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  • 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
  • Sunil Ahya

    RTI Act offers three levels to obtain a required information

    By Sunil Ahya

    Please be aware that the PIO's decision is not the final word in a given matter and that as a RTI Applicant you have an access to three tier hierarchical system by way of first and then second appeal under the RTI Act, as described below:   > RTI Application u/s. 6(1) with the PIO,   > Not received the information / not satisfied with information supplied by PIO / no decision by PIO,   > File a First Appeal u/s. 19(1) with the concerned First Appellate Authority (FAA),   > S
    • 0 comments
    • 10,880 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
  • 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
    • 0 comments
    • 11,658 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
    • 3,171 views
 

Observation of Hon'ble Supreme Court in access to information.

Observations of the Hon’ble Supreme Court on the Right to Information Act:-   “At this juncture, it is necessary to clear some misconceptions about the RTI Act. The RTI Act provides access to all information that is available and existing. This is clear from a combined reading of section 3 and the definitions of ‘information’ and ‘right to information’ under clauses (d) and (i) of section 2 of the Act. If a public authority has any information in the form of data or analyzed data, or a

MANOJ B. PATEL

MANOJ B. PATEL

 

Is RTI a toothless paper Tiger ?

Friends,   Right to Information sounds very good. A government official if avoids giving information will be penalized heavily sounds awesome to the ears. BUT, does it happen ? Is the system right from the SPIO to CIC/SIC in all the states hand in glove to avoid giving information ? And if the applicant persists, though CIC/SIC pass an order directing the SPIO to furnish the information, is it made available ? Does the CIC/SIC take congnizance of the NON COMPLIANCE complaint filed by an a

anuraag sharma

anuraag sharma

 

Appeal to the Courts.

If any RTI applicant is not satisfied with the decision of the State Information Commission/Central Information Commission, applicant can file an appeal in the State High Court or the Supreme Court. The RTI Act specifically bars the courts from considering any suit, application or any proceeding made under the RTI Act. However, it must be remembered that the RTI Act gives effect to a fundamental right, and according to the Constitution, the High Courts (under Article 226) and the Supreme Court

MANOJ B. PATEL

MANOJ B. PATEL

 

Efforts for RTI Act 2005.

For the introduction of our Right to Information Act, there have been efforts since 1996 onwards. The National Campaign for People's Right to Information was founded in 1996. Its founding members included social activities, journalists, lawyers, professionals, retired civil servants and academics, and one of its primary objectives was to campaigning for a national law facilitating the exercise of the fundamental right to information. In response to the pressure from the grassroots movements, nat

MANOJ B. PATEL

MANOJ B. PATEL

 

What is larger public interest

Most often the Public Information Officers, Departmental Appellate Authorities and even few Information Commissioners are referring to larger public interest, to deny information sought by an applicant. Element of larger public interest does not involve in every information sought by an RTI applicant.   The issue involved has wide legal ramifications. Let us consider the object of the Act:     Now, there are two conflicting public interests -   [1] the right of citizens to protect thei

RAVEENA_O

RAVEENA_O

 

Private or deemed universities are under rti

Often queries are raised in our forum whether private or deemed universities are under the ambit of Right to Information Act or not. Many such private or deemed universities did not designate Public Information Officers and no RTI link provided in their website. Mandatory disclosures required under Section-4 are also not complied with by these private or deemed universities. They ignore RTI applications and Appeals.   Private or Deemed Universities are public authorities within the meanin

RAVEENA_O

RAVEENA_O

 

Caste certificate and rti

The Central Information Commission in Second Appeal cases - F.No. CIC/SS/A/2013/ 002007-YA, F.No. CIC/SS/A/2013/002514-YA & F.No. CIC/SS/A/2013/ 002008-YA decided on 13/11/2014 held that the caste and educational qualifications of an employee is personal information of third party. The Information Commission erred in passing such an order holding that the Caste Certificate is exempted from disclosure under Section-8(1)(e) and 8(1)(j) of RTI Act. The Commission denied disclosure of

RAVEENA_O

RAVEENA_O

 

Right to Information and Supreme Court.

The Supreme Court has consistently ruled in favour of the citizens right to know. In Bennett Coleman v. Union of India, AIR 1973 SC 106: 1972(2) SCC 788, the right to information was held to be included within the right to freedom of speech and expression guaranteed by Article 19(1)(a). In state of U.P. V. Raj Narain, AIR 1975 SC 865: (1975) 4 SCC 428, Mr. J. K.K. Mathew explicitly stated that it is not in the interest of the public to cover with a veil of secrecy the common routine business....

MANOJ B. PATEL

MANOJ B. PATEL

 

Right to Information and Supreme Court.

The Supreme Court has consistently ruled in favour of the citizens right to know. In Bennett Coleman v. Union of India, AIR 1973 SC 106: 1972(2) SCC 788, the right to information was held to be included within the right to freedom of speech and expression guaranteed by Article 19(1)(a). In state of U.P. V. Raj Narain, AIR 1975 SC 865: (1975) 4 SCC 428, Mr. J. K.K. Mathew explicitly stated that it is not in the interest of the public to cover with a veil of secrecy the common routine business....

MANOJ B. PATEL

MANOJ B. PATEL

 

Provisions related to Fee and Time Limit for RTI in World Bank.

The World Bank responds to the applicant's request for information as soon as possible and in any event within 15 working days of receipt of the request. The World Bank makes a particular effort to process urgent requests quickly and, in any case, processes such request within 5 working days. For purposes of this paragraph, urgent requests are requests which relate to urgent human rights issues, or requests which reasonably appear to be urgent, including because of the potential for harm to loca

MANOJ B. PATEL

MANOJ B. PATEL

 

towards better RTI-related statistics

This is motivated by a desire to move from anecdotal evidence, even lots of it, which we can find by navigating thru sites like rtiindia.org, and develop more objective statistical evidence. The hope is that objective statistical evidence will make it easier to see which PAs and PIOs respond better to RTI queries, and which query-types are well-served by RTI, and which are not.     Right now, if we need to determine the quality of response of some PIO or PA, we are left with little choice but

murgie

murgie

 

Is RTI a Sham ?

Dear Friends,   RTI was meant to empower the common man to know the TRUTH. But What after knowing the TRUTH ? If SIC passes an order and if the SPIO doesnt comply, the final remedial measures are courts. Now if the common man had the TIME AND MONEY to approach courts, why in the first instance would he need RTI ? How many cases have been there, when the CIC or SIC have passed orders and it is complied ? And if not complied how many have been fined or imprisoned ? Statistics might be surprisi

anuraag sharma

anuraag sharma

 

Game under RTI

Dear Friends,   My experience in RTI is in Maharashtra, especially MUMBAI, and am still learning the tricks with tips from seasoned activists online, and some R & D on sites, or someone who has framed questions, which I adapt to my queries.   It has been my experience, that SPIO will always reply by sending reply under RTI, that information sought not available or not easily available, hence the RTI is disposed of. An Appeal to FAA, will get you a reply to come for personal hearing, wh

anuraag sharma

anuraag sharma

 

Returning Complaint filed to CIC under section 18 .

Nowadays CIC have started a new tactics to harass the applicants by returning the complaints stating the reason that your documents are not complete as per Section 19 guidelines to file the appeal before the commission .Our several complaints returned inspire of filing the same in sec 18 of RTI Act 2005 .   Please suggest how to overcome this problem and if anyone in the community facing this problem please do share your experience as well .   Manmohan

ManmohanSingh

ManmohanSingh

 

Do you have it in you ?

The line is really catchy and inspires many youths to join Indian Army as an officer . But do you know there are other attributes to make you a good soldier at least from authorities perspective ........Here are some RTI and replies which may give you a glimpse and please feel free to use of your imagination

jatin Sharma

jatin Sharma

 

Citizenship for spouse of Indian.

Citizenship for spouse of Indian Dear member,   Article 5(1)© of the Indian Citizenship Act of 1955 states that an individual can obtain Indian citizenship by registration if s/he is or has been married to a citizen of India and has been a resident of India for at least five years prior to making an application for registration. However, Article 9 of the Indian Constitution states that Indian citizenship is lost if a citizen acquires citizenship of a foreign country.   Response to Informati

MANOJ B. PATEL

MANOJ B. PATEL

 

How Officers Take Action on Complaint- Sample RTI application.

Re: How officers take action?   Request for information can be used to generate action for speedy disposal of pending files.   please file RTI application to the PIO,........Department and request him to provide following information from record regarding the complaints made by people.     (1) a list of the all complaints received by all officers of your department for the period.....from This list should contain details mentioned below.   (A)name and address of the complainant   (

MANOJ B. PATEL

MANOJ B. PATEL

 

Water supply problem.

Dear Member, non supply or scarcity of water and not proper care to maintain water pipe lines creates these problems.   Kindly file RTI application to the PIO of Nagarpalica/Municipal authority with a request to provide following information from RECORD.( mention area, locality where there is a problem of water supply)   (1) Number of connections given for water supply in our area.   (2) total population in this area as per your record.   (3) Requirement of drinking water on daily basis

MANOJ B. PATEL

MANOJ B. PATEL

 

Rti application fees and word limitation in different states.

The RTI aCT has come into force on 12th Oct,2005 to make the govt.funcctioning transparent and also making the common man able to question the governance wherever it went wrong.But there are lot of complications and confusions in the RTI appliucation ,fees etc., in various states and I want to make it clear and simple for the readers and activists. RTI Fees: 34 states and UTs have prescribed a fees of Rs.10/- But the following states have different fee structure. AP Rs.10/- for cities and R

koteswararaonerella

koteswararaonerella

 

Street light problems

Dear member, this is a common complaint and due to non working of street lights your locality remains dark and unsafe and criminals take advantage of this darkness.   You may file RTI application to the PIO of Nagarpalika/municipal corporation to seek the Information as under.   Sir, The following street lights have not been functioning since a long.   (A) ......................   (B) ......................(name of street)   Several complaints have been made but no action has been tak

MANOJ B. PATEL

MANOJ B. PATEL

 

RTI to Quest for Transparency

If RTI was the primary drum for the earlier Government, 'Quest for Transparency' is for the new one. If one sees the trend, it is clearly towards 'Quest for transparency' then RTI. The CIC remains headless, financial powers of CIC is now with Secretary DoPT. IC's are representing for their fixation of seniority.   All what is means is downsizing of RTI and upscaling of 'Quest for Transparency', i.e. Proactive disclosure. In times to come, DoPT is bound to reflect this in their publicity too

Priya De

Priya De

 

Social Audit.

Dear Member, various authorities carry out different type of works in localities so you need to file different RTI application to the concerned authority to seek information about the work carried out by each one of them. If you want to do a social audit of the works carried out by Road department kindly write RTI application as under.   To, The PIO,................(department's name, address)   Please provide information about all the works awarded by Road Department in............area for

MANOJ B. PATEL

MANOJ B. PATEL

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