Monday, December 20, 2010

COMMENTS / OBJECTIONS / SUGGESTIONS : ref:PN/DoPT/OM/2010/RTI/AAA-0000-003

To:
The Government of India, by
Shri R.K.Girdhar
Under-Secretary/RTI
Department of Personnel and Training, North Block
New Delhi 110011

1) CONFIDENTIAL,
2) SECRET,
3) My Intellectual property,
4) Not to be disclosed to any unauthorised person,
5) Not to be disclosed to any private person whatsoever,
6) Not to be disclosed to Prime Minister or his office,
7) Not to be disclosed to National Advisory Council,
8) Not to be disclosed under Right to Information except to myself,

BY EMAIL:


Date:  20-December-2010
Your Ref: OM dated 10.12.2010 in File No.1/35/2008-IR (draft RTI Rules)
Our Ref:  PN/DoPT/OM/2010/RTI/AAA-0000-003
Subject
Objections and/or Suggestions to the amendments proposed

Sir,

I refer to the above citations and your subject OM. I am caused to submit the following objection(s) and/or suggestion(s) to the same.
This is separate, distinct and without prejudice to other objections I may submit from time to time within the period allowed..

http://persmin.gov.in/WriteReadData/RTI/RTI_rules_01122010-1.pdf

1) I OBJECT that comments have been solicited by on these draft RTI Rules.

2) I say that I have been informed by senior officers of your Department that there is no legal requirement to either publicise or seek / consider comments / objections / suggestions on Rules under RTI ACT proposed to be notified.

3) That I have further come to know that this exercise has been done to satisfy an assurance given by Prime Minister to Chairperson UPA that the massively foreign financed private persons nominated to the extra-Constitutional body described by me as  National Advisory Council be enabled to tamper with these Rules as lobbyists for Foreign Intelligence networks.

4) That I am further given to understand that when the various RTI Rules were notified in 2005 during Mr Tiwari's Secretaryship at MoP, it was legally clarified that there was no requirement to publicise rules in draft or seek views of affected persons. It is noteworthy that the RTI Rules are not required to be published previous to their coming into force, and thereby attracting the mischief of the General Clauses Act in this behalf.

5) I therefore SUGGEST and REQUIRE that the publication, soliciting, and consideration of comments FROM THE PUBLIC on these draft Rules be halted immediately. Failing which I shall be constrained to take steps under the Official Secrets Act against the officer involved

Submitted in my individual capacity by


Er. Sarbajit Roy
B-59 Defence Colony
New Delhi 110024
Tel : 09311448069
email ID: "sroy.mb@gmail.com"

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