Second Appeal under RTI Act – 2005.
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FILING INDEX
IN THE CENTRAL INFORMATION COMMISSION
BHIKAJI CAMA PLACE, NEW DELHI
IN THE MATTER OF:
OM PRAKASH ……PETITIONER
VERSUS
DEPARTMENT OF LEGAL AFFAIRS ……..RESPONDENT
GOVT OF INDIA & LAW DEPT BIHAR
S.N Particulars Pages
1. Second Appeal dated 03.11.2016 01-09
2. Response by FAA Law Department
Bihar dated 21.09.2016 received
on 21.10.2016.
10
3. First appeal dated 16.09.2016
to Law Department Bihar
11-20
Second Appeal under RTI Act – 2005.
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4. RTI reply by PIO Law Department
Government of Bihar dated
02.09.2016
21
5. RTI request to Law Department
Government of Bihar dated
17.08.2016
22-37
6. Response of RTI request dated
16.08.2016 by CPIO Department
of Legal Affairs, Govt of India
38-39
7. Status of FAA Department of
Legal Affairs, Govt of India
against First Appeal dated
03.09.2016
40
8. CIC order dated 25 Sept 2014
against Department of Legal
Affairs
41-42
9. Department of Justice letter to
NALSA dated 13.04.2015 against
the functioning of Legal Aid
43
Second Appeal under RTI Act – 2005.
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Institution in India.
10. NALSA letter to Delhi State
Legal Service Authority, Delhi
High Court Legal Service
Committee and Supreme Court
Legal Service Committee dated
13.05.2015.
44-46
11. Certified copies of false Case
by Ms. Veena Kumari & Advocate
Gopal Kumar dated 30.03.2010
47-55
12. Certified copy of Order sheet
of 09.02.2011 by Trial Court at
New Delhi
56
13. Certified copies of Replication
by Petitioner dated 03.03.2011
at Begusarai court through his
Advocate
57-68
14. Certified copies of Order sheet
of Begusarai court w.e.f.
69-75
Second Appeal under RTI Act – 2005.
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30.03.2010 to 02.05.2011
15. Information supplied by Ld.
System Officer, Begusarai Court
dated 01.03.2016 against 498A
76-78
16. Interim order dated 11.08.2016
by Law Department Government of
Bihar
79-80
Petitioner in Person
Filed on: 03.11.2016 Om Prakash
Diary No: 183721
Second Appeal under RTI Act – 2005.
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Date:03/11/2016
Ref: Appeal No. 39/2016, Letter No. PR.A. 5832/J
dated 21.09.2016 received on 21.10.2016 and PIO
Letter No-SU.CO.NO.-22-149/16-355/J, (LO.SU.) Dated
02.09.2016, Law Department, Government of Bihar.
From:
Om Prakash Poddar
R/O RZF-893, Netaji Subhas Marg
Raj Nagar Part-2, Palam Colony,
New Delhi-10077
Mob: 9968337815
E-mail: [email protected]
To,
Prof. Madabhushanam Sridhar Acharyulu
Information Commissioner
Central Information Commission
Room No.315, II Floor,
August Kranti Bhavan
Bhikaji Cama Place
New Delhi-110066
Sub: Second Appeal under RTI Act 2005
Sir,
1. I regret that the First Appellate Authority Shri Manoj Kumar, Law Department Government of Bihar
directly refused/denied to supply information
sought under First Appeal dated 16.09.2016 and
sent a misleading letter directing the applicant
appear before him with requisite fees although
the applicant comes under BPL category and the
matter pertains to issuance of frivolous N.B.W
dated 08.09.2011 process u/s 83 of Cr.Pc. and
keeping it secret in the file of court record by
the Advocate Gopal Kumar and his wife Women
Second Appeal under RTI Act – 2005.
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Protection Officer, Veena Kumari in the CJM
division Begusarai, Bihar after the settlement of
the same matter by the Hon’ble High Court of
Delhi in MAT.APPL. 7 of 2012 on 23.07.2013.
2. I also regret that CPIO Department of Legal
Affairs, Ministry of Law & Justice, Government of
India refused to transfer the online RTI request
to the Law Department Government of Bihar u/s
6(3) of the RTI Act 2005.
3. Matter pertains to two States Jurisdictions viz. Delhi and Bihar for the same cause of
action. Delhi High Court has pronounced Judgment
on the ground of the certified copy of court
record vide case no 9P of 2010 u/s domestic
violence Act, date of institution 30.03.2010
N.B.W issued dated 25.08.2010.
4. It also pertains to life or liberty of a
citizen and freedom of movement across the Indian
territory of a Citizen. After announcement of
Judgment another criminal case 5591 of 2013 date
of institution 07.02.2011 has been instituted u/s
498A and N.B.W has been issued dated 08.09.2011
process u/s 83 Cr.Pc. and kept it secret without
the knowledge of petitioner.
5. I regret that First Appellate Authority
Department of Legal Affairs, Ministry of Law &
Justice, Government of India declined to respond
the online First Appeal of the Petitioner.
Second Appeal under RTI Act – 2005.
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6. It is pertinent to note here that CIC
decision Order dated 25.09.2014 in Om Prakash
Poddar Vs Department of Legal Affairs has not
been replied back and not been complied by the
Department of Legal Affairs for the same cause of
Action.
7. NALSA has also not replied back the PMO and Department of Justice Complaint of the petitioner
against the Functioning of Legal Aid Institution
in India.
8. I thank Ld. Sudarshan Ram, Deputy Secretary-cum-Public Information Officer, Law Department,
Government of Bihar for his direct refusal to
reply against the RTI application dated
17.08.2016; as the information sought by the
applicant is not available on the record of this
Department and it does not pertain to this
department. Hence, PIO is not answerable to the
imaginary questions raised by the applicant under
the RTI Act 2005.
9. I think Ld. PIO has violated the very fabric of the provisions of this Act, therefore either you
can reply it or else you can order him to supply
the same.
10. The information is important because
applicant is going to file review petition
Criminal against the dismissal of Writ Criminal
136 of 2016 before the Hon’ble Supreme Court of
India to strengthen the malfunctioning of State
Apparatus in India.
Second Appeal under RTI Act – 2005.
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11. Hence, Second appeal is for enforcement of
CIC order dated 25.09.2014 and reply against non-
compliance u/s 6(3)(i)(ii) of RTI Act 2005 by the
Department of Legal Affairs, Ministry of Law &
Justice, Government of India and against Law
Department, Government of Bihar for not supplying
requisite sought information under RTI Act 2005.
BACKGROUND OF RTI APPLICATION:
1. That an online RTI application vide registration no. MOLAW/R/2016/50697 has been returned from the
Department of Legal Affairs, Ministry of Law &
Justice, Government of India and the petitioner
has been directed to file the same before the
concerned Public Authority under the State
Government.
2. That the online grievances no.999990118071603221 & 999990118071603224 has been filed through Bihar
Public Grievances Redressal System in RTI format
and the Chief Minister Secretariat, Government of
Bihar has found it under the negative list matter
and forwarded it to the Law Department,
Government of Bihar for requisite reply &
necessary action.
3. That the office of Departmental Public Grievances Redressal Officer, Law Department, Government of
Bihar, Patna has disposed of the grievances
no.999990118071603221 & 999990118071603224
without resolution and without requisite reply
with an interim orders vide disposal no.22211-
00044 dated 11.08.2016.
Second Appeal under RTI Act – 2005.
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4. That as per the order of Public Grievances
Redressal Officer, Law Department, Government of
Bihar; matter does not fall under the section
2(a) of Bihar Public Grievances Redressal right
Act 2015. Hence, petitioner is being advised to
file first appeal before the First Appellate
Authority, Law Department, Government of Bihar
within 30 days who is competent to redress it as
per the law of the land.
5. That the petitioner has filed the first appeal through email before First Appellate Authority,
Law Department of Bihar and supplied the scanned
certified copies of court records of Delhi &
Begusarai for his perusal through email dated
11.08.2016 & 13.08.2016 respectively.
I request you to pass an order to Department of Legal
Affairs, Ministry of Law & Justice, Government of
India and Law Department, Government of Bihar to
supply the following Information satisfactorily, or
supply the same, as per the rules under RTI Act-2005.
My point wise averments and arguments are as under:
Seeking Information from Department of Legal Affairs,
Ministry of Law & Justice, Government of India
1. Why the reply of CIC order dated 25.09.2014 has not been furnished to the petitioner as on date?
Aggrieved by the non-compliance of CIC order by
the Department of Legal Affairs, petitioner has
approached PMO against the ‘malfunctioning of
Legal Aid Institution in India’ and PMO has
forwarded it to the Department of Justice;
Department of Justice forwarded it to NALSA dated
Second Appeal under RTI Act – 2005.
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13.04.2015 and NALSA forwarded it to Delhi State
Legal Service Authority, Delhi High Court Legal
Service Committee and Supreme Court Legal Service
Committee dated 13.05.2015 but not action, no
reply?
2. Why CPIO Department of Legal Affairs, Ministry of Law & Justice refused to transfer the online
RTI request dated 14.08.2016 of the petitioner
u/s 6(3)(i)(ii) of RTI Act 2005 physically to the
Law Department, Government of Bihar when the
matter involves two states jurisdiction for the
same cause of action?
Seeking Information from Law Department, Government
of Bihar
In the backdrop of the above facts and circumstances,
the Petitioner is filing instant Second appeal
against 6 years long criminal conspiracy by the women
protection officer Begusarai and her Advocate husband
Mr. Gopal Kumar(Reg. No. 836/1991) for their own
vested interest by way of instituting frivolous
criminal case no. 9P/2010 filing date 30.03.2010 u/s
12 of Domestic Violence Act 2005 and case no.
5591/2013, filing date 7.2.2011 and first hearing
date 05.12.2013 u/s 498A/323 of IPC and u/s 3/4 of
D.P Act on the following:
1. On what ground women protection officer filed
frivolous criminal case no. 9P/2010 and case no.
5591/2013 without police diary after a gap of 6
years from the date of occurrence on 24th June
2004?
Second Appeal under RTI Act – 2005.
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2. On what ground the husband of women protection officer, Advocate Gopal Kumar, district court
Begusarai (Reg. No. 836/1991) managed to get
issued a frivolous NBW through SP Begusarai
against the respondent no.01 and his ailing
mother after a gap of 6 years which resulted in
finishing his whole family life?
3. Why the client of protection officer concealed
the material fact from the Begusarai Court that
she is already in receipt of Notice against case
no. 700/2010 of HMA before Dwarka Court at New
Delhi which is evident from the order sheet
dated 18.11.2010, 23.12.2010 and 13.01.2011 of
Begusarai Court?
4. Why the client of protection officer concealed
the material fact from the Begusarai Court that
she has appeared against case no. 700/2010 of
HMA before Dwarka Court at New Delhi on
09.02.2011 which is evident from the order sheet
dated 22.02.2011 of Begusarai Court?
5. Why the client of protection officer appeared
against case no. 700/2010 of HMA before Dwarka
Court at New Delhi on 09.02.2011 after filing
criminal case no. 397C/ 2011 on 7.2.2011 u/s
498A which converted into new CIS no. 5591/2013?
6. Why the client of women protection officer who appeared before Trial Court at New Delhi in case
no. HMA-700/2010 on 09.02.2011 did not supply
and intentionally concealed the copy of criminal
case no. 397C/ 2011 which converted into new CIS
no. 5591/2013 filing date 7.2.2011 and managed
to continue to take court dates since 7.2.2011
to till dated and did not file written statement
(WS) before Trial Court at New Delhi and did not
Second Appeal under RTI Act – 2005.
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join High Court of Delhi in case no. MATT. APPL.
7/2012 even after receipt of service Notice
which is also on the Supreme Court Record with
SLP(C) no. 19073/2013.
7. What is the correlation between case no. 9P/2010 and Case No. 97C/ 2011 converted into new CIS
no. 5591/2013?
8. Why no FIR, no written statement (WS) by the
client of women protection officer before the
Trial Court at New Delhi, no appearance by the
client of women protection officer before the
High Court of Delhi, yet frivolous criminal cases
are continuing for the same cause of action in
another state even after the settlement by the
High Court of Delhi in the case No. MAT. APPL.
7/2012 on 23.07.2013?
9. What departmental action has been taken against the women protection officer Ms. Veena Kumari &
her husband Advocate Mr. Gopal Kumar (Reg. No.
836/1991) for instituting frivolous litigations
Case no. 9P/2010 & 5591/2013 before Begusarai
Court and managed to get issued frivolous NBW
dated 25.08.2010 against the respondent no.01 &
his ailing mother and sustaining criminal
conspiracy since 6 years against respondent no.01
and his ailing mother to plunder their family
life permanently to an end; so far?
Aggrieved by the response of FAA, the applicant is
filing the present Second Appeal before CIC New Delhi
to seek reply against the above noted questions
against Department of Legal Affairs, Government of
India and Law Department Government of Bihar.
Second Appeal under RTI Act – 2005.
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DRAWN & FILED BY:
PETITIONER IN PERSON
OM PRAKASH
NEW DELHI:
FILED ON : 03.11.2016
Enclosures:
1. Response by FAA Law Department Bihar dated 21.09.2016 received on 21 Oct 2016. (page from
10 to 10)
2. First appeal dated 16.09.2016 to Law
Department Bihar(page from 11 to 20)
3. RTI reply by PIO Law Department Government of Bihar dated 02.09.2016(page from 21 to 21)
4. RTI request to Law Department Government of
Bihar dated 17.08.2016(page from 22 to 37)
5. Response of RTI request dated 16.08.2016 by
CPIO Department of Legal Affairs, Govt of India
(page from 38 to 39)
6. Status of FAA Department of Legal Affairs, Govt of India against First Appeal dated
03.09.2016(page from 40 to 40)
7. CIC order dated 25 Sept 2014 against Department of Legal Affairs(page from 41 to 42)
8. Department of Justice letter to NALSA dated
13.04.2015 against the functioning of Legal Aid
Institution in India. (page from 43 to 43)
9. NALSA letter to Delhi State Legal Service
Authority, Delhi High Court Legal Service
Committee and Supreme Court Legal Service
Committee dated 13.05.2015. (page from 44 to
46)
Second Appeal under RTI Act – 2005.
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10. Certified copies of false Case by Ms. Veena Kumari & Advocate Gopal Kumar dated
30.03.2010(page from 47 to 55)
11. Certified copy of Order sheet of 09.02.2011 by Trial Court at New Delhi(page from 56 to 56)
12. Certified copies of Replication by Petitioner dated 03.03.2011 at Begusarai court through his
Advocate(page from 57 to 68)
13. Certified copies of Order sheet of Begusarai court w.e.f. 30.03.2010 to 02.05.2011(page from
69 to 75)
14. Information supplied by Ld. System Officer, Begusarai Court dated 01.03.2016 against
498A(page from 76 to 78)
15. Interim order dated 11.08.2016 by Law
Department Government of Bihar(page from 79 to
80)