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  • RTI query reveals banking frauds of ₹ 2.05 Trillion reported in the last 11 years
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  • The Central Information Commission has allowed disclosure of file notings on the mercy petition of a rape and murder convict, rejecting the government's contention that the records cannot be disclosed as these are privileged documents under Article 74(2) of the Constitution.
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  1. Yesterday
  2. Hi, Need some clarity on how to draft the RTI for the information asked; Alternatively, please advice what other course of action to pursue? Background:- Case of Illegal Recovery of Pension by Public Sector Bank (SBI) 1) SBI, the pension disbursal bank mistakenly overpaid the pension to the pensioner for 10 years; 2) No connivance or misrepresentation from the Pensioner; solely a mistake done by the Bank. The over payment was detected via a CAG Audit, and the mistake of the bank as well was pointed out in the same audit 3)Now SBI has started recovering the Pension since last 3 years, illegally. 4)No recovery order or show cause notice has been ever issued to the Pensioner by SBI or any competent authority 5)This recovery is illegal as per Apex Court judgement on Rafiq Masih's Case- which states that no recovery can be done after 5 years of continual overpayment 6) The Pensioner has been forced to go to the court to seek redressal. Case is stuck in the court for the last 3 years An RTI Was filed in May 2018/ Information sought and response received are as under:- Q-2) Provide the list of all officials and their designation who dealt with this pension matter during Dec 2006 to Dec 2007 at CPPC and SBI Branch Q-3) Name the officer who responsible for sanctioning the excess pension Q-5) Please provide number of cases in your bank wherein excess amount of pension is being recovered Response received (for all three questions, above) from CPIO: As informed by the Branch Manager of your branch : Information is not available Q-4) Name the officer who is recovering my excess pension Response received : The excess pension has been detected by the Performance Audit Team under CAG and adviced via audit memo 36 dated XX to recover the amount of 10 Lakhs which is over paid since 1. 1. 2007. As such bank is recovering now and refunding the authority. My Comment on Q-4: It doesn't give the name of the officer who is recovering excess. Plus: The Audit Memo from CAG does not talk about recovery at- all. This has also been mentioned in the affidavit by the pension sanctioning authority in the court where it states that CAG has not issued any order of recovery. So this response is misleading. Unfortunately I was not able to file the First Appeal to the above response. Should I file another RTI ? Is re-drafting of the questions needed? The bank is hell bent on shielding its errant officials and protecting them. Please feel free to advise me on any other course of action as deemed fit. Thank You, Andy
  3. Prasad GLN

    information notasked for provided by PIO

    I am surprised first with title. Information not asked provided. Often PIOs complain that RTI Act is being misused. Do you know that PIOs can also misuse/abuse RTI Act. Yes. True. I have been handling such a case that has not reached it's final stage even after eleven years. The citizen is 96 years old. Her son has leased a property to a PSU. Her son was just a owner and never had any business transactions, and as he was in a different station for last 40 years, as he was receiving lease rent, no one suspected a fraud. After death of the owner, the agent appointed by PSU divided the property within his family. The citizen asked facts of agent becoming owner. The dealer\s advocate prepared a letter as to how PSU should reply, PSU obtained such a request letter, stated that it is a record provided by dealer, and provided that incorrect information that owner was indebted to them and such debt was paid by their dealer, and this is the consideration for sale of the site taken by them for rent. The fact is that citizen's son never had a financial relation. As PSU stated that information it became a public record, the case was dismissed.by court in 2009 as 96 year old citizen has not established fraud that has taken place in 1964. When citizen has asked same public authority, CPIO refused inspection after CIC decision and stated that providing information for incidents that happened prior to 20 years is his discretion. But for dealer, he has obtained RTI Application and provided that information as required by him stating that it is a public record. For eleven years PIO has not provided the facts on his public records . Hon'ble IC decided when public authority has stated that informaiton as per records, it is the end. If not citizen has to court and establish fraud by PSU in court and there is no role of RTI in getting such public record, as it is an information useful only for citizen and not in larger public interest !!!!!
  4. Last week
  5. nazirazad

    information notasked for provided by PIO

    Thank you sir Sent from my SM-G570F using RTI INDIA mobile app
  6. Prasad GLN

    Regarding original documents submission

    This forum is dedicated for guiding citizens in seeking information from public authorities under RTI Act. Members can not guide as to whether original mark sheets have to be kept as security by the employer is legal or not. It is all mutual understanding between employer and employee. The employee may willingly provide them for verification of credentials. If the employee is not willing he need not submit those documents. No one can force an employee to submit such certificates as security. Such qualification certificates are meant for verification process only. Employee may question such legality with such employer or offer security deposit as per the rules. Both employer and employee has such issues. Employee may jump into other oganization after gaining experience and learning the work and deriving maximum benefits, and employer continues to always recruit freshers periodically and making that organisation a Training institute, as he can not afford to pay such salaries as his competitors. Employees after learning work and gaining experience always tries to get more salary and jump at the earliest opportunity. Both are justified in their stand.
  7. Prasad GLN

    information notasked for provided by PIO

    List out those PIOs that have provided incomplete information, and deemed denial of information, and incorrect information. That means you have to prepare three lists separately. File addendum to first appeal stating that information clearly to FAA. Wait for his response and then go for second appeal.
  8. nazirazad

    information notasked for provided by PIO

    Sir. The pay fixation in next grade, then fixation on account of seventh pc, the arrears calculated and latest pay details of sixty one principals appointed vide single government order was sought in December 2018 from pio higher education department. He initially denied information on the plea of non availability of the required information. I filed first appeal before FAA who after a long process directed pIO to do as requested by me. PIo tranfered the application to two nodal principals of the state ( Jammu + Kashmir ) on 3/6/19 through email .Jammu nodal principal circulated my application wihin a couple of days to the principals of Jammu region while as Kashmir Nodal principal circulated it on 13/6 to the Kashmir colleges asking them to send the required information to me directly. Some principals provided wrong , some sent ambiguous and some provided incomplete information and the information from most of the principals is awaited. In the given situation should I go for second appeal or file complaint with FAA against the principals whose information is not satisfactory? Kindly guide me. Sent from my SM-G570F using RTI INDIA mobile app
  9. Is it legal to take employee original marksheets as a job security? Should I submit my documents for 1 year? Sent from my Moto G (4) using RTI INDIA mobile app
  10. Prasad GLN

    Second Appeal

    As per Sec.20 of RTI Act, Information commission has powers to take penal action against Public Information Officers or such deemed public information officers who assisted PIO in providing that information. Mostly IC proceeds on facts filed in Second appeal and address mentioned by appellant in second appeal of PIO. If, there is an error, applicant should immediately write to PIO pointing out the discrepancy and providing the correct address of PIO under copy to concerned PIO as early as possible. What is that notice has to be specified. Whether it is show cause notice or hearing notice, and based on PIOs submission before IC pointing out lapse of another officer who is concerned with that issue ?
  11. Prasad GLN

    information notasked for provided by PIO

    Finally what is the query ? The post states transfer of RTI Application from PIO to another PIO. What are the FAA orders ? What was the exact query and date of RTI ? The obligation of providing such information within 30 days from receipt of RTI Application is always with designated Public Information officers. It appears that it appears that transfer was made on 3-6-2019 and it may reach PIO on 8-6-2019 and if PIO provides that information on 7-7-2019 it may reach appellant only on 12-7-2019. If appellant fails to receive information on 12-7-2019, he may prefer first appeal to the college PIO's superior authority, designated as FAA .
  12. Prasad GLN

    RTI in Maharashtra Government

    The accountability ultimately is only on local authorities that must implement the time frame fixed under citizen charter. You can issue registered notice , informing them the time frame within which the meter has to be replaced, and the delay, and if the meter is not replaced within 15 days it amounts to deficiency of services under CP Act. After a month after issuing such notices, you may file consumer complaint before District Consumer Forum. You can file RTI Application to the authority that is entrusted with such billing and can demand information as follows: 1.Please provide me the certified copy of calculation sheet for arriving to consumption charges for the months of ......on Consumer No......at..................................address as the meter was faulty.
  13. Prasad GLN

    Interim Orders of Apex Court

    You can get such copy of the orders from the authority to whom such directives were issued by SC under RTI. You can also make an attempt to search in google, and you may get those orders.
  14. Hi Team, My electricity meter was not working properly. It was giving inflated bills. For that I have filed a grievance in https://grievances.maharashtra.gov.in/en/ which should be solved in 21 days. The grievance was not solved in 21 days. And I got some of the amount back in electric meter. But, I think that some of the amount is still remaining. I want to ask for the delay in getting this matter solved and what formula they have applied in giving me the amount back as I am not satisfied with it. This is my first grievance to file an RTI query. My second grievance is that I have filed the same issue in Maharashtra State Commission. This is the website to file grievance https://aaplesarkar.mahaonline.gov.in/en/ For that I have paid ₹23 (₹20 fees + ₹3 GST). The issue filed here should be solved in 15 days But its still not solved. I am attaching a snapshot for this. This is my second grievance to file an RTI query. If I want to file RTI for both of this, to whom should I redirect? CMO, Maharashtra? As I cannot see RTI details in both the websites. Thanks & regards, Amit Jha
  15. Prasad GLN

    What to do if reply of First appeal not received

    If you fail to receive reply from FAA within 50 days from posting of your first appeal, go to second appeal before Commission on Deemed denial of FAA orders.
  16. pankajvij

    What to do if reply of First appeal not received

    sir, i had filed my first appeal on 20 feb 2019, still its shows pending, please guide
  17. nazirazad

    information notasked for provided by PIO

    Kindly ignore this post Sent from my SM-G570F using RTI INDIA mobile app
  18. nazirazad

    information notasked for provided by PIO

    Instruction of Administration Department PIO after verdict of FAA Sent from my SM-G570F using RTI INDIA mobile app
  19. After a long struggle I succeeded in getting the verdict from FAA when he instructed PIO (undersecretary to Government) to provide me the required information.The PIO instructed the college principals of the state to send the information directly to me.But some principals either provided wrong or incomplete information or the information not asked for. Should I file my complaint before undersecretary ( pio of administrative department) or FAA or State Information Commission? Please guide. Sent from my SM-G570F using RTI INDIA mobile app
  20. https://www.thehindu.com/news/cities/Tiruchirapalli/hindu-munnani-cadre-held-for-protests/article28076021.ece Inreference to the above mentioned subject matter " the issue was taken to the High Curt court, which ruled in favour of the group that proposed to construct a temple on the vacant land. Subsequently, the Supreme Court, without passing any orders against the lower court orders, directed the appellant, the minority religious society, not to take up any construction activity on the piece of land " . As I understand, The Hon'ble SC has directed the appellant means that they must have passed some interim directives or communication to both parties. I searched the SCC website and could not find copies of such directions. I have the names of respondents and petitioners, the High Court Judgement and Review Judgement details. I don't have the SC diary number or case number. I would like to seek the copy of directions issued by SC directing the appellant, the minority religious society, not to take up any construction activity on the piece of land . Kindly advice on filng RTI application with Hon'ble supreme Court . Will the District Collector posess the copy of SC directions?
  21. dsinghadvocate

    Second Appeal

    Information Commission issued notice to other officer than PIO in second appeal. may PIO liable to notice of commission ? If not than other officer may be liable or not for notice. Who is liable to reply for that notice. Sent from my Redmi Note 4 using RTI INDIA mobile app
  22. Request to provide format of affidavit so that I can resubmit complain against sarpanch & sachiv. I checked the website mentioned in letter but it is not available. Request all members kindly help me in getting format of affidavit and other guidelines /important instructions before resubmitting complain to rajasthan goverment.
  23. jhaamit

    "Why" in RTI query

    Thanks @Sunil Ahya The way the response is highlighted is very helpful along with the whole judgement in pdf attached in this post Thanks @Prasad GLN . Both the sentences are same and convey the same meaning. May be my language was little aggressive in RTI. These people just don't want to do any work and hence such excuses.
  24. Rozi Khan

    Partial information from SPIO

    In case of Ms. Pahuja vs. Govt. of NCT of Delhi, decision no. CIC/SG/A/2011/001305/13299. The CIC stated that certificates of govt. employees given in the course of public activity and revealing these cannot be considered as invasion on the privacy of an individual. Any other decision countering this. Sent from my Redmi Note 6 Pro using RTI INDIA mobile app
  25. Chief Information Commissioner Sudhir Bhargava relied on several noted judgments of the Supreme Court and the Delhi High Court to reject the contentions of the ministry. Mother of Pradeep Yeshwanth Kokde, who is on death row in Yerwada jail in Pune, had approached the Union Home Ministry seeking copies of file notings made in relation to the mercy petition filed by him under the Right to Information. The Central Information Commission has allowed disclosure of file notings on the mercy petition of a rape and murder convict, rejecting the government's contention that the records cannot be disclosed as these are privileged documents under Article 74(2) of the Constitution. The Home Ministry denied the information citing Article 74(2) of the Constitution which protects from disclosure the advice tendered by the Council of Ministers to the President as it is privileged communication. The applicant argued before the Commission, highest adjudicating body onI matters, that the Article protects only the advice tendered by the Council of Ministers and that the information sought by her does not pertain to the ministerial advice. The ministry said that the recommendations along with all documents which lead to the formation of ministerial advice to the President of India are privileged under Article 74 (2) of the Constitution and cannot be disclosed under theI Act. These documents are an integral part of the government decision-making process and cannot be isolated from the ambit of “advice to the President”, the Home Ministry contended. The ministry cited a Delhi High Court order which had set aside an order of the Commission directing disclosure of information relating to the 2002 correspondence between the then President of India and the then Prime Minister relating to Gujarat riots. Chief Information Commissioner Sudhir Bhargava relied on several noted judgments of the Supreme Court and the Delhi High Court to reject the contentions of the ministry. The Commission, however, asked the ministry to sever all the names and other references from the files which could reveal the identity of public officials involved in the decision-making process. Kokde has been convicted for hatching a criminal conspiracy, abducting, raping and killing a BPO employee working at Hinjewadi, Pune on November 1, 2007.
  26. spacebreeze

    Education

    Friends, how do you think public education is successful for human development? Is it better to engage in self-education? and if so, how best to organize it?
  27. Please always seek guidance by posting exact query. As far as income query is concerned, there is larger public interest involved like abusing govt. subsidy and information can not be denied and you need no judgment for establishing larger public interest. Coming to educational qualifications and Bank details they are treated as personal information. You have to establish that such certificates are fake. You can never get information on bank details as it is strictly personal. What exactly you wish to establish through such judgment, please post.
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