Saturday, August 25, 2012

Re: [HumJanenge] PUBLIC GRIEVANCE: Reconstruction of folder containing comments on RTI Rules.

Dear Mr Sarbajit

EXCELLENT !

It is clear as a bell that folder was "misplaced" because of your Confidential Email.

B.J Varkey, Adv

On Sat, Aug 25, 2012 at 8:27 PM, Sarbajit Roy <sroy.mb@gmail.com> wrote:
To:
1) Shri P.K.Misra, Secretary/DoPT,
2) Shri Manoj Joshi, JS(ATA)/DoPT

BY EMAIL

Date: 25-August-2012

Dear Sirs,

I refer to reply given to Rajya Sabha by Hon'ble MoS on or about
23.Aug.2012 concerning the subject, as reported by PTI as follows:

http://www.business-standard.com/generalnews/news/file-related-to-suggestionsrti-rules-was-misplaced-govt/47311/

"File related to suggestions on RTI rules was misplaced: Govt
Press Trust of India / New Delhi August 23, 2012, 17:20

The file related to suggestions on framing the Right to Information
rules was misplaced, Rajya Sabha was informed today.

Minister of state for Personnel, Public greivances and Pensions V
Narayanasamy said comments of the stakeholders were invited on the
proposed Right to Information Rules by putting an Office Memorandum on
the official website of Department of Personnel and Training on
December 10, 2010.

"Comments received from stakeholders on the proposed rules were
misplaced. The folder has since been reconstructed," he said in his
reply in the House. "

In this connexion,

I am aggrieved that no copy of FIR reporting the loss / theft has been
provided to me, or even the particulars of the concerned police
station provided to me.

I am especially aggrieved because the Mr Rajeev Kapoor (then JS/A&TA
and also nodal PG Director) failed to register on CPGRAMS my Public
Grievance in this regard sent to him by email on 21.March.2011 with
subject "PUBLIC GRIEVANCE PETITION: Violation of Official Secrets Act
by Officers of DoPT". For ready reference I am reproducing the text of
my email so that PROMPT AND GENUINE ACTION IS TAKEN since I am
concerned that Hon'ble MoS has been misled into giving false
information to Parliament. Specifically I allege that the file/folder
was not misplaced but it was ILLEGALLY taken out of DoPT premises for
private photocopying to provide to foreign intelligence agencies and
was not returned. For reasons best known to DoPT no action was taken
on my confidential information and I wish to provide all the
information in my knowledge to the investigative agencies to whom the
DoPT is duty bound to report the loss / theft..

I would be obliged if my instant PUBLIC GRIEVANCE email is
acknowledged within 3 days as provided for in the Public Grievance
redressal scheme.

With best wishes

Yours faithfully

Sarbajit Roy
B-59 Defence Colony
New Delhi 110024


COPY of Email of 21.03.2011

To:
Jt-Secretary (AT&A)/DoPT,
as Nodal Public Grievance Officer/DoPT

CONFIDENTIAL / NOT TO BE DISCLOSED

BY EMAIL

Date: 21-March-2011

Sir

I am constrained to inform / petition / complain that 2 officers of
your Ministry have committed offences punishable under the Official
Secrets Act and/or Prevention of Corruption Act by corruptly
disclosing information submitted in confidence to your Ministry to
persons acting at the behest of foreigners inimical / opposed to the
Union of India. It is further pertinent that these brazen acts were
committed despite clear warnings and cautions I conveyed to them well
in advance. I therefore request you to kindly inquire into the
following facts and initiate actions for the requisite prosecution of
your junior officers under the applicable laws of India.

FACTS:

1) That on or about 10th December 2010 the DoPT published on its
website an OM inviting comments on draft RTI Rules by email to
US-RTI/DoPT (Shri R.K.Girdhar).

2) That I alongwith other persons known to me duly submitted our
detailed comments by email to Shri Girdhar in confidence, each
communication being clearly marked at the outset as submitted in
Confidence / not to be disclosed. I was especially concerned that my
communications not be conveyed to the "NAC" ie. National Advisory
Council (which as per me is an extra-statutory body, and a nest of
foreign spies and corrupt former public servants eased out of
Government for acting as lobbyists/touts).

3) That on or about 29 December 2010 I came to know that a certain
Commodore (Retd) Lokesh Batra who is closely associated with NAC
member Ms Aruna Roy applied in RTI to Shri R.K Girdhar/CPIO to be
provided access to the comments I had submitted in confidence. I
promptly, ie. on the very same day, emailed Shri R.K.Girdhar informing
him that I was a "third party" opposing disclosure of my
communications which were submitted strictly in confidence to DoPT. I
specifically called on Shri Girdhar to issue me a statutory 3rd party
notice u/s 11 of RTI Act 2005 if he intended to disclose to any person
information which either related to me or was submitted by me in
confidence. I also say that I thereafter spoke to Mr Girdhar
telephonically and reiterated that I was opposed to any disclosure of
my numerous filings to DoPT to any outside person.

4) I was therefore shocked to learn that on 2 February 2011 Shri RK
Girdhar issued a letter to Commodore Batra (File No.12/325/2010-IR)
communicating a time and date where my filed comments would be
disclosed to Commodore Lokesh Batra. I am reliably given to understand
that the inspection took place on afternoon of 18.Feb.2011 in offices
of Shri K./G.Verma and that Commodore Batra was provided xerox copies
on the spot of all my communications without payment of the prescribed
fees, due to a telephone call from Ms Aruna Roy (honorary member NAC)
for this. I am outraged at the blatant subversion of the laws of India
to cause me loss and harm by members of your Department. I am outraged
that Shri Girdhar failed to issue me a 3rd party notice and disclosed
my confidential information to the NAC through Commodore Batra. I am
outraged that Shri K.G Verma/Directior RTI went out of his way
to show all my confidential papers to Commodore Batra in his office
and provided privately a copy set of my papers to Commodore Batra
(without deposit of prescribed fees into Govt Treasury) at the behest
of Ms Aruna Roy who is an influential private lobbyist. I am outraged
that the entire RTI section of your Department has willfully and
corruptly evaded diarising the comments received from the public on
the aforesaid OM of 10.Dec.2010, so as to disclose them to foreign
spies who misuse RTI process. I am outraged that your junior officers
have corruptly disclosed my information to Commodore Batra in breach
of penal provisions of Prevention of Corruption Act in addition to
penal provisions of Official Secrets Act. I am also concerned that
Shri K.G.Verma in particular has been influenced by Ms Aruna Roy to
water down provisions of draft RTI Rules from 250 word application
limit to 500 words whereas I had called for this limit to be further
tightened to 150 words etc. as per other laws.

Accordingly, I call upon you to

A) Kindly acknowledge this Grievance Petition immediately, and
b) Kindly take all requisite actions to resolve my grievances under
advice/reply to me.

Yours faithfully

Sarbajit Roy
B-59 Defence Colony
New Delhi 110024
Tel : 09311448069

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