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Asha Kanta Sharma

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Blog on the most burning issues in India and the World.

Entries in this blog

 

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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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.

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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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    • There can be no faith in government if our highest offices are excused from scrutiny - they should be setting the example of transparency.
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    • 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.

       
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    • Your Fundamental Right to see the Government Records in a time-bound manner by paying 10 rupees.
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    • 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.
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    • Road Work Stopped midway causing accidents
      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.

       

       
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