To Hon’ble State Information Commission Haryana S.C.O. 70-71, Madhya Marg, Sector-8C, Chandigarh Sub.:- SIC Haryana again constrained me to knock the door of Hon’ble High Court For Case No. 2403/2012, Suresh Kumar V/s SPIO & FAA O/o DSE Haryana Sir, I applied on 26-10-2010 (Annexure P-1) under RTI Act 2005 to SPIO, O/o DSE Haryana and sought information at three points only, which are as under :- 1. Copies of Merit List of all selected candidates against Advertisement No. 1/2005. 2. How much Amount paid to the Punjab University Chandigarh to prepare the Merit List of Advertisement No. 1/2005 and by which Cheque No. on which date paid this Amount to Punjab University Chandigarh. 3. Copy of covering Letter of Punjab University Chandigarh by which your office receive the Merit List of selected candidates against Advertisement No. 1/2005 and when your office receive the said list? SPIO did not reply and after waiting for long time I sent a reminder to SPIO on 14 Feb 2011 but SPIO did not reply. I filed First Appeal on 07-3-2011 but First Appellate Authority neither decide nor rejected my First Appeal and I sent a reminder to First Appellate Authority on 13-6-2011 but First Appellate Authority did not reply. I filed Second Appeal on 24 -9-2011 to Hon’ble SIC Haryana and it was delivered on 27-9-2011 but Hon’ble SIC neither issued Notice to SPIO and nor rejected my Second Appeal. I sent a reminder on 05-12-2011 to Hon’ble SIC and it was delivered on 06 December 2011 but then also Hon’ble SIC did not issue Notice to SPIO. I sent second reminder to Hon’ble SIC on 08-2-2012 stating that circumstances are forcing me to knock the door of Hon’ble Punjab & Haryana High Court for my RTI application dated 26-10-2010, First Appeal dated 07-3-2011 and Second Appeal dated 24-9-2011and it was delivered on 13-2-2012 but then also Hon’ble SIC neither issued Notice to SPIO nor rejected my Second Appeal. Lastly I knock the door of Hon’ble Punjab & Haryana High Court in April 2012. Hon’ble High Court issued the notice to SIC & DSE. Then Hon’ble SIC accept my Second Appeal dated 24-9-2011vide Case No. 2403/2012 and I received Letter No. 6/151-2010 Act (1) dated 09-5-2012 along with Letter No. 22/67-2012 (1) dated 03-5-2012 from SPIO stating candidates did not selected against Advt. No. 1/2005, Question can not ask under RTI Act and DSE did not received the Merit List of Advt. No. 1/2005, whereas Punjab University Chandigarh replied before the Central Information Commission, New Delhi on 09-4-2009 that Punjab University Chandigarh received 158822 applications for Advertisement No. 1/2005 and prepared the Merit List for different categories and subject wise as per criteria laid down by the Haryana Govt. and this Merit List submitted to the Directorate of Secondary Education Haryana for further action at their end (Annexure P-2 & P-3). I sent the rejoinder on 31-5-2012 to SIC and it was delivered on 01-6-2012. Its copy sent to SPIO & FAA which was delivered on 04-6-2012. Due to domestic problem I could not present before the Hon’ble SIC on 07-6-2012. I sent the request on 11-7-2012 to Hon’ble SIC which was delivered on 14-7-2012. I sent second request on 24-9-2012 to Hon’ble SIC which was delivered on 26-9-2012. Hon’ble SIC issued the Show Cause Notice vide Letter No. 28816-18 dated 20 Nov 2012 and fix the Case for hearing on 24 Dec 2012. I present before the Hon’ble SIC on 24-12-2012 and shown all the Documents. Hon’ble SIC (Sh. Sajjan Singh) accepted that Merit List for Advt. No. 1/2005 had been prepared by PU Chandigarh and submitted to Directorate of Secondary Education Haryana. SIC issued the Show Cause Notice vide Letter No. 3532-34 dated 30 Jan 2013 and directed the SPIO supply the correct information to appellant for point no. 1 & 3 and fix the date for hearing the Case on 14 Feb 2013. I received Telephone (0172-2706400) on 12-2-2013 at 2:10 PM from SIC and informed me that Case No. 2403/2012 against DSE has been adjourned for 03-5-2013. Requisite information is available at the DSE and SPIO deliberately not supplied the requisite information. We learned that in the vision of Law Justice delayed means Justice denied. . I sent a request to Hon’ble SIC on 21-2-2013 and request to decide my Case on 03-5-2013 and it was delivered at SIC on 22-2-2013 (Annexure P-4 & P-5). I present before Hon’ble SIC on 03-5-2013 but SPIO did not supply the requisite information for Point No. 1 & 3 and Hon’ble SIC directed the SPIO supply the information up to 4:30 PM and also directed to me wait at SIC up to 4:30 PM. I waited up to 4:30 PM at SIC but SPIO did not supply the information for Point No. 1 & 3 and Hon’ble SIC directed to me that submit to Mrs. Mohini Sharma the copy of reply of Punjab University Chandigarh before the Hon’ble CIC, New Delhi and I submitted the same in the presence of Hon’ble SIC. I also submitted the Supplementary rejoinder dated 30-4-2013 to Hon’ble SIC on 03-5-2013. Hon’ble SIC issued Notice vide Letter No. 11541/SIC/2013/7-IA dated 21 May 2013 and fix the Case for 13-6-2013at 12:50 PM and I sent the request to Hon’ble SIC on 06-6-2013 and request to decide my Case on 13 June 2013 and it was delivered at SIC on 08-6-2013 (Annexure P-6 & P-7). I received Phone on 13-6-2013 at 01:09 PM from Hon’ble SIC (0172-2706400) and I explain that SPIO did not supply the requisite information for Point No. 1 & 3 after repeatedly directed by Hon’ble SIC. Hon’ble SIC directed to me sent the copy of reply of Punjab University Chandigarh before the Hon’ble CIC, New Delhi by Fax at No. 0172-2783834 and I sent the same by Fax (0172-2783834) and also intimate to Hon’ble SIC at 01:27 PM on 13-6-2013 at Ph. No. 0172-2706400. Kindly peruse my requests to Hon’ble SIC and all delivered at SIC. Second Appeal dated 24-9-2011 delivered on 27-9-2011, request dated 05-12-2011 delivered on 06-12-2011, request dated 08-2-2012 delivered on 13-2-2012, Rejoinder dated 31-5-2012 delivered on 01-6-2012, request dated 11-7-2012 delivered on 14-7-2012, request dated 24-9-2012 delivered on 26-9-2012, request dated 21-2-2013 delivered on 22-2-2013, request dated 30-4-2013 submitted on 03-5-2013 during the hearing of the Case and request dated 06-6-2013 delivered on 08-6-2013 and also peruse the reply of Punjab University Chandigarh which I sent with my request dated 24-9-2012 and delivered at SIC on 26-9-2012 and also Sent by Fax (0172-2783834) on 13-6-2013 and attached here with as Annexure P-2 & P-3, RTI reply of PU Chandigarh vide Ref. No. CIIPP/583 dated 07-12-2012 (Annexure P-8) and Ref No. CIIPP/149 dated13-7-2006 which proves that Merit List of Advertisement No. 1/2005 of total candidates 158822 submitted to DSE Haryana in the Form of CD (Annexure-P-9) and PU Chandigarh continue writing for balance Payment for the said Merit List. DSE neither pay the balance Payment of PU Chandigarh nor refunded the Money to the applicant which is available in SBI Chandigarh Account No. 10444985727 total Amount available in SBI is Rs. 10156307 after the first installment Rs. 33 Lac paid to PU Chandigarh in 2005. All these facts are stating that Hon’ble SIC do not want to take action against the guilty SPIO U/s 20 (1) & 20 (2) of RTI Act 2005. Hon’ble SIC (Sh. Prem Veer Singh) had protected the Guilty SPIO by the Order dated 07-6-2012, Order dated 07-9-2012, Order dated 13-9-2012 and reply dated 13-9-2012 before the Hon’ble Punjab & Haryana High Court in CWP No. 6768/2012, not only that Haryana Govt. forced my Advocate not to submit the rejoinder in the Hon’ble High Court by which he had to submitted the copies of my rejoinder dated 31-5-2012, request to Hon’ble SIC dated 11-7-2012 and copy of reply of Punjab University Chandigarh before the Hon’ble CIC, New Delhi. All above facts proves that Hon’ble SIC Haryana murdered the RTI Act 2005 by protecting the SPIO and DSE is trying to regular such Guest Teachers by framing Rules 2012 dated 11 April 2012 by exempting one time from STET/HTET on the basis of 4 years experience who could reply the right answer of a single question in the screening test of HPSC, conducted for Advertisement No. 3/2009 for the Posts of Lecturer School Cadre (Annexure P-10). Now circumstances are forcing me to high light this RTI matter in the media with the help of Arvind Kejriwal (Leader of Aam Aadami Party) because it is matter of future of India. In view of the facts I therefore request you decide my Case No. 2403/2012, so that I can knock the door of appropriate Forum for Justice because DSE is violating the Fundamental Right since 2005 vide Letter, Endst. No. 15/59-2005 CO (3) dated 29 Nov 2005 by conspiracy by hiding the Merit List of Advt. No. 1/2005 and appointed the Guest Faculty Teacher without Advertisement till the mid of March 2006 and they are continue till date even after the Judgment of Hon’ble High Court dated 30-3-2011, passed in CWP NO. 6090 of 2010. I also request impose the penalty as per provision of Section 20 (1) of the RTI Act 2005 and same compensate to me as per provision of Section 19 (8) (b) of RTI Act 2005 and as per provision of Section 20 (2) of RTI Act 2005, recommend for disciplinary action against the SPIO under the Service Rules applicable to him. Yours faithfully Date:-15-6-2013 (Suresh Kumar) House No. 1111-A H.B.C. Jind (Haryana)
Posted on: Sat, 15 Jun 2013 15:40:03 +0000