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Fw: DISCLOSURE OF FILE NOTING IS PART OF OUR FUNDAMENTAL RIGHT TO KNOW!

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  • Milap Choraria
    TRUTH SHALL ALWAYS PREVAIL Milap Choraria  Editor: Suchna Ka Adhikar / RTI TIMES National Convenor : Movement for Accountability to Public (MAP)
    Message 1 of 1 , Oct 9, 2008


      TRUTH SHALL ALWAYS PREVAIL
      Milap Choraria 
      Editor: Suchna Ka Adhikar / RTI TIMES
      National Convenor :
      Movement for Accountability to Public (MAP)
      http://milapchoraria.tripod.com/msp


      --- On Tue, 10/7/08, Milap Choraria <milap_choraria@...> wrote:
      From: Milap Choraria <milap_choraria@...>
      Subject: DISCLOSURE OF FILE NOTING IS PART OF OUR FUNDAMENTAL RIGHT TO KNOW!
      To: rti-times@...
      Date: Tuesday, October 7, 2008, 6:31 AM

      DISCLOSURE OF FILE NOTING IS PART OF OUR FUNDAMENTAL RIGHT TO KNOW

       

      Can we consider that bureaucracy is being a part of our governing system, is also responsible for the present state of affairs, based on corruption at all the levels? Yes

       

      Without a bureaucracy no governance can run. Should we hat each and every member of the bureaucracy? No

       

      Our Policy should be as to divide in clear terms to an honest and dishonest bureaucrat!

       

      Honesty must pay, while strong punishment must for dishonest!

       

      Amongst bureaucrats, from the day one of the enactments, of the Right to Information Act, 2005, a strong lobby is prevailed that File noting should not be disclosed; otherwise honest bureaucrat cannot give their fair free opinions in the matters. Certainly, this lobby is runs by wrong doers. But, by our own wrong conduct, we the people, should support such a lobby or discard it?

       

      Certainly, non-disclosure of the file noting will provide a strong cover to corruption. But, at the same time, we cannot deny of the high risk of the threats to honest bureaucrats, who will suffer, if after disclosure of their honest opinion in File Noting, creates trouble for them. Therefore, there is need, to create a silver line of protection, for an honest opinion giver and personal responsibility for an opinion recorded, with the sole object to cause damage to some one. For this object, in our law their should be a clear provision that Government will stand with the bureaucrat in case any Civil Case is started against him, just for the reason of the file noting, but if finally decided by a Court of Law, that such file noting was not recorded just under good faith, but maliciously, with sole object to damage plaintiff of the case, in such event entire cost be recovered from the respective writer(s) of the respective file noting.    

        

      This is subject matter of debate is because recently one issue was cropped up after service of a Notice for recovery of alleged damage, by one person to one Ex-Bureaucrat, claiming that through File Noting, he causes severe damage to his future. I pointed out that whether he immediately challenged the same, or only after few years from such file noting, and under after thought, after going by the disclosure of file noting, decided to serve such a notice to take revenge. Because, we cannot support any appointment in bureaucracy, if one has previous record of doubtful character. For instance, reportedly, writer of the File Noting finds that an IB report is against him, and CBI conducted investigation against him. Aforesaid bureaucrat put on the record about past record of intending candidate and for such file noting appointment of such person was blocked. This was honest performance of such writer of file noting, and was good service to the nation and public at large. He performed his duty honestly. For this reason such writer of File Noting should be awarded, instead of any kind of threat to him. This provision should be inserted in the Right to Information Act, 2005. Since, we cannot allow denying of disclosure of the file Noting. Otherwise, denial of the file noting will convert in to denial of the fundamental right to know. I can prove this, since I received large number of file noting from the different Public Authority, including few from Supreme Court, exposing that how corruption was started to help the Land Mafia having close Nexus with Powerful politician, through Wrong File Noting.    

       

      Milap Choraria  

       

      TRUTH SHALL ALWAYS PREVAIL
      Milap Choraria 
      Editor: Suchna Ka Adhikar / RTI TIMES
      National Convenor :
      Movement for Accountability to Public (MAP)
      http://milapchoraria.tripod.com/msp


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