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: om.poddar@gmail.com

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)