Power of ONE!!!

[This is an excellent example of how to leverage RTI and make a difference. I have done it myself but a thrid party story is always a better reference]
[This article was originally published in RTIIndia forum at: http://www.google.com/url?sa=D&q=http://www.rtiindia.org/forum/content/201-one-man-army.html&usg=AFQjCNE2yQS2PZYSpvCAbguBhK5Smjojyw ]
POWER OF ONE
A Director (Class-I), Forest and Environment Department [equivalent to rank of Additional Secretary of Govt. of Gujarat] was promoted through bluntant violation of rules of promotion in the year 2003 on adhoc basis. He continued on this sensitive post till today [15-06-2010].
A vigilant citizen Shri Amit B. Jethwa of Khambha village and president of Gir Nature Youth Club [environment NGO] could not tolerate that an officer not eligible for such an important post relating to environment protection, should continue to it. He filed RTI applications with Govt. of Gujarat and Gujarat Public Service Commission and collected all papers and information relating to his promotion. Based on this, he tried to persuade State Govt. to post an eligible and competent person for protection of environment. He knew that entire belt consisting of Baroda, Ankaleshwar, Vapi is engulfed with dangerous chemical pollution and its disaster would be 100 times worst than that of Bhopal.
Since all Govts. now do not understand language other than that of higher judiciary, Shri Jethwa filed petition No. SCA No. 3949 of 2009 under article 226 for quo-warranto writ, in Hon’ble High Court of Gujarat in June 2009. On 15-06-2010 Hon’ble Court issued writ and ordered State Govt. to remove that officer from the post as his promotion was illegal and against rules. Application by concerned officer to stay operation of this order to enable him to appeal in higher court was also declined by the Hon’ble Court.
Shri Jethwa was also instrumental in posting of two additional Information Commissioners in Mar 2010 at Gujarat Information Commission through writ in High Court. He also compelled State Govt. to include postal order as mode of payment for RTI fees/charges in March 2010 through a writ. He has also filed writ for posting of Lokayukta in Gujarat, as post is vacant since 2003. Prior to filing these writs, he had collected information and papers through RTI and based his writs on it.
This shows what ONE MAN can do through RTI.

Teachers want to beat up students - Which era do we live in?

Recently there were spate of incidents in which some teachers beat up
students badly and in one case very in human manner... In all those
cases the general feeling of the teacher community is that:
(1) It is a discipline
(2) it is done for their own good

There were open remarks by fellow teachers justifying the beating and
they argued that the teacher did it for their own benefit... What a
shame!!

In this country teaching is cosnidered to be a sacred profession and
teachers are supposed to be gurus for guiding the future of future
citizens. Yet here we are where the teachers are justifying their
horible act of violence in the name of discipline. Is beating up the
only way to discipline students?

If beating up someone is the only way of disciplining, then here is
what we (parent) should propose to the teachers community:
1. We parents should beat up the principals for not hiring good
teachers and/or for bad results in public exams
2. We parents should beat up every teacher who is not keeping up to
date with the subject they teach and/or bad at teaching.
3. We should beat up those teachers who couldn't produce better
results.
4. We should beat up those principals and other administrative
officials who couldn't maintain toilets properly
5. We should beat up those teachers who come late for school
6. We should beat up those teachers to whose class no students wants
to attend.
7. We should beat up those teachers who doesn't even know what is 'to
teach someone' means.
8. We should beat up those teachers who don't live up to their civi
responsibilities.
9. .....(list goes on)........

It is a real shame that teachers think that they can discipline
someone by beating them up; especially kids...

To me, 'it is pure illegal act' by mediocre teachers and they must be
jailed for their illegal and vengeful acts.... if we sent few teachers
to jail then everybody else will toe the line..

I know teachers unionize for their financial and other benefits but
when was the last time they stood up for the profession and/or for
students?

<This is just my opinion and I am sure you have one that is better
than mine>

Hats off to Professional Managers - Did you like your managers?

Not sure about you but by the time I was ready to leave the college to
join the professional job market, I was certain (as was many of my
classmates) & absolutely sure that I didn't want to be working for
government or government controlled enterprises. Over the period I
have come to believe that it was one of the best decisions I made in
my life. Over the last almost two decades that I have been associated
with the professional market place, I have worked for many managers
and I have always had excellent relationship with most of them. The
things I liked about my managers are their 'professionalism and
integrity'.

- They never make me feel that I was subordiante to them (in literal
sense)
- They treated me with utmost respect (all good ones!!)
- They gave me lot of personal space and lattitude to try things, play
with ideas..., listening to my views
- They were all men of high integrity
- They never took things personally......
- They never felt intimidated ( yes I can be quite challenging....)
- They usually love challenges and mutual feedback and reinforcement
of ideas....
- They challenged me a lot... I love being challenged and you want a
manager who is willing to take the challenge as well... I have been
very lucky....
- They have always been black and white with me..... straight..... no
skirting around....no politics ever!!
- They were very clear in what they want from me!

and the list goes on...
All in all I have been one of the luckiest... I can't imagine a
similar experience in a government or govt related jobs... I beleive
these are the reasons that the professional market place attracts the
best of the work force that others can't..

So, hats off to all professional managers...

What about you? Share your good experiences with your managers (forget
about the bad lemons and cherish the good ones). I am sure the
professional managers would love to hear the same...

ONE THING WE CAN DO TO MAKE RTI TO LIVE UP TO ITS POTENTIAL

Folks,

As you know, S.19(8) and S.20 of RTI Act will ensure that no PIO will
dare to mess with your RTI request. Per my experience over the last 3+
years the PIOs deny information only because there is no consequence
to their denial. The SICs/CICs have been consistently not applying
these two sections and thus encouraging the PIOs tacitly not to
provide the information. One need not go to 2nd appeal unless there is
substantial disagreement in the interpretation of the RTI Act. All
denials/delays without a just and valid cause by the PIOs must be
punished; which will guarantee information to every RTI Requests....
IT IS MY STORNG BELIEF.....

So, over the last few years I have gathered enough evidence that the
SICs have not been applying S.19(8) and S.20 of RTI Act , not
documenting any justification for the denial or delay either and in
most case they never send a final order disposing of the 2nd appeal.
They just send a notification to the PIO urging them to provide the
information. I beleive the SICs/CICs are provided with more powerful
weapons in RTI Act that they are not using because most of them are
from the civil administration and have no judicial background... they
are still acting like bureaucrats...

Anyways, I have decided (as indicated few months ago) to approach a
High Court to get a direction on this and force the SICs/CICs to
comply with these sections consistently and document the justification
in detail for not invoking these sections. I STRONGLY BELIEVE THAT
THIS WILL SET ALL PIOs RIGHT!!!

Please find the draft that I have given to a lawyer for massaging and
filing and have sent them all the documents I have in support of the
same in the files section of this forum (SIC DRAFT AFFIDAVIT 1.0.doc).

If you are someone who is as passionate as me then you are encouoraged
to read the draft and see if you are willing to contribute. I am
looking for cost sharing from like minded people (whatever you can...
It is costing me Rs. 15,000 minimum as per my lawyer's quote and I
have already paid him Rs.10,000 as advance). If you are willing to be
part of this fight then please send me a note and I shall give you the
bank details for you to deposit... Let us put some money where our
mouth is... it is for a great cause...

Looking forward to your appreciation and help!!

Thanks

Raj

Are You (Pvt Professional Employees) a 3rd Class Citizen?

Article 14 {Equality before law} of Constitution of India reads as
under:
The State shall not deny to any person equality before the law or the
equal protection of the laws within the territory of India.

A plain reading of Article 14 of Indian Constitution makes it obvious
that the state must provide equal protection to all within the
territory of India; and all within the territory of India must be
treated equally before the law.

BUT:
Employees of Government as well as employees in public sector and
sectors governed by government bodies (such as banks) are protected
under Article 311 against worngful and unfair termination. They have
special tribunals for fastrack remedy. They can approach the High
Courts directly for immediate relief as well. Acts such as, Trade
Union Act 1926 , The Industrial Disputes Act 1947, The Contract Labour
(Prohibition and Regulation) Act and so on... also takes care of
'workers' in private organized and unorganized sectors.

WHILE:
The educated crowd (white collar) slogging in private companies of all
kinds have no support from the law or the government. There are about
3 million such people in IT & BPO and perhaps an equal or more in
other private industries who are not governed by any special act and
nor by the constitution. So, here we are where anywhere between 5 to
10 million comprising of general graduates, engineers, doctors etc
working in private industry, who are expected to put more than 8 hours
by default, at work timings demanded by the companies, expected to
perform or perish, no job guarantee and purely driven by market forces
and whimsies of private companies' managment have ABSOLUTELY NO
PROTECTION OF LAWS OR OF STATE!!!!!!!!!!!.

The first group of employees are so protected that you can't terminate
them even for a just cause (say for lack of performance or financial
misappropriation etc.).. It is literally difficult and there is
absolutely no way they can be fired or disciplined in whimsical
manner.... Whereas in private companies, one can be fired for no
reasons.... as simple as your manager not liking you for personal
reasons or that he wants to hire someone else in place of you.... or
your HR manager happened to be a dumb...

IS THIS NOT A VIOLATION OF ARTICLE 14? IF NOT WHY NOT?

I am not saying that we should be covered under a union or that we
shouldn't be challenged with performance and quality of work, which
are the jewels of private professional employment that attracts good
talents into the private companies. But, there has got to be a
protection against the whimsical act of managers, managements and HR
folks; who are abusing their authorities by unfair and illegitimate
acts because they think they can do whatever they like...It is sad
that they don't realize that they themsleves are employees and may be
subjected to such acts by others someday...

If you or someone else had any such bad experiences or were penalized
for unjust cause then write to me please... I am going thru a fight
myself which I will be chronicling very soon in this forum... stay
tuned....