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....