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
Scope of Section 8 (1)(j) of The RTI Act, 2005- 'Privacy' as abuse for claiming exemption
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
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
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
“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
“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
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
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
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
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As per Revision petition of full bench of NSCRDC "RTI Applicant is not a consumer" and SC has refused to entertain RP. There is no scope for considering RTI Applicant as consumer as the NSCRDC decision is final. No Consumer forum entertains any such complaint from RTI Applicant.
LUCKNOW: The Central government has provided categorized security cover to 308 persons, out of which 24 have been provided the highest Z-plus cover, according to the answer to an RTI query.
As per information provided by S.C.L. Das, Joint Secretary in the Union Home Ministry to city-based activist Nutan Thakur, two dozen persons have been given Z-plus security, 59 persons have been given Z security, 109 have been given Y-plus, 34 have been given Y and 82 persons have been given X category security.
New Delhi: Delhi High Court has ruled that vehicles of India’s top constitutional authorities like the President, the Vice President, Governors and Lieutenant Governors will have to be registered with the authority. According to the ruling, all vehicles need to clearly display the registration numbers. A petition, filed by an NGO Nyayabhoomi, claimed that the practice of displaying the state emblem, instead of the registration numbers, make the dignitaries become easy targets for terrorists and anyone with malicious intent.
In December last year, the Delhi High Court had asked the Centre and the Aam Aadmi Party (AAP) government in the national capital to place before it the rules regarding display of just the State Emblem of India on the cars of the constitutional authorities and dignitaries, such as the President, instead of their registration numbers, PTI had reported.
The petitioner also sought direction to the Delhi government and Delhi Police to seize the cars used by the Rashtrapati Bhawan, Vice President, Raj Niwas and Protocol division of the Ministry of External Affairs for not being registered under the Motor Vehicles Act, PTI reported.
After the petition was filed, a bench of acting Chief Justice Gita Mittal and Justice C Hari Shankar had directed both the governments to check the position and inform it about the same.
The plea was based on an RTI response by the Ministry of External Affairs which stated that none of its 14 cars maintained were registered.
Last year, the Rashtrapati Bhawan had refused to provide the registration numbers of all the presidential vehicles on the ground that disclosure of such information would endanger the security of the state and life of the President.
In our area, Corporation started laying new roads for sub-streets.They uprooted all the ballast in the sub street to prepare the street for laying new road.After heaping the ballast, they stopped the work midway causing life miserable for residents. A child playing on the street got her head broken on the ballast and got treated in a Private hospital.MLC registered.We are unable to take our vehicles out.Raised a complaint with Corporation and they did not take action till date ( more than 2 months elapsed since the date of complaint ).I would like a draft a complaint with proper exhibits.I need MLC information from police such as doctor MLC report.wound certificate etc to prove the mishap due to negligent conduct of the contractor,engineer and supervisor of corporation.Also need information on the contractor who left the work midway and the AE incharge of the ward.Also, in the main street,they re-laid the road with tar and within 2 months, a huge hole has come up.We have temporarliy closed it with boxes to prevent accidents.