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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
    • 757 views
  • Sunil Ahya

    Understanding Section 7(9) of the RTI Act, 2005

    By Sunil Ahya

    1. Provisions in a law cannot be read in isolation, but all the relevant provisions have to be read along with together, for its harmonious construction: The basic principle to be followed in law, is that while interpreting any provision, it has be read along with all the other relevant & applicable provisions, for the correct interpretation of the provision in question. Sec 7 (1) is relevant & applicable while interpreting sec. 7(9) and therefore both these provisions will hav
    • 0 comments
    • 12,833 views
  • jps50

    information supplied in language which the applicant does not understand is no information

    By jps50

    RTI applicants face the problem of language of reply, especially if the information is sought from other states. I had sought information from BBMP [municipalcorporation] Bengaluru and had requested that information be supplied in English. However, I received a reply in Kannada and I had to email to my relative to translate it. I append below relevant extract from a judgment of High Court of Uttarakhand. I infer that information supplied in language which the applicant does not underst
    • 0 comments
    • 3,170 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
    • 1,967 views
  • jps50

    NON-COMPLIANCE OF ORDERS OF CIC/SIC –Administrative Remedy

    By jps50

    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
    • 0 comments
    • 5,318 views
 

Please Suggest and advise me to defend my position (CIC Hearing)

Hi,   Thanks to RTI …..everyone for their support and guidance to file second appeal to Central information commission.   CIC fixed the date for hearing. Please give some suggestions and advise which can help me to defend my position.   First time I am going to attain the CIC Hearing. So I have no idea about allowable time frame to defend my position and what are point I need to first place.   Please guide me.   Thanks

kaibalyarout

kaibalyarout

 

Knowingly Giving False/Misleading/Incorrect/Obstructing/Destroying information - Application of Section 20 (1) & (2) of RTI Act

In the aforesaid circumstances, the remedy lies in setting in motion the Appellate Process/Supervisory Jurisdiction of the Information Commission as prescribed under the Act. In order to corroborate the authenticity of documents supplied, if there is a reason to doubt, the applicant may file another query with the PIO requesting inspection of the relevant documents so as to gauge the efficacy of his apprehension regarding the supplied documents being false or misleading. This will help the queri

rameshverma

rameshverma

 

Observation - Clarification by Full Bench of CIC regarding "Public Authority" and "Authority"

The expression ‘public authority’ has been defined u/s 2 (h) of the RTI Act but the word ‘authority’ has not been defined under the said Act. In fact, the word ‘authority’ has not been defined under any law for the time being in force. Therefore, the word ‘authority’ requires to be construed as per the rulings of constitutional courts. It may be apt to mention that in Som Prakash Rekhi vs. Union of India (1981) 1 SCC 449, the Supreme Court observed as follows:- “27. Control by Government of th

MANOJ B. PATEL

MANOJ B. PATEL

 

RTI Second Appeal: How Central & State Information Commissioners (CIC / SIC) screw it up

RTI Second Appeal: How Central & State Information Commissioners (CIC / SIC) screw it up   Appellants have come to accept some of the below-mentioned ways of dealing with 2nd Appeals as legitimate, as the entire system is not working. But these are really instances of dereliction of duty by CICs and SICs, whose duties are defined in not only Sections 18, 19 and 20, but also in the entire RTI Act! They are paid fat salaries and given huge privileges to uphold RTI Act in its entirety, and no

D.T.RATHAVA

D.T.RATHAVA

 

The truth of an Air India Flight an Untold story, a blessing in disguise !

The truth of an Air India Flight an Untold story, a blessing in disguise ! On Sunday evening 13th July 2014 , the Air India's flight AI-144, a B-777, was ready for a routine flight from Newark to Mumbai with 300 passengers and 15 crew. The weather in New Jersey was heavy passing showers here and there.   It was a routine departure at about 5 pm (local time) for a long 15-16 hrs flight to Bombay now Mumbai. The aircraft naturally was at its maximum take off weight, as it was fully loaded w

journalist

journalist

 

Scope of Section 8 (1)(j) of The RTI Act, 2005- 'Privacy' as abuse for claiming exemption

Scope of Section 8 (1)(j) of The RTI Act, 2005- 'Privacy' as abuse for claiming exemption     INTRODUCTION   Section 8(1)(J) of the Right to Information Act, 2005 (Hereinafter called 'The Act') provides that notwithstanding anything contained in this Act, there shall be no obligation to give any citizen-   “Information which relates to personal information the disclosure of which has not relationship to any public activity or interest, or which would cause unwarranted invasion of the priv

D.T.RATHAVA

D.T.RATHAVA

 

Panchayat budget grants and Panchayat Works Expenditure

Often advice is sought about seeking information from Panchayat or Municipality Budget Grants, Development Works including funds used from Central and State sponsored employment guarantee schemes, MP/MLA LAD funds etc. Help and advice is also sought about seeking information to ascertain whether Municipality / Panchayat authorities are utilising funds as planned or contracts awarded are executed as per schedule. In such cases, it is necessary to seek details of budget grant and the expenditure

RAVEENA_O

RAVEENA_O

 

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

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

Sunil Ahya

Sunil Ahya

 

PIO Acts that makes you hate RTI ACT

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

Priya De

Priya De

Four Biggest Mistakes you can avoid in your RTI Application

Four Biggest Mistakes you can avoid in your RTI Application

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

Priya De

Priya De

 

a Complaint and an Appeal

When to file a Complaint 18 (1) Subject to the provisions of this Act, it shall be the duty of the Central Information Commission or State Information Commission, as the case may be, to receive and inquire into a complaint from any person, - a. who has been unable to submit a request to a Central Public Information Officer or State Public Information Officer, as the case may be, either by reason that no such officer has been appointed under this Act, or because the Central Assistant Public In

D.T.RATHAVA

D.T.RATHAVA

 

Landmark Decisions of CIC

My Collection Landmark Decisions of CIC ( For Guidance ONLY ) It has been observed that many information seekers as well as officers/staff are approaching RTI cell for clarification guidance on the various aspect of the RTI act 2005, including whether their queries or replies are in consistence with the provisions of the RTIA. A strong need had therefore been felt to provide some guidelines which will serve the interest of both parties. The matte

D.T.RATHAVA

D.T.RATHAVA

 

‘fiduciary’ and ‘fiduciary relationship’

part …2 “There is a technical distinction between a ‘fiducial relation’ which is more correctly applicable to legal relationships between parties, such as guardian and ward, administrator and heirs, and other similar relationships, and ‘confidential relation’ which includes the legal relationships, and also every other relationship wherein confidence is rightly reposed and is exercised. Generally, the term ‘fiduciary’ applies to any person who occupies a position of peculiar confidence t

D.T.RATHAVA

D.T.RATHAVA

 

fiduciary’ and ‘fiduciary relationship’

PART 1 fiduciarrelationship’ thus: “A relationship in which one person is under a duty to act for the benefit of the other on matters within the scope of the relationship. Fiduciary relationships – such as trustee-beneficiary, guardian-ward, agent-principal, and attorney-client – require the highest duty of care. Fiduciary relationships usually arise in one of four situations : (1) when one person places trust in the faithful integrity of another, who as a result gains superiorit

D.T.RATHAVA

D.T.RATHAVA

 

RTI Complaint or RTI Second Appeal Which is more effective

RTI Complaint or RTI Second Appeal Which is more effective   RTI Appellants can use Section 18 to improve their chances of getting Public Information Officers (PIOs) penalized by sacrificing their demand for getting the requested information. A strictly legal interpretation of this section of Right to Information Act 2005 leaves the PIO and the public authority (and also the Information Commissioner) with relatively less room for escaping. Read section 18(3) with care. It says: “The… Inform

D.T.RATHAVA

D.T.RATHAVA

 

RTI and Third Party Information

RTI and Third Party Information: What Constitutes the Private and Public? The passing of the Right to Information Act, 2005 was seen as giving an empowering tool in the hands of the citizens of India, six years post its implementation, loopholes have surfaced with misuse of the many fundamental concepts, which have yet not been defined to allow for a consistent pattern of decisions. Among many problems that emerge with the Act, a major problem is defining the extent to which an individual has a

D.T.RATHAVA

D.T.RATHAVA

 

Does rti truly help ?

Friends,   Just back from the hearing of Non Compliance of SIC Order. In the hearing the PIO too was present, who expressed his inability to comply since the records are not available. In the previous order SIC had ordered the file to be reconstructed, the PIO of Building and Factory, said since the building was completed in year '62 and the builders too not traceable and the architect too not, it is not possible.   Strangely, SIC asked me as to what to do, since the upkeep of the record wa

anuraag sharma

anuraag sharma

 

About further payable fee

ABOUT FURTHER PAYABLE FEE.     The details of further payable fee should be indicated for each item and the methodology through which the same has been arrived at should also be communicated to the applicant. The applicant shall also be informed about the particulars of the appellate authority so that he/she can exercise his/her right of appeal if dissatisfied. The CIC has given the following decisions with regard to charging of fees: Under rule 4 (a) of the RTI (Regulation of Fee and Cost) R

MANOJ B. PATEL

MANOJ B. PATEL

 

Difference Between Private and Deemed Universities.

Deemed to be Universities are institutions which are not established as Universities through legislations, but which are declared as deemed to be universities as per Section 3 of the UGC Act.   Section 3 of the UGC Act empowers the Central Government to declare by notification any such institution as deemed to be university on the recommendations of the UGC. All provisions of the UGC Act are applicable to the deemed to be universities.   These deemed to be universities have the following s

MANOJ B. PATEL

MANOJ B. PATEL

 

Loopholes in RTI Act

LOOPHOLES IN RTI ACT 2005.   1. No responsibility/accountability of the FAA   2. No time limit for CIC/SIC to decide appeals   3. Selection procedure for ICs and qualifications/criteria are very vague   4. After SC judgment in State of Manipur case, Sec 18 is virtually defunct   5. Some definitions are confusing....somewhere act mentions "person", somewhere it mentions "citizen" somewhere else,   something else   6. Non compliance of Commissions orders are left vague   7. No acc

MANOJ B. PATEL

MANOJ B. PATEL

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