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  • 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
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    • 1,045 views
  • 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.
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    • 984 views
  • Priya De

    Four Biggest Mistakes you can avoid in your RTI Application

    By Priya De

    The Right to Information Act 2005 empowers every citizen to ask for information from Government Organisations. This information can be about your own personal case or more complex Government Policy. The Act also empowers us to take photocopies of the Government records and also online data in a form of CD. However, often PIO being Government Servant who perhaps is also the custodian of the information has a conflict of interest in giving out such information. Every Government Official at on
    • 10 comments
    • 43,016 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
    • 8,997 views
  • Sunil Ahya

    Kindly do not worry about the exemptions at the stage of filing a RTI application.

    By Sunil Ahya

    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
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    • 11,786 views
Asha Kanta Sharma
 

Critical Analysis of Supreme Court Judgements on the RTI Act, 2005 - Thalappalam Ser. Coop Bank Vs. State of Kerala (2013) 16 SCC 82

Critical Analysis of Supreme Court Judgements on the RTI Act, 2005 By Shailesh Gandhi, Former Central Information Commissioner   Judgment : Thalappalam Ser. Coop Bank Vs. State of Kerala (2013) 16 SCC 82 The issue before the Court: Whether a co-operative society falls within the definition of "public Authority" under Section 2(h) of the RTI Act and be bound by the obligations to provide information sought for by a citizen under the RTI Act. The observations of the C
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Asha Kanta Sharma
 

Critical Analysis of Supreme Court Judgements on the RTI Act, 2005 - Karnataka Information Commissioner Vs. PIO (HC)

Critical Analysis of Supreme Court Judgements on the RTI Act, 2005 By Shailesh Gandhi, Former Central Information Commissioner Judgment : Karnataka Information Commissioner Vs. PIO (HC) - Unreported Judgment About the case: A RTI applicant requested the Karnataka High Court for certified copies of some information/documents regarding guidelines and rules pertaining to scrutiny and classification of writ petitions and the procedure followed by the Karnataka High Court in re
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Asha Kanta Sharma
 

Critical Analysis of Supreme Court Judgements on the RTI Act, 2005 - R.K. Jain Vs. Union of India JT 2013 (10) SC 430

Critical Analysis of Supreme Court Judgements on the RTI Act, 2005 By Shailesh Gandhi, Former Central Information Commissioner Judgment : R.K. Jain Vs. Union of India JT 2013 (10) SC 430 The issue before the Court: The information requested was inspection of adverse confidential remarks against ‘integrity’ of a member of Tribunal and follow up actions taken on issue of integrity. Exemption was claimed on the basis of Section 8 (1) (j). The Court held that: Inter al
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Asha Kanta Sharma
 

Critical Analysis of Supreme Court Judgements on the RTI Act, 2005 - Bihar Public Service Commission Vs. Saiyad Hussain Abbas Rizvi JT 2012 (12) SC 552

Critical Analysis of Supreme Court Judgements on the RTI Act, 2005 By Shailesh Gandhi, Former Central Information Commissioner Judgment : Bihar Public Service Commission Vs. Saiyad Hussain Abbas Rizvi JT 2012 (12) SC 552 The main issue before the Court: The applicant had asked for names and addresses of interviewers in an interview board selecting candidates for Bihar government jobs. The Court held that: the Commission is not bound to disclose the information aske
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Asha Kanta Sharma
 

Critical Analysis of Supreme Court Judgements on the RTI Act, 2005 - Judgment: Manohar s/o Manikrao Anchule vs. State of Maharashtra AIR 2013 SC 681

Critical Analysis of Supreme Court Judgements on the RTI Act, 2005 By Shailesh Gandhi, Former Central Information Commissioner Judgment: Manohar s/o Manikrao Anchule vs. State of Maharashtra AIR 2013 SC 681 The issue before the Court: It was a case where disciplinary action had been recommended against the PIO under Section 20 (2) of the Act by the Information Commission. The observations of the Court: Para 11. The impugned orders do not take the basic facts o
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Asha Kanta Sharma
 

Critical Analysis of Supreme Court Judgements on the RTI Act, 2005 - Girish Ramchandra Deshpande Vs. Central Information Commission & Ors. (2013) 1 SCC 212

Critical Analysis of Supreme Court Judgements on the RTI Act, 2005 By Shailesh Gandhi, Former Central Information Commissioner Judgment : Girish Ramchandra Deshpande Vs. Central Information Commission & Ors. (2013) 1 SCC 212 The issue before the Court: Whether the information pertaining to a Public Servant in respect of his service career and also the details of his assets and liabilities, movable and immovable properties, can be denied on the ground that the informati
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Asha Kanta Sharma
 

Critical Analysis of Supreme Court Judgements on the RTI Act, 2005 - Namit Sharma Vs. Union of India (2013) 1 SCC 745

Critical Analysis of Supreme Court Judgements on the RTI Act, 2005 By Shailesh Gandhi, Former Central Information Commissioner Judgments: Namit Sharma Vs. Union of India (2013) 1 SCC 745 The issue before the Court: The Constitutional validity of Sections 12(5), 12(6), 15(5) and 15(6) of RTI Act, were challenged, which deals with the appointment and qualifications of Information Commissioners. The Court held that: The Court ruled that all Information Commissions must s
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Asha Kanta Sharma
 

Critical Analysis of Supreme Court Judgements on the RTI Act, 2005 - CPIO, Supreme Court Vs. Subhash Chandra Agrwal (2011) 1 SCC 496.

Critical Analysis of Supreme Court Judgements on the RTI Act, 2005 By Shailesh Gandhi, Former Central Information Commissioner   Judgment : CPIO, Supreme Court Vs. Subhash Chandra Agrwal (2011) 1 SCC 496. Case to be decided by Constitution Bench of the Supreme Court. The Constitution Bench is yet to be constituted. The issue before the Court: Whereas the information sought pertains to the Appointment of Judges in the Apex Court itself, the court framed the follow
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Asha Kanta Sharma
 

Critical Analysis of Supreme Court Judgements on the RTI Act, 2005 - Khanpuram Gandaiah Vs. Administrative Officer AIR 2010 SC 615

Critical Analysis of Supreme Court Judgements on the RTI Act, 2005 By Shailesh Gandhi, Former Central Information Commissioner Judgment : Khanpuram Gandaiah Vs. Administrative Officer AIR 2010 SC 615 The issue before the Court: The scope of the definition of “Information” contained in section 2(f) of the RTI Act. The observations of the Court: Para 6. Under the RTI Act "information" is defined under Section 2(f) which provides: "information" means any material i
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Asha Kanta Sharma
 

Critical Analysis of Supreme Court Judgements on the RTI Act, 2005 - Inst. Of Chartered Accountants Vs Shaunak H. Satya AIR 2011 SC 3336

Critical Analysis of Supreme Court Judgements on the RTI Act, 2005 By Shailesh Gandhi, Former Central Information Commissioner   Judgment : Inst. Of Chartered Accountants Vs Shaunak H. Satya AIR 2011 SC 3336 The issue before the Court: (i) Whether the instructions and solutions to questions (if any) given by ICAI to examiners and moderators, are intellectual property of the ICAI, disclosure of which would harm the competitive position of third parties and therefore
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Asha Kanta Sharma
 

Critical Analysis of Supreme Court Judgements on the RTI Act, 2005 - Chief Information Commissioner Vs. State of Manipur AIR 2012 SC 864

Critical Analysis of Supreme Court Judgements on the RTI Act, 2005 By Shailesh Gandhi, Former Central Information Commissioner Judgment : Chief Information Commissioner Vs. State of Manipur AIR 2012 SC 864 The main issue before the Court: Whether the Information Commissioner can direct the disclosure of information when a complaint is made u/s 18 of the RTI Act. The observations of the Court: Para 36: “This Court accepts the argument of the appellant that any other co
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Asha Kanta Sharma
 

Critical Analysis of Supreme Court Judgements on the RTI Act, 2005 - Judgment 1: CBSE Vs. Aditya Bandopadhyay (2011) 8 SCC 497

Critical Analysis of Supreme Court Judgements on the RTI Act, 2005 By Shailesh Gandhi, Former Central Information Commissioner   Judgment 1: CBSE Vs. Aditya Bandopadhyay (2011) 8 SCC 497 The main issue before the Court: Whether an examinee's (Students) right to information under the RTI Act includes a right to inspect his evaluated answer books in a public examination and taking certified copies of the same. The examining body,-CBSE,- had claimed that it held the in
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Asha Kanta Sharma
 

One year of RTI: Success stories

One year of RTI: Success stories Oct 11, 2006 13:53 IST   In Haryana A 70-old-woman gained access to files regarding pension and other benefits of her dead son — a Delhi Police constable who died in a road accident five years ago. Laxmi Devi of Bhiwani district had appealed to the Central Information Commission for access to notings in files pertaining to her son’s terminal benefits worth Rs 4 lakh. Laxmi was penniless after her son Anoop Singh’s death. Her daughter-in-law wa
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Asha Kanta Sharma
 

How I became an Information Commissioner ?

How I became an Information Commissioner ? AUGUST 28, 2017 BY SHAILESH GANDHI  Some friends wonder how I have the gall to be critical of the lack of process in selecting Information Commissioners, since they believe I must have resorted to influence and patronage for my selection. Let me detail the story of how i got selected: In the first week of August 2008 Arvind Kejriwal learnt that the government had decided on the names of four persons whom they would appoint as Central
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Asha Kanta Sharma
 

Right To Information Constricted

RTI constricted RTI usage and propagation is moving at a fast pace because of citizen enthusiasm and desire for accountable governance. The biggest gain has been in empowering individual citizens to translate the promise of ‘democracy of the people, by the people, for the people’ into a living reality.  The law as framed by Parliament has outstandingly codified this fundamental right of citizens. When framing the law cognizance had been taken of various landmark decisions of the Supreme Cou
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Asha Kanta Sharma
 

Misuse’ of Right to Information

'Misuse’ of RTI AUGUST 28, 2017 BY SHAILESH GANDHI  As an Information Commissioner who dealt with over 20000 cases I had the opportunity of interacting with a large number of RTI users and Public Information Officers (PIOs). Generally PIOs would refer to most applicants who file RTI applications regularly as blackmailers, harassers and those who were misusing RTI.  I would broadly divide those who filed a large number of RTI applications in the following categories: Those who
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Asha Kanta Sharma
 

Judiciary and RTI

Judiciary and RTI AUGUST 28, 2017 BY SHAILESH GANDHI The Supreme Court of India consistently held from 1975 to 2005 that RTI is a fundamental right of citizens. However certain decisions and pronouncements of the Courts in the last four years could weaken this powerful fundamental right. These should be discussed by RTI users and the legal fraternity: Challenging decisions of the Information Commission and stay orders:  The law provides for no appeals against the decisions of
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Asha Kanta Sharma
 

RTI Success Stories

RTI File notings helps 70-yr-old uses RTI to get dead son’s records Posted by rtiact2005 on August 5, 2006 70-yr-old uses RTI to get dead son’s records New Delhi, PTI: A 70-year-old woman from Haryana has used the Right To Information Act to gain access to files regarding the pension and other benefits of her son, a Delhi Traffic Police constable who was killed in a road accident over five years ago. A 70-year-old woman from Haryana has used the Right To Information Act
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Asha Kanta Sharma
 

RTI Success Stories - Vikaspedia.in

This village has finally tasted the power of RTI: For about two years, Suvarana Bhagyawant made rounds of the panchayat office to get her grandfather's death certificate. Every time, the official there would tell her to come later or pay a bribe of Rs 500 to get the work done. Suvarana, a resident of the Ambhegaon village, needed the certificate so that her grandmother could apply for the widow pension scheme. Finally, Suvarana filed a query under the Right to Information (RTI) Act. Sh
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Asha Kanta Sharma
 

RTI Fillings in India - Detailed Explanation

Right to Information Act 2005 mandates timely response to citizen requests for government information. It is an initiative taken by Department of Personnel and Training, Ministry of Personnel, Public Grievances and Pensions to provide a–RTI  Portal Gateway to the citizens for quick search of information on the details of first Appellate Authorities,PIOs   etc. amongst others, besides access to RTI related information / disclosures published on the web by various Public Authorities under the gove
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Asha Kanta Sharma
 

RTI Fillings in India

Procedure of filing an RTI In India:   The necessary requisites of an application filed under the RTI Act are: The aspirant must be the civilian of India. . The request must cover the details of facts and figures required. The proof of payment of application fee should be hemmed in. The address of the aspirant should be accessible for directing a reply. Private particulars excluding those essential for communicating an applicant are not required to be stated.
ashakantasharma

ashakantasharma

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Asha Kanta Sharma
 

How to Stop Corruption ?

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
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