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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

 

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

 

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

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