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  • ashakantasharma

    What are some of the shocking, weirdest, silliest RTI requests made in India?

    By ashakantasharma

    What are some of the shocking, weirdest, silliest RTI requests made in India? As Abraham Lincoln said “Government is of the people, by the people, for the people” The government is our servant and we have no duty to explain why we seek information from them. The government holds all the information in our behalf, in trust. Like a banker can’t ask you why you want to see your bank account statement, similarly the government can’t deny if you ask them how they are governing our country.
    • 0 comments
    • 1,044 views
  • jps50

    How to inspect under rti ?

    By jps50

    I have compiled guidelines to be followed while undertaking inspection of records under RTI. The same is attached herewith. GUIDELINES FOR INSPECTION UNDER RTI 1. Even if you do not desire to carry out an actual inspection of records, invariably request as under in RTI application: This will have deterring effect on PIO against providing false information. 2.  If you are not very conversant with the language of record or have any other disability, please also add the follow
    • 5 comments
    • 8,995 views
  • jps50

    32 Reasons why Information Commissioners do not impose penality

    By jps50

    WHY DO INFORMATION COMMISSIONERS NOT IMPOSE PENALTY? ICs are under the wrong impression that it is their discretion to levy or not to levy penalty at their will. In fact, once the breach of RTI Act is committed and not reasonably explained, the penalty must follow.  ICs are afraid because if they levy penalties, the serving govt officers may dig out their [ICs] misdoings when ICs were in service and ICs may have to face investigating agencies post-retirement. ICs want to fo
    • 1 comment
    • 2,199 views
  • Priya De

    PIO Acts that makes you hate RTI ACT

    By Priya De

    How many times have you been asked to inspect the document when you have never requested? Ideally, if you have not applied for inspection of the document and the information requested is not voluminous, PIO should not ask the applicant to come for inspection of the document. PIO Acts that makes you hate RTI ACT But naturally, it is not the way. It is an easy way for PIO to first Get to know who is an actual RTI Applicant Intimidate the applicant by various means E
    • 5 comments
    • 9,031 views
  • ashakantasharma

    How to Stop Corruption ?

    By ashakantasharma

    How to Stop Corruption?  Corruption is one of the most disruptive problems faced by the world and it needs to stop without further damage to the humanity so as to have a better future for the coming generation. Corruption is a disease, a cancer that eats into the cultural, political and economic fabric of society, and destroys the functioning of vital organs. In the words of Transparency International, “Corruption is one of the greatest challenges of the contemporary world. It undermines
    • 0 comments
    • 1,193 views
 

Urgent Help Required in legal opinon

Sir, I am working as JAO in BSNL at Kadapa. We have the Cuddapah District Telecom Employees Co operative credit Society. I was taken information about accounting of the said society under RTI Act. It is noticed that in the information the society accounts audited up to 2001 only. Even though the co operative department conducted the election in 2007 and the old body is elected. After long struggle the society was superseded in DEC 2012 and special officer was appointed. The special officer wa

ibrahim_bsnl

ibrahim_bsnl

 

As defined in constitution of India, a citizen (Natural person) can seek information.

Only citizens can apply for the information under this Act. Therefore, a corporation, company or anybody of individuals whether incorporated or not, is not entitled to seek information. Citizenship is clearly defined in second part of the constitution of India includes natural persons and not juristic persons like corporation, banks.(Prabhakar S. Yende v PIO, Mapusa, Municipal Council, Goa.   In a case of Inder Grover v Ministry of Railways No. CIC/OK/A/2006/000121 27.06.2006 (CIC)... "Per

MANOJ B. PATEL

MANOJ B. PATEL

 

free information to a BPL applicant.

In a case os Sagada Mohanbhai Sursingbhai v PIO & Mamlatdar, Santrampur, Panchmahals (Gujarat), complaint No. 0374/2008-09 decided on 21.12.2009 (IC Guj) it was held, "if the name of the applicant is not deleted officially from BPL ration card, he remains as a BPL beneficiary and entitled to get the information free of cost. Respondent argued that comlainant/applicant's name was eligible for deletion from the BPL list is not a valid arguement." In a case of Sharma Praveen v National Human R

MANOJ B. PATEL

MANOJ B. PATEL

 

Information Commissioner has no powers to punish for CONTEMPT OF COURT.

In addition of above, they have no powers of arrest, seizure or imprisonment. Their powers are restricted to the provisions of section 20, applicable to the PIO only. And thus, Information Commissioner is comparable to appellate authorities such as I.T. Commissioner, S.T. Commissioner, and Human Right Commissioner etc. Section 18 does not confer on IC wider powers like Judicial Court.

MANOJ B. PATEL

MANOJ B. PATEL

 

Media persons can remain present during the hearing of RTI

Media persons and all bonafied citizens can remain present during the hearing of the proceedings and record them by device and report it on any fora. These are the fundamental rights. These rights may be temporarily suspended at specific instances if disturbance in any manner is deliberately caused. PIO and Appellant has the right to be accompanied with other who may be authorised to represent their views. Applicant may depute a person with authority letter on behalf of him to appear at hearing

MANOJ B. PATEL

MANOJ B. PATEL

 

Village panchayat administration,powers and functions-points for rti people

Of late a good no.of new members are posting that they wanted to file RTi about their village and some ask what are FUNCTIONS of the Panchayat and Majority OF THEM ARE not aware clearly what are the FUNCTIONS/POWERS OF THE GRAMA PANCHAYAT and therefore I thought of POSTING A COMPREHENSIVE BLOG ON THIS SUBJECT WHICH CAN BE REFERRED TO BY MEMBERS.   I am to state here that our country is having 6,49,481 (Six lakh Forty None thousands four bhundred eighty one) VILLAGES and the GRAMA PANCHAY

koteswararaonerella

koteswararaonerella

 

Hon'ble Gujarat High Court's order is not implemented.

Hon'ble Gujarat High court had ordered to send all the letters/posts/notices to the parties concerned by RPAD only. I have requested the Gujarat Information Commission to implement this order strictly but no possitive result.Though i know that it is contempt of the court, but I am sorry to say that as it is costly to file a w.p. about Contempt of the Court, i could not.   The Information Commissioners do not follow the spirit of this RTI Act. They refuse to consider ruling of CIC cited by th

MANOJ B. PATEL

MANOJ B. PATEL

 

Unanswered threads for those who want to help others

It was noticed that many of our members want to help others in the forum. To ease this, we have introduced a new feature from the top menu called 'Unanswered Threads' as seen below   You can search for unanswered threads which has been posted from your last visit, or at all time or by filtering through specific time like last one day, last 7 days etc. Once you click one of the menu, it shall present to you the threads and questions which have been posted but not yet replied.   But be fast,

Shrawan

Shrawan

 

Information of unknown caller on mobile phone

case of shri Hari Shankar Gupta numbering 2010/000138, Shri M.L.Sharma, central information commissioner hadIn a ordered to the Bharat Sanchar Nigam Ltd. (BSNL) Kanpur to reveal the identity of the UNKNOWN CALLER. The Commission held,"it is to be noted that while the right of privacy is sacrosanct it is not an absolute right. Consideration of safety, security and convenience of the called party are also relevant considerations. The caller had made two calls at midnight to the appellant. These

MANOJ B. PATEL

MANOJ B. PATEL

 

Appeal provided u/s 19 of RTI Act 2005 is Discretionary, not Mandatory.

Appeal provided u/s 19 of RTI Act 2005 is Discretionary, not Mandatory. **************************************************************************** Section 19(1) of RTI Act 2005 states that - “Any person who, does not receive a decision within the time specified in sub-section (1) or clause (a) of sub-section (3) of section 7, or is aggrieved by a decision of the Central Public Information Officer or State Public Information Officer, as the case may be, may within thirty days

skmishra1970

skmishra1970

 

The literal interpretation of section 8(1)(j) of the Right to Information Act, 2005

NOTE: From an email received from Advocate Mr Sundeep Jalan The literal interpretation of section 8(1)(j) of the Right to Information Act, 2005 The Guide to explore the Article 1.Background 2.Coming to the interpretation 3.An uncaring and delightful misreading of the Girish Ramchandra Deshpande judgment of the Apex court 4.The law of Precedents 5.What constitute (a) Public Interest (b) Privacy © disclosure of info on the ground of furnishing of info to the Parliament / Sta

karira

karira

 

Exempted organisation in Gujarat State

The following intelligence and security organizations are exempted from providing information under RTI Act in Gujarat State.   (1)state intelligence bureau. (2)criminal investigation department (CID Crime & Rlws) (3)anti terrorist squad(ATS) (4)commando unit (5)border wing home guards (6)state reserve police force(SRPF) (7)local intelligence branch(LIB) (8)special branch(in the office of all commissioners of police) (9)detection of crime branch(DCB) (10)prevention of crime branch

MANOJ B. PATEL

MANOJ B. PATEL

 

Information of officers credentials

If you doubt the competence of a particular government officer and feel that he may not be able to despense with his public duty in right earnest, you can demand his qualification, his experience certificate and even mode of appointment through RTI Act. The PIO can not deny to provide the information under section 8(1)(e) which exempts disclosure of information available to a person in 'fiduciary' relationship, unless there is a larger public interest involved in it.

MANOJ B. PATEL

MANOJ B. PATEL

 

Fees refund: Should students sue education institutes and can they do so? Yes!

Fees refund: Should students sue education institutes and can they do so? Yes! Students can sue for refund of fees - Moneylife   DUSHYANT MAHANT | 18/06/2014 02:25 PM |   Law is on the side of students who want to leave an institute or course mid-way and are seeking refund of fees. This also means, education institutesshould not be charging upfront fees for the entire course and refuse refund, in case the student wants it   Consider a typical scenario: A student takes admission to a coach

karira

karira

 

If PIO does not implement the order passed by FAA !!

If, in any case, the PIO does not implement the order passed by the FAA and the FAA feels that higher authotity should be informed to get the order implemented, the FAA should inform higher authority to take action against the PIO. The competent higher authority shall take necessary action to ensure implementation of the provisions of this Act.

MANOJ B. PATEL

MANOJ B. PATEL

 

Quickly read the content of the thread even before opening it

Starting today we have introduced a new feature over forum. You can quickly view the thread discussion few words and see if you want to open it and read the content. If the matter is not of your interest, you can hop to next one and simply keep the pointer over the thread title.   The screenshot is attached here:     All you need to do is to open any forum, and see the list of threads (as shown in the screenshot above). Take your mouse pointer to the thread title and hold for 2 seconds w

Shrawan

Shrawan

 

What about the information which is classified "Confidential" under the official secrets act, 1923 ?

In view of the provisions of the section 22 of the RTI act, section 22 overrides anything inconsistent with RTI act 2005.   In a case of Vishaish Uppal v Kamal Dayani, CPIO, PMO. CIC/WB/A/2006/274 Information Commission held," the appellate authority can not withhold this information either on the ground that the information is classified as "confidential" under the official secrets Act or under section 8(2) alone. The official secret act, 1923 stands neither rescinded nor abrogated'.

MANOJ B. PATEL

MANOJ B. PATEL

 

Appellate Authority not covered under penal provisions of the act ? Section 20(2),

Though an Appellate Authority (AA) is not covered under the penal provisions of the Act, in some exceptional cases the Information Commission recommended disciplinary action against the appellate authority. Generally Information Commission avoid or does not recommend disciplinary action against the AA, under their service rules. (1)Dr.Anand Akhila v Council of Scientific and Industrial Research CIC/EB/C/2006/00040. In this matter the commission held that though an appellate authority is

MANOJ B. PATEL

MANOJ B. PATEL

 

Delay in transfer of application.

Under section 18 of RTI act the commission is empowered to issue a show cause notice to the PIO as to why penalty should not be imposed for considerable delay in transfer the application.   "Praveen Kumar v North Western Railway, Jodhpur CIC/OK/A/2007/1358 (CIC)

MANOJ B. PATEL

MANOJ B. PATEL

 

Applicant's views for no penalty. sec. 20

In a case of Tasmeen Hamza Zaki v Regional Passport Office, Nagpur CIC/OK/C/2006/400, PIO submitted that the applicant is satisfied with the information provided to him and desired that no penalty be imposed upon the PIO. CIC told that the views of the applicant can not be reasonable cause for dropping proceedings of penalty agaist the PIO.

MANOJ B. PATEL

MANOJ B. PATEL

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