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RTI Appeals decisions

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  1. sabharwal786

    PSIC Imposed Penalty of Rs. 10000 on Sh. Ashneel Singh, PIO – cum – Panchayat Secretary, O/o BDPO, Nurpur Bedi (Punjab)

    by sabharwal786

    COMPLAINT CASE NO.307/2017 The Commission finds lack of orientation and appropriate knowledge about the provisions of this Act even after more than ten years of the enactment of this Act. Thus exercising its authority under Section 20(1) of the Act and taking a lenient view, the Commission imposes a penalty of Rs.10,000/- (Rupees Ten Thousand only) in lump sum on Sh. Ashneel Singh, PIO – cum – Panchayat Secretary, O/o BDPO, Nurpur Bedi for the significant delay in responding to the application. The PIO shall ensure that the amount of penalty is deposited in the government treasury in two equal installments commencing from the month of September, 2017 under head given…

    Prasad GLN
    Last reply by Prasad GLN,
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  2. karira

    Indian Bank Association (IBA) asked to clarify if it is a PA

    by karira

    On 28 January 2008, the CIC asked IBA to study the matter and establish if IBA is a Public Authority as defined in the RTI Act 2005. Full decision of the CIC is attached. Decision_28012008_06.pdf

    koteswararaonerella
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  3. Prasad GLN

    Delhi HC to CIC: Impose Fine as Per Law, Token Penalty for Delay Not Valid

    by Prasad GLN

    Delhi HC to CIC: Impose Fine as Per Law, Token Penalty for Delay Not Valid Vinita Deshmukh 18 May 2017 1 Extract: "Can a Central Information Commissioner impose a penalty as per his whims and fancies? Early this week, the Delhi High Court slapped a show cause notice on the Central Information Commission (CIC), seeking an explanation for arbitrarily imposing a Rs5,000 penalty on a Public Information Officer (PIO) instead of going by Section 20 of the Right to Information (RTI) Act. The court stated, “Section 20 (of the RTI Act) mandates a penalty of Rs250 for each day’s delay subject to a maximum of Rs25,000…there is no concept of token penalty…once the expla…

    Prasad GLN
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  4. momita

    Proposal of credit sanction to Hanung Toys and Textiles Ltd is under Larger Public Interest

    by momita

    The Bank has admitted that the loan has become an NPA and the company has not yet repaid the loan availed by it. In this matter a large amount of public fund has been advanced by the bank to M/s Hanung Toys & Textiles Ltd. The company has defaulted in repayment and the loan has become NPA, therefore, the matter is of larger public interest. The Commission directed the respondent to provide certified copy of the proposal of credit sanction to M/s Hanung Toys and Textiles Ltd., after severing the personal information relating to the promoters, group or company as well as regarding the company's products, technical know-how, etc., to the appellant. 2018-02-10-16263…

    Prasad GLN
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  5. Shrawan

    Disc proceedings against other cannot be revealed under RTI

    by Shrawan

    Central Information Commission Decision No. 287/IC(A)/2006 F. No. CIC/MA/A/2006/00417 Dated, the 20th September, 2006 Name of the Appellant: Sh. A.J. Gedam, “Jagannathshreeâ€�, 13-A, Vanjarinagar, P.O. Ajni, Nagpur – 440 003. Name of the public Authority: State Bank of Hyderabad, Regional Office, Rachna Sansad, 1st floor, 278 S.G. Marg, Prabhadevi, Mumbai – 400 025. DECISION Facts of the case: The appellant, an employee of the Bank, had sought information relating to the disciplinary proceedings initiated against another lady officer, and the complaint filed by her against the appellant. The CPIO refused to furnish the information on th…

    Prasad GLN
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  6. Ashwani6884

    Show cause notice to the CPIO Allahabad Highcourt

    by Ashwani6884
    • 0 replies
    • 357 views

    The complainant stated that as per sub-rule (3) of rule 12 r/w subrule (2) of rule 12 of the Uttar Pradesh State District Court Service Rules, 2013, the additional list is to be pasted on the notice board of the judgeship on the same day on which the interview is held or on the next working day and a copy of the same shall be forwarded to the High Court. In addition, he stated that additional list of the examination held in 2015 has not yet been published. He informed that the merit list for the typing test held on 24.05.2015 has been published on 08.05.2017. Moreover, he stated that the Hon’ble High Court is the holder of the records. Therefore, he is not expected to app…

    Ashwani6884
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  7. Ashwani6884

    IBPS is not a public authority

    by Ashwani6884
    • 0 replies
    • 463 views

    IBPS is not a pubtic authority under Section 2 (h) (d) (i) of the RTI Act. download.pdf

    Ashwani6884
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  8. momita

    Retention of the authenticated copies of Itemized material procurement bills submitted by the contractors made mandatory by CIC

    by momita

    Retention of the authenticated copies of Itemized material procurement bills submitted by the contractors made mandatory by CIC. Authenticated copies must be obtained by work executing agencies/ contractors before settling payments. The present directions of CIC shall be applied prospectively. Background of Itemized material procurement bills The copies of raw material procurement bills are submitted by private contractors to the PWD in course of execution of various road construction projects. But in most of the cases, the bills so produced are returned to the contractors by officers of PWD after endorsement in the Material on Site Register (MSB).The process lacke…

    Prasad GLN
    Last reply by Prasad GLN,
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  9. momita

    Convene periodic conferences/seminars to sensitize, familiarize and educate the PIO about RTI

    by momita

    The Commission instructs the Respondent to convene periodic conferences/seminars to sensitize, familiarize and educate the concerned officials about the relevant provisions of the RTI Act, 2005 for effective discharge of its duties and responsibilities. CIC-LICOI-A-2017-190260-BJ--.pdf

    Prasad GLN
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  10. momita

    Representation of #RTI Applicant was not shown to the Prime Minister of India, Shri Narendra Modi

    by momita

    The appellant stated that the Prime Minister Office should inform him whether his representation dated 19.08.2016 relating to the constitution of ‘National Foundation’ in the memory of Mahatma Gandhi was shown to the Prime Minister of India, Shri Narendra Modi. The Prime Minister Office replied that Normally the petitions are not placed before the Prime Minister, and are handled at the level of senior officers in the PMO as per the delegated duties. In certain cases, the petitions are put up before the Prime Minister, as decided by the senior officers. Besides, he stated that the appellant’s representation was not shown to the Prime Minister of India. 1442-Rajes…

    Prasad GLN
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  11. momita

    United India Insurance Co. Ltd to suo-motu disclose of the policy for the selection and empanelment of doctors

    by momita

    In the Larger Public Interest, the Respondent Public Authority is advised to suo-motu disclose the policy/procedure and the guidelines adopted by it for the selection and empanelment of doctors. The Commission observed that in a service oriented company like the United India Insurance Co. Ltd., it was noted with concern the manner in which such public spirited matters was undertaken and would thus suggest its management to initiate adequate remedial measures to reorient its thinking, strategy and delivery in the larger public interest. It was felt that there is an urgent need therefore, to adopt a more efficient and robust suo motu disclosure policy within the Public…

    momita
    Last reply by momita,
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  12. momita

    Record keeping is a key function of public authority

    by momita

    Record keeping, receipt and dispatch and proper maintenance of files is a key function of any public authority. CPIO stated that he did not receive the complainant’s RTI application and therefore, information could not be provided to him within the stipulated time period. The Commission finds the complainant’s assertion plausible because the copy of the RTI application enclosed with the appeal has a stamp ‘Received by hand’ which perhaps was crossed later on by the bank. In this case, therefore the commission directed the First Appellate Authority (FAA), Syndicate Bank, Regional Office, Visakhapatnam, to inquire into the matter as to whether the RTI applica…

    momita
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  13. momita

    "Forwarding CPIO" to be punished if there is no reply

    by momita

    Reply saying "RTI application was forwarded to someone” is no information and it amounts deemed refusal of the CPIO, who forwarded it and to who it was forwarded if information was not given. When one organization like EPFO has many CPIOs it is the duty of each CPIO to ensure that someone would furnish the information, if not the forwarding CPIO along with concerned CPIO shall be liable for penalty. CIC also recorded that It seems the "entire RTI wing does not realise their duty to furnish certified copies to the applicants as per RTI Act and do not understand that website cannot give the certified copies". Decision is attached. 2018-01-25-181609157024.pdf

    momita
    Last reply by momita,
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  14. momita

    No penalty for wrong judgment by PIO

    by momita

    "In the absence of any malafide intention, it would not be appropriate to initiate any action for imposition of penalty on the CPIO. "- CIC In the decision, CIC had said that "It cannot be said that the CPIO had acted consciously and deliberately with a malafide intention to provide incorrect or misleading information to the complainant. Further, no penalty can be imposed for wrong judgment." Moreover, in a decision in the matter of Kripa Shanker v. Central Information Commission- judgment dated 18.09.2017 in W. P. © No. 8315/ 2017, the High Court of Delhi held that: “Para13… Indisputably, merely because the view taken by a PIO is not correct, it would not …

    Prasad GLN
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  15. momita

    Details of Non govt persons who accompanied Prime Minister on his international visits at public cost to be disclosed now

    by momita

    CIC has decided that the "List of the non-govt. persons (having no connection with the security) who had accompanied the Hon’ble Prime Minister on his international visits at public cost should be provided" The appellant filed RTI application dated 23.04.2016 seeking information regarding govt. expenses incurred on the foreign visits of the Prime Minister of India, Shri Narendra Modi from June, 2014 to March, 2016 viz. no. of foreign visits and non-govt. persons who accompanied him; details of monthly expenses of his residence/office; procedure for meeting the PM; no. of meetings held by the PM with public at his residence/office; no. of electoral public meetings addr…

    momita
    Last reply by momita,
    8

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  16. sabharwal786

    PSIC imposed penalty of Rs.10,000/- on Sh. Rajiv Kumar Sharma, PIO – cum – Panchayat Secretary, O/o BDPO, Nurpur Bedi (Punjab)

    by sabharwal786
    • 0 replies
    • 1.2k views

    COMPLAINT CASE NO.9/2017 The Commission concludes that the informationhas been denied and delayed willfully due to some ulterior reasons. The culpability under Section 7(2) of the Actas such is proved. Taking all thecircumstances in view and exercising its authority under Section 20 (1) of theAct, the Commission imposes a penalty of Rs.10,000/- (Rupees Ten Thousand only)in lump sum on Sh. Rajiv Kumar Sharma, PIO – cum – Panchayat Secretary, O/oBDPO, Nurpur Bedi in this case for the significant delay. The Block Dev. &Panchayat Officer, Nurpur Bedi shall ensure that the amount of penalty isdeposited in the government treasury in two equal installments commencing w…

    sabharwal786
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  17. sabharwal786

    PSIC Says : The MGN Educational Trust, Jalandhar is a Public Authority under Section 2(h) of the RTI Act, 2005

    by sabharwal786
    • 0 replies
    • 1.7k views

    COMPLAINT CASE NO.1941/2015 In the aforementioned findings the Hon’ble Supreme Court of India says that the funding has to be substantial to the extent that the body practically runs by such funds but for which the authority would struggle to exist. In the final lines of Para 38 it says that the private Educational Institution getting 95% Grant-in-Aid from the appropriate Government may answer the definition of Public Authority under Section 2(h) (d) (ii) of the Act. The Trust indisputably is availing the 95% grant towards the salary of the staff. It is also admitted a prime land on which the various Institutions are being run has been allotted on a nominal lease. …

    sabharwal786
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  18. rtiindia

    [RTI News] Examination Copies cannot be denied on grounds of Delhi High Court Stay

    by rtiindia
    • 0 replies
    • 15.6k views

    This article has been posted at our #LawSegment. To read the full article follow this link: Examination Copies cannot be denied on grounds of Delhi High Court Stay and to subscribe to our daily mailer follow this link - RTI INDIA. The CPIO stretched High Court Stay and Supreme Court judgement to justify denial of answer sheet. There is considerable difference in the context in the case of denial of Examination Copies and that of the stay order (supra) of the Hon’ble Delhi High Court . Read more › The law segment is available here RTI INDIA - Invoking Your Rights Read the complete article here...

    rtiindia
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  19. rtiindia

    [RTI News] Reason for withdrawal of RFP to be informed to the vendors in Defence Procurement

    by rtiindia
    • 0 replies
    • 1.4k views

    This article has been posted at our #LawSegment. To read the full article follow this link: Reason for withdrawal of RFP to be informed to the vendors in Defence Procurement and to subscribe to our daily mailer follow this link - RTI INDIA. there should be greater transparency and accountability in the process of Defence Procurement, in as much as the vendors should be apprised of the reason for withdrawal of proposals or rejection of proposals. Read more › The law segment is available here RTI INDIA - Invoking Your Rights Read the complete article here...

    rtiindia
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  20. jps50

    Pension information in 48 hours

    by jps50

    I am attaching CIC decision dated 28-06-2017 treating pension payment to be under life and liberty clause. PENSION 48 HOURS 280617.pdf

    avinash_hyd007
    Last reply by avinash_hyd007,
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  21. jps50

    Protection of customer victim of degital frauds

    by jps50

    I attach RBI circular dated 06-07-2017 and my follow-up including RTI push. The circular provides protection to bank customers who suffer due to digital frauds. The matter was lingering since Aug 2016. FRAUD PROTECTION OF CUST DIGITAL FRAUD.PDF FRAUD CUSTOMER LIA LET TO RBI 290617.pdf

    jps50
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  22. jps50

    Judgement of hon'ble gujarat high court in murder of rti activist late amit jethwa

    by jps50

    Hon'ble Gujarat High Court vide its attached judgement dated 29-06-2017 has ordered retrial as all witnesses have turned hostile. The judgement is worth reading and hence uploaded. Shri Jethwa was member of this portal too and very active RTI and Environment Activist. His father is untiringly following up the trial. JETHVA AMIT HC JUDT.pdf

    Prasad GLN
    Last reply by Prasad GLN,
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  23. jps50

    Section 8.1.h of RTI Act

    by jps50

    Please refer attachment, being detailed decision dated 30-06-2017 of CIC on above subject. INVESTIGATION 81H 300617 IMP.pdf

    Prasad GLN
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  24. sabharwal786

    PSIC increased compensation amount from Rs. 5000/- to 10,000/-.

    by sabharwal786
    • 0 replies
    • 2.7k views

    STATE INFORMATION COMMISSION, PUNJAB Red Cross Building, Madhya Marg, Sector 16, Chandigarh FAX. No. - 0172-2864125 E-mail – scic@punjabmail.gov.in Visit us @ www.infocommpunjab.com Yogesh Mittal S/o Jiwan Lal Mittal, Punjabi Bagh, Tehsil - Nabha, Distt. Patiala (Punjab) …...Complainant Vs Public Information Officer, O/o The Registrar, Desh Bhagat University, Amloh Road, Mandi Gobindgarh, Distt. - Fatehgarh Sahib (Punjab) ..….Respondent Complaint Case No. 1927 of 2015 Present : …

    sabharwal786
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  25. sabharwal786

    PSIC increased compensation amount from Rs. 5000/- to 10,000/-.

    by sabharwal786
    • 0 replies
    • 1.5k views

    STATE INFORMATION COMMISSION, PUNJAB Red Cross Building, Madhya Marg, Sector 16, Chandigarh FAX. No. - 0172-2864125 E-mail – scic@punjabmail.gov.in Visit us @ www.infocommpunjab.com Yogesh Mittal S/o Jiwan Lal Mittal, Punjabi Bagh, Tehsil - Nabha, Distt. Patiala (Punjab) …...Complainant Vs Public Information Officer, O/o The Registrar, Desh Bhagat University, Amloh Road, Mandi Gobindgarh, Distt. - Fatehgarh Sahib (Punjab) …

    sabharwal786
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