on legal and business developments in Vietnam. This edition has news on transportation mobile applications; higher education transparency measures and bancassurance.
Department of Justice refused to intervene into the felony of Registry of Supreme Court of India on the ground of "it does not come under the purview of D/o Justice as per allocation of business. Judicial matters are required to be taken up in the Court of Law"
RTI dated 31-07-2020 against Supreme Court of IndiaOm Prakash Poddar
Registration and de-registration of Fundamental Right case after 1 year by Supreme Court of India wherein one petitioner has succumbed to suspicious death under illegal lock up since 2011 another one is the next target of corrupt law enforcement agencies.
Final status of PMOPG/ E/2018/0480386 dated 09.10.2018Om Prakash Poddar
Finally Department of Justice forwarded the complaint against felony of Registry of Supreme Court of India (which PMO had forwarded to DOJ) to Secretary General of Supreme Court of India.
¿Donde están los y las ekonomistas en LinkedIn?RED ekonomista
Presentación explicando a las personas colegiadas del Colegio Vasco de economistas cómo inscribirse en LinkedIn, para posteriormente unirse al grupo ekonomista 2.0.
This is the 3rd part of a 5 part series wherein an effort has been made to expose how the public servants in India has subverted the only pro democracy, citizen friendly law in the country- the Right to Information Act. Here are some more examples of how the acts are perpetrated.
The Right to Information Act, 2005 has been subverted most blatantly and with impunity by the information commissioners appointed to enforce the very same law. Here is an e mail I had sent to Sharat Sabarwal, one such information commissioner at the Central Information Commission. This feedback on one of his orders amply illustrates how the law is being subverted by some of the worst traitors in the world!
These are the suggestions given to Vinson Paul, Chief Information Commissioner, Kerala State Information Commission when he was in Palakkad on 23/7/16. By no means exhaustive, it does however suggest overhauling the procedures of the Commission to make it transparent and effective.
Copying from the Central Information Commission, the Kerala State Information Commission conducted a two day seminar on RTI at Thiruvananthapuram on 11th and 12th October 2013. The Governor was supposed to inaugurate the function. Well aware of how these 'fraud' shows are organised and how the unsuspecting chief guest is made to express inanities fed by the organisers I sent a mail to the Governor on 9 Oct 2013 highlighting some important issues in the matter of implementation of the law in the State. These were the same ones I had handed over to the CIC, KSIC in Jan 2007! But as expected this was not brought to the notice of the Governor and he ended up making a fool of himself by talking only on the misuse of the Act as fed to him by the information commissioners though the fact is that it is only the information commissioners who can misuse the Act. This was also communicated to him through another mail which also was not brought to his notice. So this feedback was sent on 16 Oct 2013 along with an application under the RTI Act! The replies received both from the Public Information Officer and the First Appellate Authority at the Rajbhavan indicates that even in this office of the 1st public servant in the State the work ethics and quality are a far cry from what is expected of such an office!
The only pro-democracy, citizen friendly law, the Right to Information Act, has been subverted blatantly by the very information commissioners who have been appointed at exorbitant cost to the exchequer to enforce it. Here is another example of such subversion by none other than the Chief Information Commissioner of Kerala, Vinson M Paul, former DGP and Direcor Vigilance of the State.
The Right to Information Act, 2005 has been subverted most blatantly and with impunity by the information commissioners appointed to enforce the very same law. Here is a complaint I had sent to the President of India against Basant Seth, one such information commissioner at the Central Information Commission. This is of necessity somewhat long and would need your indulgence for quite some time!
This is a complaint I had filed for the Public Contact Program of the Chief Minister of Kerala scheduled for 13 Jun 2015 at Palakkad. This complaint is against the office of the CM himself!
To provide brief introduction of the Right to Information Act 2005 Act and main provisions relating to Public Authority, Information Commission, State & Central Information Commission & so on
The RTI Act is one of the rarest, rather the only, citizen friendly and pro-democracy law in India as on date. It is simple, unambiguous and can be understood clearly by even a student who has passed 5th standard in school. But even this law has been subverted by the nexus of the public servants in all the three organs of our Constitution. Here is a short and crisp analysis of the ways in which it has been literally murdered!
Prudence dictates it is better to let sleeping dogs lie. But wisdom demands that the unpalatable and unpleasant, at least those in public domain, be discussed publicly and thrashed out in public interest.
The title is a quip from Malayalam, the regional language of Kerala, India. It means for the king who kills, the minister who eats. It is used to describe an unholy nexus where no evidence of any crime is left. This was written in the context of a scam where the Government of Kerala shared private information of Covid patients to a software firm in the US of A, flouting all laws on such transactions. A bureaucrat, the Principle Private Secretary of the Chief Minister claimed that he had done it on his own, absolving his boss, secure in the feeling that his boss would not give permission to prosecute him, a ridiculous requirement of our laws.
This is the copy of a leaflet prepared for distribution during a protest against Palat Mohandas, the then Chief Information Commissioner, Kerala State Information Commission, when he had come to Palakkad on 08 Dec 2007 to address a seminar on Right to Information. The original is in Malayalam and this post includes the original and its translated version in English.
On 19 feb 2009 there was open war in the Madras High Court premises when the police tried to control an unruly mob of advocates. Sree Krishna, former judge of the apex court, who inquired into the above incidence submitted an interim report on 4 Mar 2009. This report is documentary proof of how biased and unreliable our (former) judges are.
The only citizen friendly law in India- the Right to Information Act- has been totally subverted by the very commissioners appointed to enforce it. One of them, the Chief Information Commissioner of the Central Information Commission has been recently designated as the 1st Lt Governor of the newly created union territory of Ladhak. Shouldn't it be considered as a reward for treason?
The judiciary in India is a law unto itself. Recently, an apex court bench dusted an appeal of 2015 vintage and ordered 5 apartment complexes in Kochi to be demolished within one month- without having ensured that even one of the 350 odd owners of the flats had been heard.
For all the failures of the authorities to implement the laws the blame is invariably palmed off to the masses and their ignorance of the laws. This is a fraud. The performance of the authorities can be easily seen to be indifferent, incompetent and wayward by just studying their functions objectively. Whether it is the judiciary or the quasi judicial organisations they can all be seen most brazenly violating the laws which they are tasked, empowered, equipped and paid to enforce. The experience of those who know these laws is sufficient to indict these authorities.
Indian democracy is a unique system where unelected babus (bureaucrats) and judges dictate the terms. The civil military relationship should be the worst in India given the self serving nature of both the babus and judges and the helpless politicians acting as the sikhandi in the Mahabaratha though the former two can never be compared with Arjun.
The only thing that marks India as a democracy is the periodical visits to the polling booths. Government administration, led by the bureaucrats of the Indian Administrative Service, is a synonym for corruption and treason. The politically elected government is just a puppet in the hands of these bureaucrats. And the judiciary is a law unto itself.
The Lokpal at the Centre and Lokayuktas in the states have been established to deal with corruption and impropriety at the higher levels of government. But sad to say, these have been turned into another rehabilitation home for retired judges.
Short of a decade after Anna Hazare led Anti Corruption Movement took the nation by storm from Jantar Mantar, the Lokpal is a reality in the country. As soon as the agitation had begun gathering momentum, the then UPA government led by Man Mohan Singh brought in a Bill in 2011 that was derided by the activists as Jokepal. They came up with a draft bill touted as Jan Lokpal. After some stalemate the Lokpal and Lokayuktas Act, 2013 became a reality in 2014. To be precise it became effective from 16 Jan 2014. But the appointment of the first Chairman and members of the Lokpal took another five years.
The Constitution of India, touted as the most voluminous and most detailed, has the dubious reputation of its own architect, DR Ambedkar stating that "I was a hack. What I was asked to, I did much against my will. I am quite prepared to say that I shall be the first person to burn it. It does not suit anybody.” It has also been criticised as a revised version of the Government of India Act 1935 which had been legislated by the colonial rulers to grant limited self government to the locals. Suffice to say that on completion of almost 7 decades, it retrospect it can definitely be said that it needs to be rewritten keeping the aspiration of the new generation in mind.
I cannot say if the apex court judgment in the hands of Pinarayi led Government can be compared to a bouquet of flowers in the hands of a monkey or a murderous weapon in the hands of a serial murderer. The fact remains that the fear of their rights related to their faith being violated was writ large and there were reports of protests from devotees even in far away Australia, Canada and the US of A. This is a complaint to the CM, Pinarayi Vijayan, himself
Kerala, a small state in southern India has faced one of its worst natural disasters in recent times- a flood since the last one 1924! How the indifference of the government of the day made it worse and almost man made is the topic of this article.
This is the last part of a 5 part series wherein an effort has been made to expose how the public servants in India has subverted the only pro democracy, citizen friendly law in the country- the Right to Information Act. Here is a wake up call to alert citizens who are the mainstay of any democracy!
Up the Ratios Bylaws - a Comprehensive Process of Our Organizationuptheratios
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This session provides a comprehensive overview of the latest updates to the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (commonly known as the Uniform Guidance) outlined in the 2 CFR 200.
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Canadian Immigration Tracker March 2024 - Key SlidesAndrew Griffith
Highlights
Permanent Residents decrease along with percentage of TR2PR decline to 52 percent of all Permanent Residents.
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Study permit applications experiencing sharp decrease as a result of announced caps over 50 percent compared to February.
Citizenship numbers remain stable.
Slide 3 has the overall numbers and change.
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This keynote was presented during the the 7th edition of the UAE Hackathon 2024. It highlights the role of AI and Generative AI in addressing government transformation to achieve zero government bureaucracy
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What is the point of small housing associations.pptxPaul Smith
Given the small scale of housing associations and their relative high cost per home what is the point of them and how do we justify their continued existance
1. P M Ravindran
2/18, 'Aathira', Sivapuri, Kalpathy-678003
Tele: 0491-2576042; E-mail: raviforjustice@gmail.com
File: Comp/cm contpgm-ksic-110415 11 Apr 2015
CM’S JSP 2015, PALAKKAD: COMPLAINT- KERALA STATE INFORMATION COMMISSION (KSIC)
1. Refer the following documents:
1.1. My complaint , Comp/cm contpgm-ksic-22111 dated 22 Nov 2011 submitted through the DC
Palakkad on the same day and registered vide their number 4516; followed up through e mail on
4/5/12 and in person on 30/6/12
1.2. General Admn (Co-ordination) Dept letter No 90105/Cdn.5/11/GAD dated 1/6/2012
1.3. My e mail of 21/6/12 addressed to chiefminister@kerala.gov.in with copy to cm-
grccell@kerala.gov.in, chiefsecy@kerala.gov.in
1.4. Sections 2(e), 15(3), 17, 25, 26, 27 and 28 of the RTI Act.
2. A perusal of the documents at para 1.1 and 1.2 above will reveal that no action has been taken on my
complaints submitted during the Jan Samparkka Paripadi held in 2011.
3. A perusal of the documents at para 1.2 and 1.3 above will reveal that the public servants who have dealt
with the complaint are either idiots or traitors. Considering the cost to exchequer they cannot be dismissed
as idiots but have to be tried under our laws for treason. Or atleast under Sec 217, 218 and 219 of the IPC.
4. There has been no response to my email referred to in para 1.3.
5. The document at para 1.2 and sections of the RTI Act referred to in para 1.4 above prove that you are a
mere puppet in the hands of the clerks-whether they are of the LDC, UDC or IAS categories- who are
supposed to help you perform your duties effectively and efficiently. It is worthwhile recollecting the remarks
of the Kerala High Court while dismissing a PIL against your Jana Samparkka Paripadi. As reported in the
media, the court had opined that it was necessary because the bureaucracy was defunct!
6. Evidently, while there has been no action taken by the KSIC on my complaint, forwarded to them by GAD as
claimed in their letter at para 1.2 above, it is obvious that things have only gone from bad to worse.
7. As on 8/4/2015, the info availble on the website -http://www.keralasic.gov.in/-of the KSIC is as given
below:
7.1. The current information commissioners are: Dr(?) Siby Mathew, M N Gunavardhan, Soni Thengamom,
K Natarajan and CS Sasikumar! Dr Kurias Kumbalakuzhy has demitted office on 20/3/2015. This
implies that the information has been updated atleast on 20/3/2015.
7.2. But when it comes to the information on orders/decisions of the information commissioners, there is NO
such info for 2015! Does it mean that during the past 3 months the information commissioners have
been having paid holidays at the tax payers‘ cost?
7.3. So we go on to the information available for 2014 and here it is: Siby Mathew-52 cases, Gunavardhan-
59 cases, Soni Thengamom-12, Sasi Kumar-16, Kurias Kumbalakuzhy-17! Mind you this is for the
whole of 2014 or in other words for almost 300 working days! And what about Natarajan-0 (yes, zero!)
cases!
8. The other day I also heard your own party MLA, V T Balaram, making an allegation on a video news
channel, that the KSIC has not submitted its Annual Report to the Kerala Legislative Assembly for the last
three years! I do not know if he had ever brought it up on the floor of the Assembly or other approppriate
forums and what action has been taken on it. Maybe the CIC has decided to discontinue such an act
Continued....
2. -2-
because of its futility. May be he must also be hoping that citizens also give up submitting complaints/
appeals, realising its futility, so that he and the other traitors like him can enjoy their sinecures without any
interruptions!
9. Coming to the tasking of the information commissioners it is obvious that their job is easier than that of a
munsif. Disposing of complaints should not take more than a minute. In the matter of appeals, it could be 10
minutes per appeal. The commissioners should be able to decide the basic questions of law involved-
whether the info sought is disclosable or not and if disclosable the extent of default on a simple perusal of
the appeal. There after the only thing required for the information commissioner to do is to provide an
opportunity to being heard to the PIO seeking reasons for not imposing the penalty. After providing this
opportunity, which need not be through a personal hearing, if the reasons given are not satisfactory or in
precise terms, legally tenable the IC is required to mandatorily impose the prescribed penalty. Various high
courts across the country have while dealing with cases involving the RTI Act, ruled that penalty has to be
imposed even for mere delays and that reasons like records are not traceable/not available cannot be
accepted as valid and the information commissioners can order inquiry to trace such records or to find out
the reasons why those records are not available. Relevant extract s of certain orders of high courts and
information commissioners are appended to this complaint.
10. That the information commissioners have grossly failed to fulfill their assigned tasks should be adequately
clear from the above mentioned facts. But to add fuel to the fire they have also been sending wrong
messages to public authorities through various letters like their letter No6009/SIC-Gen2/2007 dated 5/10/07
to the PIO, RDO, Palakkad and 15134/SIC-admn/2012 dated 28/12/12 to the District Collector, Palakkad.
11. Not only their failure to impose mandatory penalty has murdered the law for transparency, the loss to
exchequer can be considered to be of the magnitude of the Vadhragate or 2G and Coalgate scams put
together! There is also a valid suspicion that the information commissioners may actually be corrupt in that
they could be taking bribes from defaulting PIOs only to fail to impose the mandatory penalty! This may
need to be investigated by the CBI under the supervison of the apex court itself!
12. While there is a need to introduce transparency right from the appointment of information commissioners,
the government cannot absolve itself of its responsibility when it comes to making these public servants
deliver what they are tasked, empowered and paid to deliver. Specifically in the context of the RTI Act, Sec
26 and 27 needs to be implemented in letter and spirit by the government and defaulters should be
punished exemplarily.
Yours truly,
(P M Ravindran)
continued...
3. -3-
EXTRACTS OF CERTAIN HIGH COURT/ INFORMATION COMMISSION ORDERS
IN THE MATTER OF RTI ACT
1. High Court of Delhi in W.P. (C) 3845/2007:
14. xxx… Information seekers are to be furnished what they ask for, unless the Act prohibits
disclosure; they are not to be driven away through sheer inaction or filibustering tactics of the
public authorities or their officers. It is to ensure these ends that time limits have been
prescribed, in absolute terms, as well as penalty provisions. These are meant to ensure a culture
of information disclosure so necessary for a robust and functioning democracy.
15. In the above circumstances, Court is of the opinion that the impugned order to the extent it
discharges the sixth respondent of the notice under Section 19 (8) and does not impose the
penalty sought for has to be declared illegal. In this case, the penalty amount (on account of
the delay between 28.12.2005 and the first week of May, 2006 when the information was given)
would work out to Rs.25,000/-. The third respondent is hereby directed to deduct the same
from the sixth respondent's salary in five equal installments and deposit the amount, with the
Commission.
16. In the circumstances of the case, the third respondent shall bear the cost of the proceedings
quantified at Rs.50,000/- be paid to the petitioner within six weeks from today.
2. High Court of Punjab and Haryana in C.W.P. NO. 1924 of 2008:
A plain reading of sub-section (1) of Section 20 of the Act makes it obvious that the Commission
could impose the penalty for the simple reasons of delay in furnishing the information within
the period specified by sub-section (1) of Section 7 of the Act.
3. Madras High Court in W.P.NO.20372 of 2009 and M.P.NO.1 of 2009:
The right to information having been guaranteed by the law of Parliament, the administrative
difficulties in providing information cannot be raised. Such pleas will defeat the very right of
citizens to have access to information.
4. High Court of Punjab and Haryana in C.W.P. NO. 15850 of 2010:
The primary contentions raised in the affidavit are the shortage of staff, joining of the petitioner
after the notice had been issued, the extension of time for registration of the plots by the
Government which led to the rush of registration of plots by the owners and essential duties of
Census as per the directions of the Election Commission. These are internal matters which
have to be dealt with and taken care of by the Administration and cannot be taken as a
ground or a defence for not supplying the information within the time stipulated under the
2005 Act itself. The provisions as contained under the 2005 Act have to be given effect to
achieve the objective of this Act which are to bring transparency and accountability of public
officials and to establish the right of the citizen to have the information and these excuses, if
taken into consideration, the 2005 Act itself will be rendered ineffective and the purpose with
which the Statute has been brought into existence would be frustrated. Therefore, the reasons
assigned for not supplying the information at an early date to the complainant cannot be
accepted.
5. High Court of Punjab and Haryana (as reported in the media)
Chandigarh: Creating a precedent the Punjab and Haryana High Court has ruled that if the public
4. Information Officer (PlO) of a department has been penalised by a State Information
continued…
-4-
Commission on account of withholding information the officer cannot appeal against the order
through the state. The court has held that the PIO will have to approach the court in personal
capacity.
6. Delhi HC (as reported in the media):
The Delhi HC said the Chief Information Commission can direct a government department to
inquire into "missing" files "wherever it is claimed...information sought is not traceable."
7. CIC, New Delhi in File No CIC/DS/A/2013/001788-SA:
13. Based on the above discussion, the Commission thus holds: Unless proved that record was
destroyed as per the prescribed rules of destruction/ retention policy, it is deemed that record
continues to be held by public authority. Claim of file missing or not traceable has no legality as
it was not recognized as exception by RTI Act. By practice ‘missing file’ cannot be read into as
exception in addition to exceptions prescribed by RTI Act. It amounts to breach of Public
Records Act, 1993 and punishable with imprisonment up to a term of five years or with fine or
both. Public Authority has a duty to initiate action for this kind of loss of public record, in the
form of ‘not traceable’ or ‘missing’. The Public Authority also has a duty to designate an officer
as Records Officer and protect the records. A thorough search for the file, inquiry to find out
public servant responsible, disciplinary action and action under Public Records Act,
reconstruction of alternative file, relief to the person affected by the loss of file are the basic
actions the Public Authority is legitimately expected to perform.
8. CIC, New Delhi in Appeal No. CIC/SM/A/2011/000278/SG:
There are numerous instances where RTI applications have been transferred by one public
authority to another and none of them appears to know where the information is. In this
scenario for public authorities to take a position that they will only transfer to one public
authority is unreasonable and the law certainly does not state this. Public Authorities claim that
it would be difficult to transfer RTI applications to multiple authorities since it would mean
putting a lot of resource. …. If public authorities do not meet commitments implied in the RTI
Act, the citizen cannot be denied his fundamental right.
The Commission rules that DOPT’s office memorandum no. 10/02/2008-IR dated 12/06/2008
is not consistent with the law.
The PIO is directed to transfer the RTI application to various public authorities before 25 June
2011, who must provide information for the last two years to the Appellant as per the provisions
of the RTI Act.
9. SIC, Maharashtra in Appeal no. 489 + 331/Pune, Dashrath Ghenbhau Shevkari versus First
Appellate Authority and District Collector, Pune
"One month had been granted earlier for conducting a diligent search of the lost file, as
mentioned eariler in this Order. That period is now being extended for another one month i.e.
till 15.12.2007. The relevant information should then be promptly provided to the appellant. In
case the file is yet not found then an FIR should be lodged against the concerned officer / staff
member. This would be the responsibility of the Appellate Authority and the Collector, Pune.
Completion of this procedure should be reported to the Commission by the Collector, Pune by
30.12.2007."