Public Grievance DOPATE 201200589

Status as on 25 Oct 2014

Registration Number : DOPAT/E/2012/00589
Name Of Complainant : Sarbajit Roy
Date of Receipt : 23 Jul 2012
Received by : Department of Personnel and Training
Contact Address : Room No. 279, North Block, New Delhi-110001
Contact Number : 23093055
Grievance Description : I am aggrieved as follows: That a file/folder which may contain documents submitted by me to DoPT in December 2010 in connection with Amendments to RTI Rules has been malafidely misplaced by Shri Rajeev Kapoor (former Joint Secretary / DoPT), who has proceeded on superannuation thereafter. Although an internal circular has been recently issued on 26.06.2012 for loss/misplacement of the said records, no police report or FIR has been lodged by the Department so as to shield the said officer. I am further aggrieved that Shri Rajeev Kapoor, IAS, had ensured that the contents of the folders were not properly diarised in the dak records by his junior officers so as to facilitate the disappearance/theft/destruction of this file/folder or its contents. As the contents of this file/folder have a direct bearing on national/official security I demand that a formal FIR be lodged immediately under advise to me and other affected persons so that we may assist the investigative agencies. It is pertinent to mention that I had infomed Mr. Rajeev Kapoor as far back as 27 January 2011 about "malafide destruction" of contents of this file/folder but Mr. Rajeev Kapoor corruptly failed to act on the said formal communication I sent to him in his capacity as JS/Nodal Grievance Officer/DoPT.
Current Status : CASE CLOSED
Date of Action : 06 Mar 2013
Details : The folder containing suggestions from stake holders was lost. A look out circular was posted on the intramop of this Department. The folder has since been recreated.

PUBLIC GRIEVANCE: Reconstruction of folder containing comments on RTI Rules.
Sat, Aug 25, 2012 at 8:27 PM
To: secy_mop <>, jsata <>
1) Shri P.K.Misra, Secretary/DoPT,
2) Shri Manoj Joshi, JS(ATA)/DoPT

Date: 25-August-2012

Dear Sirs,

I refer to reply given to Rajya Sabha by Hon'ble MoS on or about 23.Aug.2012 concerning the subject, as reported by PTI as follows:

"File related to suggestions on RTI rules was misplaced: Govt Press Trust of India / New Delhi August 23, 2012, 17:20

The file related to suggestions on framing the Right to Information rules was misplaced, Rajya Sabha was informed today.

Minister of state for Personnel, Public Grievances and Pensions V Narayanasamy said comments of the stakeholders were invited on the proposed Right to Information Rules by putting an Office Memorandum on the official website of Department of Personnel and Training on December 10, 2010.

"Comments received from stakeholders on the proposed rules were misplaced. The folder has since been reconstructed," he said in his reply in the House. "

In this connexion,

I am aggrieved that no copy of FIR reporting the loss / theft has been provided to me, or even the particulars of the concerned police station provided to me.

I am especially aggrieved because the Mr Rajeev Kapoor (then JS/A&TA and also nodal PG Director) failed to register on CPGRAMS my Public Grievance in this regard sent to him by email on 21.March.2011 with subject "PUBLIC GRIEVANCE PETITION: Violation of Official Secrets Act by Officers of DoPT". For ready reference I am reproducing the text of my email so that PROMPT AND GENUINE ACTION IS TAKEN since I am concerned that Hon'ble MoS has been misled into giving false information to Parliament. Specifically I allege that the file/folder was not misplaced but it was ILLEGALLY taken out of DoPT premises for private photocopying to provide to foreign intelligence agencies and was not returned. For reasons best known to DoPT no action was taken on my confidential information and I wish to provide all the information in my knowledge to the investigative agencies to whom the DoPT is duty bound to report the loss / theft..

I would be obliged if my instant PUBLIC GRIEVANCE email is acknowledged within 3 days as provided for in the Public Grievance redressal scheme.

With best wishes

Yours faithfully

Sarbajit Roy
B-59 Defence Colony
New Delhi 110024

COPY of Email of 21.03.2011

Jt-Secretary (AT&A)/DoPT,
as Nodal Public Grievance Officer/DoPT


Date: 21-March-2011


I am constrained to inform / petition / complain that 2 officers of your Ministry have committed offences punishable under the Official Secrets Act and/or Prevention of Corruption Act by corruptly disclosing information submitted in confidence to your Ministry to persons acting at the behest of foreigners inimical / opposed to the Union of India. It is further pertinent that these brazen acts were committed despite clear warnings and cautions I conveyed to them well in advance. I therefore request you to kindly inquire into the following facts and initiate actions for the requisite prosecution of your junior officers under the applicable laws of India.


1) That on or about 10th December 2010 the DoPT published on its website an OM inviting comments on draft RTI Rules by email to US-RTI/DoPT (Shri R.K.Girdhar).

2) That I alongwith other persons known to me duly submitted our detailed comments by email to Shri Girdhar in confidence, each communication being clearly marked at the outset as submitted in Confidence / not to be disclosed. I was especially concerned that my communications not be conveyed to the "NAC" ie. National Advisory Council (which as per me is an extra-statutory body, and a nest of foreign spies and corrupt former public servants eased out of Government for acting as lobbyists/touts).

3) That on or about 29 December 2010 I came to know that a certain Commodore (Retd) Lokesh Batra who is closely associated with NAC member Ms Aruna Roy applied in RTI to Shri R.K Girdhar/CPIO to be provided access to the comments I had submitted in confidence. I promptly, ie. on the very same day, emailed Shri R.K.Girdhar informing him that I was a "third party" opposing disclosure of my communications which were submitted strictly in confidence to DoPT. I specifically called on Shri Girdhar to issue me a statutory 3rd party notice u/s 11 of RTI Act 2005 if he intended to disclose to any person information which either related to me or was submitted by me in confidence. I also say that I thereafter spoke to Mr Girdhar telephonically and reiterated that I was opposed to any disclosure of my numerous filings to DoPT to any outside person.

4) I was therefore shocked to learn that on 2 February 2011 Shri RK Girdhar issued a letter to Commodore Batra (File No.12/325/2010-IR) communicating a time and date where my filed comments would be disclosed to Commodore Lokesh Batra. I am reliably given to understand that the inspection took place on afternoon of 18.Feb.2011 in offices of Shri K./G.Verma and that Commodore Batra was provided xerox copies on the spot of all my communications without payment of the prescribed fees, due to a telephone call from Ms Aruna Roy (honorary member NAC) for this. I am outraged at the blatant subversion of the laws of India to cause me loss and harm by members of your Department. I am outraged that Shri Girdhar failed to issue me a 3rd party notice and disclosed my confidential information to the NAC through Commodore Batra. I am outraged that Shri K.G Verma/Directior RTI went out of his way to show all my confidential papers to Commodore Batra in his office and provided privately a copy set of my papers to Commodore Batra (without deposit of prescribed fees into Govt Treasury) at the behest of Ms Aruna Roy who is an influential private lobbyist. I am outraged that the entire RTI section of your Department has willfully and corruptly evaded diarising the comments received from the public on the aforesaid OM of 10.Dec.2010, so as to disclose them to foreign spies who misuse RTI process. I am outraged that your junior officers have corruptly disclosed my information to Commodore Batra in breach of penal provisions of Prevention of Corruption Act in addition to penal provisions of Official Secrets Act. I am also concerned that Shri K.G.Verma in particular has been influenced by Ms Aruna Roy to water down provisions of draft RTI Rules from 250 word application limit to 500 words whereas I had called for this limit to be further tightened to 150 words etc. as per other laws.

Accordingly, I call upon you to

A) Kindly acknowledge this Grievance Petition immediately, and
B) Kindly take all requisite actions to resolve my grievances under advice/reply to me.

Yours faithfully

Sarbajit Roy
B-59 Defence Colony
New Delhi 110024\\