|
|
|
|
|
Sales Tax Review |
|
November 2006 |
|
Roving Eye |
-
Pressing into service Right to Information Act, 2005
That life is not a bed of roses is being experienced by me
for the last few months, on two fronts viz. (1) in respect of the Co-operative
Housing Society where I reside and (2) in respect of my office premises of
which the landlord is, LIC of India.
-
Both the above institutions are not running their affairs
as per the appropriate law applicable to them. After a long persuasion, I
noticed that my soft and reasonable approach towards the resolution of the
grievances is going on deaf year. So I decided to take both of them head-on,
with the help of the Right to Information Act, 2005.
-
Case of LIC
I had filed an application under the RTI Act, 2005,
dated 8-8-2006, before the Central Public Information Officer (CPIO), in
the Office of the Chairman, LIC of India, seeking certain information,
since the authorities below as well as the Chairman, LIC of India, were
not replying to my letters in normal course. So, the only option was to
press into service the RTI Act. Here also, the LIC did not bother about my
application. Hence, after the statutory period was over for receipt of the
information, I filed a complaint u/s 18 of the RTI Act, against the CPIO,
to the Central Information Commissioner, New Delhi. The Central
Information Commission took cognizance of my complaint and directed the
CPIO vide letter dated 9-10-2006, to give the necessary information as
sought by me, and send compliance report to the Commission, failing which
penalty would be imposed as per the provision of section 20(1) of the Act.
Simultaneously, by a copy of the above communication, I was advised to
pursue the matter with LIC, CPIO. Accordingly, vide my letter dated
November 4, 2006 addressed to the CPIO, I drew his attention to the above
referred Commission’s letter. To my surprise, the CPIO refused to accept
the said letter. I have now, therefore, once again taken up the matter
with the Central Information Commission, vide letter dated 4-11-2006
informing them about the high-handed attitude of the LIC, in refusing the
letter and requested the Commission to impose the penalty as per law.
Readers would be kept informed about the order when passed by the
Commission.
-
Case of my Housing Society
Our Society comprises of only 18 members. The present
office bearers have formed a group and are running the Society as per
their whims and fancies and other members have no interest at all in
running of the Society. In this situation, I requested the office bearers
- since as a group they have the majority - to run the Society as per the
Act, Rules and Bye-laws. Since my suggestion was not acceptable to them, I
wrote to the Dy. Registrar, K/E Ward, requesting him to conduct the
inspection and enquiry about the working of the Society as back as 2004.
As usual there was no reply. Hence, I wrote to the Commissioner of
Co-Operation and Registrar of Societies, Pune, about the inefficient
working of the Dy. Registrar and requested the Commissioner to direct the
Dy. Registrar to appoint an Administrator for managing the affairs of the
Society, so that the present group can be thrown out of the statutory
power. As a result, it appears that on the advice of the Commissioner, the
Dy. Registrar had issued show-cause notice to the office bearers
indicating his intention to appoint an Administrator. In terms of the
show-cause notice, the office bearers and the writer were heard in the
month of August, 2006. The office bearers accepted before the Dy.
Registrar that they were not replying to my letters at all and promised
that they will reply to my letters hereafter. However, in spite of such
assurance, there was no reply either from the office bearers or from the
Dy. Registrar. The reasons were obvious. So to cut the ice, I filed an
application before the Dy. Registrar under the RTI Act. This was replied
to by giving a false and misleading reply. Thereupon, I filed an appeal
which was accepted and the Dy. Registrar was directed to give requisite
information immediately. This appeal order dated 7-10-2006 is being
published for the general information of our readers as an extension of
this column. In spite of this appeal order, the Dy. Registrar did not
furnish the requisite information. Hence, I filed a second appeal on
15-11-2006, before the State Commission, requesting the commission to
impose a maximum penalty of Rs. 25,000/- on the aforesaid State PIO. On
the State Commission hearing the Second Appeal, I shall keep you informed
about the outcome.
-
In this connection, it will not be out of place to bring
to the notice of our readers that the President, State Law Commission,
Hon’ble Shri. D.N. Choudhari, in his 16th report presented to the Chief
Minister recently, suggested, among others, that Co-Operative Housing
Societies should also be brought within the scope and ambit of Prohibition
of Corruption Act, 1988 to improve upon the working of various types of
Co-Operative Societies, which are ridden with corrupt practices. The
‘Loksatta’ report dated 16-11-2006 in this behalf, is also published
separately as an extension of this column.
|
|
|