Date: 16/03/2018 Ref: RTI reply vide File No. CICCOM/R/2018/50164/CR-1 dated 15.03.2018 by Deputy Secretary & CPIO, Central Registry-1, CIC New Delhi. From: Om Prakash S/O Late Shri Deep Narayan Poddar E-mail: om.poddar@gmail.com To, Shri Rakesh Kumar Singh First Appellate Authority & Additional Secretary Central Information Commission Room No. 502 5 th Floor, Baba Gang Nath Marg, Munirka Near Old JNU Campus, New Delhi-110067 Sub: First Appeal under Right to Information Act 2005. Sir, I regret that Mr. Krishan Talwar, Deputy Secretary & CPIO refused to supply information pertaining to Life & liberty in the garb of section 2(f) of the RTI Act 2005. Matter pertains to imminent danger to Life and Liberty of an underground appellant therefore information has been sought in view of section 7(1) of RTI Act 2005. Hence, either you can supply the information sought against non-implementation of section 7(1) of RTI Act by CIC which has resulted in Planned Judicial Murder 1
of Appellant NO.02 Smt. Asha Rani Devi on 11.11.2017 and forced Appellant No.01 Mr. Om Prakash to become underground due to imminent danger to Life and Liberty or else you can order him to supply the same satisfactorily, or supply the same as per the rules under RTI Act-2005. My point wise averments and arguments are as under: Requested Information: 1.) When diary No 183722 of 2016 and diary No 170189 of 2017 pertaining two states jurisdictions namely Bihar and Delhi filed against department of justice government of India will be allotted file number by CIC New Delhi and will be heard by CIC new Delhi as the delay would cause another planned murder of appellant no 01 Om Prakash? Requested Information: 2.) Why F. NO. CIC/CICOM/A/2017/119689 filed against nonimplementation of section 7(1) of RTI Act and F. NO. CIC/CICOM/A/2017/126308 filed against non-disclosure of complaint information at the website of CIC New Delhi have been put before single bench of Divya Prakash Sinha IC CIC New Delhi while Rtd. justice S. B. Sinha is involved into the planned murder of appellant no 02 and posing imminent danger to the life and liberty of appellant no 01? Requested Information: 3.) When F.NO. CIC/CICOM/A/2017/119689 and F.NO. CIC/CICOM/A/2017/126308 will be heard under full bench of Non Bihari ICs of CIC New Delhi? Supplied Information: 1 to 3.) Not covered under section 2(f) of RTI Act, 2005, as your good self is seeking advise, response to queries/questions, opinion, reason etc. 2
Argument and reasons for full information: 1. Aggrieved by the refusal of reply dated 15.03.2018 pertaining to imminent danger to Life & liberty in the garb of section 2(f) of the RTI Act 2005 furnished by the CPIO, CIC under File No. CICCOM/R/2017/50113/CR-1, the appellant has preferred this First Appeal under Right to information Act 2005. 2. That the CPIO refused to reply the questions pertaining to imminent danger to Life & liberty of an underground appellant in the garb of section 2(f) of the RTI Act, 2005. However, RTI request is very much covered under section 2(f) of RTI Act 2005. As per the definition of section 2(f) of RTI Act 2005, Section 2(f) of RTI Act 2005 reads as "information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force. 3. That D.NO. 183722 has been filed in 2016 by the appellant and since then it is missing from the CIC record. When additional documents against D.NO. 183722 of 2016 have been filed as linked paper by the appellant then facilitation memo vide D. NO.16935 of 2017 issued by CIC for cure of defects and after curing defects 3
subsequently D.NO. 170189 of 2017 came into existence. 4. That status of D.NO. 170189 is also tempered by the CIC at the website. Earlier it was showing under review by DR later it is showing returned to sender. Facilitation memo against D.NO. 170189 of 2017 is also tempered by CIC. Earlier it was addressed to the Secretary, State Information Commission, Bihar later it is addressed to the State Information Commission Bihar 5. That on the contrary, the F.NO. CIC/CICOM/A/2017/119689 and F.NO. CIC/CICOM/A/2017/126308 have been put up before single bench of Divya Prakash Sinha, IC, CIC, New Delhi while as per the text of the RTI request, First Appeal and Second Appeal, Rtd. justice S. B. Sinha is involved into the planned murder of appellant no 02 Smt. Asha Rani Devi and posing imminent danger to the life and liberty of appellant no 01. Therefore, it is necessary to list this sensitive matter before full bench of Non-Bihari ICs of CIC to avoid obvious bias and in the furtherance of justice. 6. That non-implementation of section 7(1) of RTI Act 2005 against Second Appeal vide D.NO. 183722 of 2016 and vide D. NO. 170189 of 2017 by CIC, New Delhi has resulted in planned judicial murder of Appellant No.02 Smt. Asha Rani Devi on 11.11.2017. The present RTI request is interlinked with below mentioned matters filed before CIC, New Delhi and heard by CIC. 4
7. The material evidences of planned judicial murder of Appellant No.02 Smt. Asha Rani Devi have been filed as Written Submission vide D.NO. 160115 dated 30.08.2017; vide D.NO. 181770 dated 08.12.2017; vide D.NO. 100707 dated 03.01.2018; vide D.NO.103410 dated 16.01.2018; vide D.NO. 611990 & 611991 dated 12.02.2018 before Chief of CIC New Delhi at the time of hearing of Complaint No. CIC/MOLAJ/C/2016/299945; Appeal No. CIC/SCOFI/A/2017/113204; Appeal No. CIC/SCOFI/A/2017/122864 and Appeal No. CIC/SCOFI/A/2017/139611 respectively. 8. That the delay in supplying information against Second Appeal vide D.NO. 183722 of 2016 and vide D. NO. 170189 of 2017 by CIC New Delhi would cause another Planned judicial Murder of Appellant No.01 shri OM PRAKASH as it is interlinked with above mentioned matters filed before CIC and heard by CIC. 9. That in view of the above circumstances, the information is very crucial for the life and liberty of the underground appellant; which has not been supplied by CPIO, CIC, New Delhi. 10. Hence, information to be supplied in accordance with RTI Act 2005. 11. Appellant falls under below the poverty line Category hence requisite fees not enclosed with this First Appeal. 12. The appellant is filing the present First Appeal before the First Appellate Authority, CIC, New Delhi to seek reply of questions pertaining to nonimplementation of section 7(1) of RTI Act by CIC 5
New Delhi and Non-disclosure of Complaint information/data concerning Life and Liberty at the website of CIC New Delhi which has resulted in Planned Judicial Murder of Appellant NO.02 Smt. Asha Rani Devi on 11.11.2017 and forced Appellant No.01 Mr. Om Prakash to become underground due to imminent danger to Life and Liberty. DRAWN & FILED BY: APPELLANT IN PERSON OM PRAKASH NEW DELHI: FILED ON : 16.03.2018 6