Of late defiance of orders of Information Commissioners has become rampant. The only remedy with the information seeker is to lodge a complaint with Chief Information Commissioner, who routinely issues another order for compliance that too after a delay ranging from 6 to 36 months depending upon efficiency and pendency of CIC/SIC. Commissions hardly invoke powers of Civil Court vested in it u/s 18.3 to ensure speedy compliance with its own orders.
Hence I suggest that if after two months of
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
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
Kindly do not worry about the exemptions at the stage of filing a RTI application, as reasoned below:
As per section 7(1):
A PIO is supposed to either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons specified in sections 8 and 9
(Which means a PIO is supposed to either provide information or deny it under section 8 and 9).
As per section 19(5):
In any appeal proceedings, the onus to prove that a den
Guide to drafting a good RTI application
Drafting a good RTI application can be as easy as writing a simple leave letter. As long as the applicant knows the basics of the RTI Act 2005, drafting an application, requesting for information from any public authority, is little more than child’s play.
Your full name and address have to mentioned in the application. If you so wish, you can also mention your telephone number and email id, although this is optional.
It is settled law that literal meaning of the statute must be adhered to when there is no absurdity in ascertaining the legislative intendment and for that purpose the broad features of the Act can be looked in to.
The main function of the Court is to merely interpret the section and in doing so it can not re-write or re-design the sections.
"Rasila S. Mehta v. Custodian, Nariman Bhavan, Mumbai, AIR 2011 SC 2122-2129:(2011) 6 SCC 220: 2011(4) Supreme 497:2011(6) SCJ36
It is settled law that literal meaning of the statute must be adhered to when there is no absurdity in ascertaining the legislative intendment and for that purpose the broad features of the act can be looked in to.
The main function of the court is to merely interpret the section and in doing so it can not re-write or re-design the sections.
"Rasila S. Mehta v. Custodian, Nariman Bhavan, Mumbai, AIR 2011 SC 2122 at 2128-2129:(2011)6 SCC220: 2011 (4) Supreme 497:2011(6) SCJ36.
In case of S.P.Arora v State Information Commission,Haryana, 2009(74)AIC 830 (P & H) it was held....
" If Appellate Authority had recorded the statement of satisfaction of applicant in respect of supply of information, appeal pending before IC of State could not continue. Instead of refusing to entertain the appeal under section 19, the SIC had proceeded to decide the appeal and imposed penalty,order imposing penalty was not sustainable in law"
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
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)...
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
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.
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
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
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
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,
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
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
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)
(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
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.
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
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.
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
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'.
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
Applicant can not ask a PIO to do research, to answer questions, to create record. PIO is not responsible to reply the questions. Yet, if the information required may be hidden in the answer to the question, it is possible.
To my knowledge, this is one of the best judgments favouring applicants stating that FAA as quasi judicial authority must give property of personal hearing as a mandate when the issue is connected with Civil Consequences. In one of SA's CIC decision, Hon'ble IC quoted this judgment and declared that FAA ordering without giving opportunity of personal hearing makes the orders illegal and Void ab initio. Several letters and RTI applications were made to DOPT RTI cell, and they have rejected the
Inspired by your article, I am submitting you a brief, and documents for your kind perusal and opinion to file
the writ petition in Delhi High Court for the inaction of the information commissioner, central information commissioner under RTI Act. Hopefully after having study you shall revert back to me with your opinion.
The relevant Point for consideration to challenge the orders of the Sh. Y.K. Sinha, Information Commissioner, Central Information Commission by filling the writ petition un
Instances that involve disclosure of sensitive information, it may be rationale for the CPIO to ask for citizenship proof
Information Commissioner Divya Prakash Sinha held that seeking citizenship proof in case of demand of sensitive information is justified but seeking a signed copy of the application does not seem appropriate as the online portal does not mandate uploading of signatures.
Sinha was hearing the plea of an Odisha-based RTI applicant who had sought from the Army information regarding implementation of rules under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 in all defence establishments.
The Army did not provide any information to the applicant, the CIC noted. Akhand approached the Commission with a complaint that the central public information officer (CPIO) of the Army has demanded a signed copy of his online RTI application as well as identity proof before providing him the records.
“In this regard, it may be noted that as far as CPIO’s request for citizenship proof is concerned, the same is not questioned as Commission in its prior decision(s) has held the view that Armed Forces stand on a slightly different footing as there may be instances that involve disclosure of sensitive information, and for such reasons it may be rationale for the CPIO to ask for citizenship proof,” Sinha noted.
Originally posted here!