C.M. Har. silent on Corruption issue raised by its own MLA, Gurgaon Constituency - SAGA OF CORRUPTION & COLLUSION

SAGA OF CORRUPTION & COLLUSION

Complete trailing E-mails relating to the letter written by Sh. Umesh Aggarwal, MLA, Gurgaon Constituency, raising corruption of more than 10,000 crores; unearthed by Lokayukta Haryana.

PARDEEP KUMAR रापडिया ADVOCATE <pradeep.kumar.rapria@gmail.com>

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Non-availability of the Order in Petition Reg.No. HIC/SIC-1/A/2016/1627, Registered on 08.03.2016

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Kumar Pardeep, Advocate <pradeep.kumar.rapria@gmail.com>	8 July 2016 at 00:22
To: SIC Hry <ussichry@yahoo.co.in>, cm <cm@hry.nic.in>, cmo <cmo@hry.nic.in>
To,       (1) The Chief Minister, Haryana/CM Office            (2) The Chief Information Commissioner,            State Information Commission, Haryana,            Chandigarh Respected Sir,        In continuation of my trailing E-mail on the captioned matter, this is to inform you that, on behalf of my clients I had sought certain information from the office of the CM, Secretariat and the matter was heard two(2) times before the Smt. Urvashi Gulati, Ld. IC and orders have passed, but still I have not received the copy of the order passed on 23.06.2016 by Smt. Urvashi Gulati, Ld. IC. Please see the snapshot of website of the SIC, taken on 08.07.2016 at 00:20 hours, which clearly conveys that the order has been passed. However, despite my personal visits and series of e-mails I am unable to lay my hand on the order.        Sir, the subject matter of the information is related a letter written by Shri Umesh Aggarwal, MLA, Gurgaon Constituency, which is the Annexure P-25 of the pending CWP in HC, to the Chief Minister, Haryana, had expressed his concern over the cover-up of the huge corruption unearthed by the SIT, Lokayukta and also said the action of the vested interests was clearly marred by conflict of interest, therefore the MLA had requested the Chief Minister to take strict action against the guilty officer, as per the recommendations of the Haryana Lokayukta in case/complaint No. 867 of 2011. However, even after exhausting all the remedies under the RTI Act the office of the Chief Minister has failed to provide any information relating to the action taken on the letter of the MLA of the present ruling party. The concerned officer of the Chief Minister even failed to appear before the State Information Commission for hearing, what to talk about furnishing of any information. Therefore, the captioned matter pertains to corruption, money laundering and hawala transactions running into thousands and thousands crores. During the hearing of the matter I had apprised the Ld. IC that the matter was urgent one; as the sought for information is required for assisting the Honourable High Court, which has already issued notice to the Union of India, CBI and Enforcement Directorate etc. And, in the captioned matter, this is the admitted fact that the investigation into the matter is over, therefore, now, there is no ground to withhold information.       Therefore, in these facts and circumstances and also keeping in view of the fact that the present matter involves the huge scam actuated by the Politicians-Bureaucrats-Corporate nexus and PIO of the CM Secretariat, was knowingly absent during the hearing, it appears that some official/s of the SIC are playing into the hands of the vested interests; for defeating the whole object of seeking information.       Therefore, you are hereby requested to look into the matter and ensure that the copy of the order passed by Smt. Urvashi Gulati, Ld IC is furnished forthwith to me, so that Honourable HC may be assisted effectively. Regards! P. K. Rapria... Advocate, Supreme Court & High Court (M.A., LL.B., PGDs in Cyber Law, IPR Laws & PGD in Journalism) Former Law Officer: Central Information Commission & NIA (The Central Counter Terrorism Law Enforcement Agency) National Working Committee Member, NCPRI (An organisation working for RTI Law) FOLLOW ME ON SOCIAL MEDIA: BLOG: http://cryforjustice-rapria.blogspot.in/  TWITTER: @pkrapria  https://twitter.com/pkrapria FACEBOOK: https://www.facebook.com/pkrapria On 30 June 2016 at 20:50, Kumar Pardeep, Advocate <pradeep.kumar.rapria@gmail.com> wrote: [Quoted text hidden] PARDEEP KUMAR रापडिया ADVOCATE <pradeep.kumar.rapria@gmail.com> Non-availability of the Order in Petition Reg.No. HIC/SIC-1/A/2016/1627, Registered on 08.03.2016 Kumar Pardeep, Advocate <pradeep.kumar.rapria@gmail.com> 30 June 2016 at 20:50 To: SIC Hry <ussichry@yahoo.co.in> Respected Sir, In reference to the captioned subject this is to elaborate that the bench of Ld. IC, Urvashi Gulati had heard the matter on 23.06.2016. Kindly see the below snap-shot of the Website of the SIC, Haryana, which indicate that the order has been passed, but the same is under process. In my earlier communiques including I had indicated the urgent nature of the matter; as the subject matter of the petition is related to the huge corruption/scam of more than 10,000 crores and during the arguments the Ld. IC, Urvashi Gulati had agreed to expedite the disposal of the matter, as the same is required for the effective adjudication of the petition seeking CBI and ED Investigation.        So far, neither I have received the order nor the same has been uploaded on the website of the SIC. It appears that inadvertently the order duly passed in under process in the Registry. Therefore, you are requested to ensure the furnishing of the order, including updating the same on the website of the SIC. SNAPSHOT OF THE WEBSITE OF THE sic INDICATING THE STATUS OF THE CASE. ​REGARDS!​ P. K. Rapria... Advocate, Supreme Court & High Court (M.A., LL.B., PGDs in Cyber Law, IPR Laws & PGD in Journalism) Former Law Officer: Central Information Commission & NIA (The Central Counter Terrorism Law Enforcement Agency) National Working Committee Member, NCPRI (An organisation working for RTI Law) FOLLOW ME ON SOCIAL MEDIA: BLOG: http://cryforjustice-rapria.blogspot.in/  TWITTER: @pkrapria  https://twitter.com/pkrapria FACEBOOK: https://www.facebook.com/pkrapria PARDEEP KUMAR रापडिया ADVOCATE <pradeep.kumar.rapria@gmail.com> Inadvertent errors/over-look in the order of Smt. Urvashi Gulati, in APPEAL CASE NO. 3124 OF 2016 1 message Kumar Pardeep, Advocate <pradeep.kumar.rapria@gmail.com> 13 June 2016 at 23:31 To: SIC Hry <ussichry@yahoo.co.in> Respected Madam, In continuation of my trailing e-mail I do wish to bring into notice of the Ld. IC; the errors/overlook in the order dated 09.02.2016 APPEAL CASE NO. 3124 OF 2016​, which appear to be the result of inadvertentoverlook, which are as follows: FIRST OF ALL the both cases i.e. CASE NO. 3124 OF 2016 and 139/2016 were adjourned for 23.06.2016 for further hearing, after taking on record my submissions to the effect that the both cases may be treated in terms of the Section -19 of the RTI Act. And, the Petitioner also undertook to give a brief background/factual matrix of the cases. Therefore, it appears that inadvertently the Ld. IC has disposed of the case; scheduled to be heard on 23.06.2016. SECONDLY the Ld. IC has observed in the order that "He (Petitioner) submitted that the sought information related to serious corruption and tax evasion matter but has not established any ground to warrant disclosure of information as the public authority is exempted under Section 24 of the RTI Act." However, the exemption of Section -24 of the RTI Act, has not even been sought the Respondent Public Authority, i.e., neither SPIO nor FAA, as the subject matter of the RTI Application is ex-facie directly related to huge scam/corruption. Moreover, u/s 19 (5) read with the proviso to the 20 of the RTI Act, the onus to justify the denial of information is on the SPIO. Therefore, if the subject matter of the RTI Application was not of corruption, the SPIO must have explained that the matter is not of corruption. Above all, my 2nd Appeal, 1st Appeal and RTI Application are self-explanatory of the saga of corruption. THIRDLY, the Ld. IC has concluded in the captioned order that "The Commission observes that information as it exists in the records of the public authority and permissible under the provisions of the RTI Act has been furnished to the appellant. No further directions are required to be issued to the respondent SPIO. Since no malafide has been established on the part of the respondent SPIO by the appellant, no case is made out for initiating penal action under Section 20(1) of the RTI Act against the respondent SPIO and awarding compensation to the appellant under Section 19(8)(b) of the RTI Act." In this regard, it is respectfully submitted that the Ld. IC has inadvertently has overlooked that the information on point no. 2, 3, 4 of the RTI Application falls in exclusive domain of the SPIO, CID, Crime. Therefore, the SPIO (CID) has miserably failed to furnish the requisite information available in his domain and permissible under the RTI Act. FURTHER, malafide is very vividly evident from the fact that with a view to cause delay and frustrate the object of s!eeking information and also with a view to protect the vested interests, despite the admitted position that the investigation was over; still the SPIO and FAA (CID) failed to furnish the requisite information. THEREFORE, in the interest of transparency and accountability the aforesaid inadvertent errors/overlooking may be cured by reviewing the order dated 09.06.2016, passed in Case No. 3124 OF 2016. Deep Regards! P. K. Rapria... Advocate, Supreme Court & High Court (M.A., LL.B., PGDs in Cyber Law, IPR Laws & PGD in Journalism) Former Law Officer: Central Information Commission & NIA (The Central Counter Terrorism Law Enforcement Agency) National Working Committee Member, NCPRI (An organisation working for RTI Law) FOLLOW ME ON SOCIAL MEDIA: BLOG: http://cryforjustice-rapria.blogspot.in/  TWITTER: @pkrapria  https://twitter.com/pkrapria FACEBOOK: https://www.facebook.com/pkrapria On 10 June 2016 at 13:00, Kumar Pardeep, Advocate <pradeep.kumar.rapria@gmail.com> wrote: Respected Sir/Madam I am the Petitioner in Case No. 139/2016 and 3124/2016, which was heard on 09.06.2016. During the course of hearing, Ms. Urvashi Gulati, Ld. Information Commissioner, with a view to better appreciate the factual matrix of the case, sought to know the background of the case, including the HC Order connected with captioned matter. Therefore, it was agreed by the Ld. IC that the requisite documents may be sent on the official E-mail ID of the Commission.       Therefore, please find attached herewith the brief background of the case along with the HC Order. The next date of hearing is: 23.06.2016. BRIEF NOTE FOR LD. IC IS ALSO REPRODUCED BELOW: " BEFORE THE STATE INFORMATION COMMISSION, HAR. AT CHANDIGARH CASE Nos.: 139/2016 & 3124/2016 IN THE MATTER OF: PARDEEP KUMAR RAPRIA, ADVOCATE C/o RAGHBIR SINGH S/O JAI KARAN, RESIDENT OF H.NO. 466/11, ADARSH NAGAR, KAITHAL (HARYANA).                E-mail: pradeep.kumar.rapria@gmail.com MOBILE No. 9467556024, 09999212148  ..........Petitioner/Info. Seeker //VERSUS// 1.     PUBLIC INFORMATION OFFICER-cum-SUPERINTENDENT, CHIEF MINISTER’S SECRETARIAT, HARYANA,CHANDIGARH 2.     PUBLIC INFORMATION OFFICER-cum-DSP (HQ),CID, HARYANA (PANCHKULA).                     .............Respondents BRIEF FACTUAL MATRIX OF THE MATTER CULMINATING INTO THE TWO CLUBBED CASE Nos. 139/2016 AND 3124/2016 RESEPECTFULLY SHOWTH: 1.     That the Information Seeker/Petitioner is the counsel for the Petitioners in CWP No. 6856/2016, wherein the HC has already issued notice to the CBI, Directorate of Enforcement, Financial Intelligence Unit – India, Directorate General of Income-Tax (Investigation)​, the Central Vigilance Commission and other concerned parties. In this regard, the self-explanatory HC Order dated 11.04.2016 is separately annexed with E-mail. 2.     The brief factual matrix of the case is that while acting on the several complaints of corruption in the Excise & Taxation Department, the Honourable Lokayukta, Haryana, registered a Case No. 867 of 2011 and constituted an SIT for conducting investigation. The investigation by SIT brought to surface a staggering figure of revenue loss to the tune of about Rs.10,618 crores (Rs.Ten thousand six hundred eighteen crores). The SIT Lokaukta felt that the matter required in-depth CBI investigation into the institutionalized form of corruption, money laundering, tax-evasion, forged entries in the banks, and hawala transactions of more than One Lakh Crores having inter-state ramifications, clearly made out from the report/recommendations of the Special Investigation Team (S.I.T.) of the Lokayukta, Haryana. 3.     That when the Haryana Govt. failed to take any action on the report of the SIT, Lokayukta, Sh. Umesh Aggarwal, MLA, Gurgaon, wrote a letter to the Chief-Minister, complaining that despite the Lokayukta Report no action had been taken by Har. Govt. Later on, the CM, Secretariate forwarded the matter to the CID Crime for investigation and now the investigation into the matter is over and report has been submitted to the CM Secretariat. 4.     Therefore, with a view to fortify the case of glaring corruption before the Honourable High Court, the Information Seeker had filed the RTI Application involved in the present two connected cases. Therefore, the matter requires expeditious disposal as the delay in supplying the information would frustrate the whole object of seeking information, i.e., effective assistance to the Honourable High Court for effective adjudication of the pending matter. Hence, the present submissions and along with the HC Order may be taken on record in the interest of justice. DATED: 10.06.2016                      (PARDEEP KUMAR RAPRIA)                                                              INFORMATION SEEKER" Regards! P. K. Rapria... Advocate, Supreme Court & High Court (M.A., LL.B., PGDs in Cyber Law, IPR Laws & PGD in Journalism) Former Law Officer: Central Information Commission & NIA (The Central Counter Terrorism Law Enforcement Agency) National Working Committee Member, NCPRI (An organisation working for RTI Law) FOLLOW ME ON SOCIAL MEDIA: BLOG: http://cryforjustice-rapria.blogspot.in/  TWITTER: @pkrapria  https://twitter.com/pkrapria FACEBOOK: https://www.facebook.com/pkrapria