Dated : 25/3/2011
To:
The Chief Information Commissioner of India
August Kranti Bhawan,
New Delhi
BY EMAIL / By registered post
URGENT
Respected Sir,
SUBJECT: Request for transfer of my long pending complaint before Mr
Shailesh Gandhi to any other Information Commissioner
Dear Sir
I refer to my long pending Complanit under section 18 to office of IC
Shri SG vide ref no: CIC/SG/C/2010/001036 concerning whether or not
School X is a public authority in terms of the RTI Act 2005. I wish to
mention here that I had maintained in previous matters that
information. from this school should be provided to me under
sub-section 2(f) of the RTI Act 2005 by the Directorate of Education
GoNCTD but IC(SG) refused to give me the relief and advised me instead
that the school was a public authority in its own right.
The matter was last heard on 30 Sept 2010 and prior to hearing i had submitted
August Kranti Bhawan,
New Delhi
BY EMAIL / By registered post
URGENT
Respected Sir,
SUBJECT: Request for transfer of my long pending complaint before Mr
Shailesh Gandhi to any other Information Commissioner
Dear Sir
I refer to my long pending Complanit under section 18 to office of IC
Shri SG vide ref no: CIC/SG/C/2010/001036 concerning whether or not
School X is a public authority in terms of the RTI Act 2005. I wish to
mention here that I had maintained in previous matters that
information. from this school should be provided to me under
sub-section 2(f) of the RTI Act 2005 by the Directorate of Education
GoNCTD but IC(SG) refused to give me the relief and advised me instead
that the school was a public authority in its own right.
The matter was last heard on 30 Sept 2010 and prior to hearing i had submitted
my written arguments to the registry of IC( Shri SG) ( please refer attch)
IC( Shri SG) adjourned the matter on a frivolous ground of asking me to bring
the actual cost of land being used by school. In spite of my forceful oral submissions
that the Commission has it's power under section 18 whereby such information can be called for,
the concerned Commissioner preferred to adjourn the complaint indefinitely.
It is noteworthy that till date the matter is pending for decision at IC end and there has been no
written communication/adjournment intimation and reasons for adjournment has been given.
In the meantime I have come to know that it is a regular practice in
IC Shailesh Gandhi's registry to delay matters like this on the
request of the Respondents. Considering the circumstances I apprehend
that Mr Gandhi has been influenced by the Respondent School X to delay
the matter and utlimately pass a weak and hollow order which shall not
stand judicial scrutiny. I have every reason to suspect Mr Gandhi's
probity because in one of my earlier cases #:
No.CIC/SG/A/2010/000962/7940 Mr Gandhi overruled validity of section
2(f) to private schools, under DSEAR act whereas few months after his
decision, he as part of a larger bench in decision no :Decision
No.5607/IC(A)/201 Pinnacle school vs Bindu Khana validated the
applicability of section 2(f) to private schools.
In these circumstances, I PRAY that you may kindly URGENTLY assign my
case to any Commissioner other than Shri Shailesh Gandhi or to a
larger Bench
The grounds for urgency is that parents are suffering alot in the hand
of these schools and parents agony during admission procedures are
well known to every quarter of society.
regards
Mohit Goel
written communication/adjournment intimation and reasons for adjournment has been given.
In the meantime I have come to know that it is a regular practice in
IC Shailesh Gandhi's registry to delay matters like this on the
request of the Respondents. Considering the circumstances I apprehend
that Mr Gandhi has been influenced by the Respondent School X to delay
the matter and utlimately pass a weak and hollow order which shall not
stand judicial scrutiny. I have every reason to suspect Mr Gandhi's
probity because in one of my earlier cases #:
No.CIC/SG/A/2010/000962/7940 Mr Gandhi overruled validity of section
2(f) to private schools, under DSEAR act whereas few months after his
decision, he as part of a larger bench in decision no :Decision
No.5607/IC(A)/201 Pinnacle school vs Bindu Khana validated the
applicability of section 2(f) to private schools.
In these circumstances, I PRAY that you may kindly URGENTLY assign my
case to any Commissioner other than Shri Shailesh Gandhi or to a
larger Bench
The grounds for urgency is that parents are suffering alot in the hand
of these schools and parents agony during admission procedures are
well known to every quarter of society.
regards
Mohit Goel
Encl : Direct complaint to commission
Written Argument submitted prior to hearing date.
Legal Judgement submitted in support of the case.
PS : school name has been marked as X in the attachments to withheld identity on email. Proper name of school exist in the complaint/documents submitted to office of IC(SG).
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