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RTI Appeals decisions

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  1. jps50

    Social Audit of Decisions of CIC 1 2 3 4

    by jps50

    Vide decision No. CIC/DS/A/2011/004221 dated 24-08-2012, IC CIC has upheld that information posted on website of insurance company amounts to supply of information under RTI Act. I attach the order and invite reference to my blog at http://www.rtiindia.org/forum/blogs/jps50/3342-information-websites-under-rti-act-2005.html. I have decided to give a feed-back to concerned ICs on such decisions as an on-going process. I invite comments from our learned members, before writing to IC. WEBSITE UPHELD.pdf

    Yogi M. P. Singh
    Last reply by Yogi M. P. Singh,
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  2. sidmis

    CIC directs PIO to file case against Appellant 1 2 3

    by sidmis

    CIC directs PIO to file case against Appellant ----------------------------------------------------- Posted by Shri Manoj Pai in Hum Janenge Group ----------------------------------------------------- In a first of it's kind decision the IC Kejriwal has directed the CPIO to file a case against the Appellant Mr. Dinesh Gohel for not maintaining any decorum in the Commissions office. This event occurred during hearing on 2nd January in information commission's office creating unrully scene. The relevant extracts from commissions order is reproduced below. "9. The conduct of the Appellant is, therefore, an intentional insult caused to the Presiding Of…

    smbhappy
    Last reply by smbhappy,
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  3. ambrish.p

    Applicant waited for nearly two years for decision of CIC and IC sent the case back to PIO for decision. 1 2 3

    by ambrish.p

    Applicant waited for nearly two years for decision of CIC and IC sent the case back to PIO for decision. "In order to avoid multiple proceedings under sections 18 and 19 of the RTI Act, viz., complaints and appeals, this case is remitted to CPIO,Cement Corporation of India Ltd., New Delhi (along with copy of appeal and RTI-request), with the following directions: (i) In case no reply has been given by CPIO to the Appellant to his RTI-request dated 30.7.2010, CPIO should furnish a reply to the Appellant within two weeks of receipt of this order. (ii) In case CPIO has already given a reply to the Appellant in the matter, he should furnish a copy of his …

    Dr V S Prasanna Rajan
    Last reply by Dr V S Prasanna Rajan,
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  4. karira

    CIC passes the buck regarding disclosure of ACR's..... 1 2

    by karira

    In a Full Bench order, CIC has passed the buck regarding disclosure of an individuals ACR pertaining to himslef/herself. The CCIT (Ahmedabad) filed 2 RTI applications with the Department of Revenue, Ministry of Finance asking for: 1. Full notes sheets and all material of DPC (consisting of senior Secretaries to the Government of India) formed for selection of members to CBDT. 2. Her own ACR's for the last 10 years CPIO denied information under Sec 8(1)(e), 8(1)(i) and 8(1)(j) First Appellate Authority also concurred with the CPIO. Matter went to Second Appeal and Cabinet Secretariat as well as DoPT were also invited to comment. Matter went to Full Bench …

    vashisthvivek
    Last reply by vashisthvivek,
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  5. karira

    Del H.C. quashes practice of summary disposal of complaints by CIC and remanding them back 1 2

    by karira

    1. In a landmark decision, Delhi High Court has quashed the practice of summary disposal of complaints by remanding the matter to First Appellate Authoity/ CPIO, without even hearing the complainant or deciding the complaint on merits 2. It is learnt that nearly 8600 matters have been summarily disposed by the CIC in recent years out of which more than 4000 have been disposed off by Information Commissioner Sushma Singh. As regards, the grievance expressed by the petitioner that the Commission, despite its attention being drawn to the above referred decision of the Apex Court continues, while considering a complaint under Section 18 of the Act, to direct the con…

    Prasad GLN
    Last reply by Prasad GLN,
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  6. rtiindia

    Do you want political parties out of RTI Act? Air your view before 4th Oct 2013 1 2

    by rtiindia

    Here is the chance for you to air your views on keeping political parties out of RTI Act. A Parliamentary Committee has sought people's suggestion on RTI Amendment Bill which is aimed at giving immunity to political parties from providing information. The Committee has invited memoranda containing views or suggestions from the individuals or organisations in connection with the Bill. The panel will also hear select oral evidence from stake holders concerned. People can send in their views or suggestions within 15 days time, according to the advertisement that appeared in newspapers on Saturday. THE RIGHT TO INFORMATION (AMENDMENT) BILL, 2013 (Bill No. 112 of 2013) has…

    jpsoni
    Last reply by jpsoni,
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  7. karira

    Net taxable income for Father in Law to be disclosed for defending case in court 1 2

    by karira

    In a recent order, CIC has ruled that the net taxable income of the father in law can be provided under RTI since the defendant was facing a criminal case in court and for speedy dispensation of justice. Full order is attached to this post. Net Taxable Income of Father in Law to be provided to defend himself in court case.pdf

    Prasad GLN
    Last reply by Prasad GLN,
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  8. Shrawan

    Evaluated Answer scripts are not confidential: A landmark judgement 1 2

    by Shrawan

    BANGALORE: In a landmark decision, the Karnataka Information Commission (KIC) has ruled that evaluated answer scripts should be made available to anybody who wishes to see them and cannot be kept confidential for the benefit of the examiners. The commission has ordered the Karnataka Public Service Commission (KPSC) to make available the answerscripts free of cost to applicant E Ramamurthy, who sought copies of four answer scripts of the Gazetted Probationers Examinations, 1998. State chief information commissioner K K Misra and state information officer K A Thippeswamy have rejected the KPSC's plea, which said that answer scripts cannot be made public as…

    lissing perme
    Last reply by lissing perme,
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  9. harinder dhingra

    Most Bizarre & Absurd decision the Hon'ble Commissioner CIC bans CPIO from appearing before him 1 2

    by harinder dhingra

    Dear Friends/Experts, In a most bizarre & absurd decision ever pronouced by a IC of this country, the Hon'ble Information Commissioner of CIC Mr M A Khan Yusufi bans the entry and appearance of learned CPIO Mr Dalveer Singh of Custom & Excise, Government of India without quoting the relevant section under which the same is banned. I quote the relevant part of the judgment below, QUOTE " DECISION At the outset, it is stated here that as per the contents of the so called second appeal, it is a case of complaint. However, the concerned registry registered it wrongly as a second appeal for the reasons best known to them. Thus, it is being dealt with as compl…

    harinder dhingra
    Last reply by harinder dhingra,
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  10. karira

    CIC uphelds denial of Bank Audit reports under sec 8(1)(d) & (e) 1 2

    by karira

    The CIC has upheld the decision of a Bank to deny disclosure of Audit Report of one of its branches citing Sec 8(1)(d) and (e). First of all audit reports of banks have been disclosed in the past. Please read: http://www.rtiindia.org/forum/69189-whether-audit-report-particular-branch-lic-can.html?highlight=bank+audit+report Even matter related to disclosure of RBI Audit reports is pendiong in the SC. Please read: http://www.rtiindia.org/forum/83483-give-audit-report-central-information-commissioner-rbi.html?highlight=bank+audit+report The IC could have even ordered the CPIO to follow Sec 10 and severe that information which is deniable under Sec 8(1)(d) or (e)…

    Prasad GLN
    Last reply by Prasad GLN,
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  11. karira

    New File- Not job of the Commission to ensure recovery of penalties imposed

    by karira

    karira has just uploaded Not job of the Commission to ensure recovery of penalties imposed! The Patna High Court has ruled that it is not part of the duty of the Commission to ensure that penalty imposed by it is

    jps50
    Last reply by jps50,
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  12. Shrawan

    appellant presence during 1st or 2nd Appeal not nessessary.

    by Shrawan

    Deciding appeal weather the Appellant is required to be compulsorily present during hearing, the following was decided: The Central Information Commission Appeal Procedure Rules 2005 are clear that an appellant may be present in person or through his duly authorized representative, or may opt not to be present in appeal before the Commission. Such a principle will apply mutatis mutandis to any appeal before any lower authority under the Right to Information Act. See the attached decision.

    vijendra singh
    Last reply by vijendra singh,
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  13. Atul Patankar

    Income Tax returns and assessment orders not exempt under sec 8(1)(j)!

    by Atul Patankar

    Information Commissioner Shailesh Gandhi has given a decision ordering disclosure of Income Tax returns and assessment orders of Escourt group companies and some individuals The order syas that "information provided by individuals in fulfillment of statutory requirement is not exempt under section 8(1)(j) " It is notable that the 'public interest' argument is not used. Hence this formula becomes universal, applicable in all cases. It also has interesting observations about other subsections of section 8 Order is attached here. Income tax return can be disclosed.doc

    Guest pcbali
    Last reply by Guest pcbali,
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  14. sidmis

    Right to Rebuke/Reprimand

    by sidmis

    Right to Rebuke allowed by CIC Do the Appellate authority has any right to scold/reprimand/rebuke the appellant or info seeker apart from deciding on RTI issues? Yes he can according to CIC. The appellate authorities are given a virtual Carte Blanche on this by the CIC. This funny aspect was decided by CIC Shri Habibullah in a decision last year. According to him an appellate authority can admonish an appellant using polite language. But he was silent on the various circumstances under which this admonition can occur. It is left to the conscience of the AA to what extent he can go with his admonition. Surprisingly his order does not dwell with …

    karira
    Last reply by karira,
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  15. Atul Patankar

    Supreme Court has interpreted scope of section 18 of RTI Act as -----the powers of CIC and SIC are supervisory and not appellate.

    by Atul Patankar

    An information commission can not order for disclosure of Information in proceedings under section 18 Remedy for denial of request for information - real or presumed - lies under section 19 Section 18 and 19 are 2 seperate provisions, and can not be used alternatively for each other. SC Judgement on section 18.pdf

    pkaditya
    Last reply by pkaditya,
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  16. karira

    How to declare a Public Authority....an important order of CIC

    by karira
    • 20 replies
    • 5.7k views

    On many threads in this forum as well as in individual posts/queries raised by members, doubts are raised whether "A" or "B" is a Public Authority under the RTI Act and as to how exactly does one decide whether any entity is a Public Authority. Please see: RTI India - Threads Tagged with public authority RTI India - Threads Tagged with substantially financed In a recent order http://cic.gov.in/CIC-Orders/AT-09092008-06.pdf Hon’ble IC Shri A. N. Tiwari has discussed this issue very exhaustively. The matter was whether National Co-operative Consumers’ Federation of India Ltd. (NCCF), and National Agriculture Co-operative Marketing Federation of India Ltd.…

    Guest pcbali
    Last reply by Guest pcbali,
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  17. karira

    Caste certificates of Govt employees are deniable under RTI

    by karira

    Quoting the Girish Deshpande judgment of the Apex Court, the CIC has ruled that caste certificates of individual employees, which they submitted at the time of recruitment, are deniable under RTI. It is fairly obvious that the caste and educational certificates of an employee are in the natureof personal information about a third party. The employee might have filed these documentsbefore the appointing authority for the purpose of seeking employment, but that is not reasonenough for this information to be brought in to the public domain to which anybody couldhave access. The Supreme Court in Girish Ramchandra Deshpande v. CIC & Ors., [sLP 27734 of 2012]has hel…

    jps50
    Last reply by jps50,
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  18. Shrawan

    DPC proceedings not to be disclosed

    by Shrawan
    • 19 replies
    • 10.4k views

    CENTRAL INFORMATION COMMISSION BLOCK IV, OLD JNU CAMPUS, NEW DELHI 110067 F.No.PBA/06/163 September 25, 2006 Appeal No. 115 /ICPB/2006 In the matter of Right to Information Act, 2005 – Section 19. Appellant: Shri. H.K. Bansal Public authority: Ministry of Communication & IT, Shri H.C. Jayal, Joint Secretary & CPIO, Shri. Yaswant S. Bhave, Spl. Secretary & Appellate Authority. FACTS: The appellant in this matter has sought information from the CPIO relating to the regularization in the post of Supdt. Engineer (Civil) and adhoc promotion to the grade of CE©. Having not satisfied…

    smnislam
    Last reply by smnislam,
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  19. karira

    Compiling information v/s Creating/Generating information....

    by karira
    • 19 replies
    • 14.6k views

    In a recent decision, CIC has ruled that although CPIO should not be expected to "create or generate" information as requested by the applicant, he is certainly expected to collate and compile the information and provide it to the applicant. http://cic.gov.in/CIC-Orders/WB-28082008-06.pdf The plea of respondents before us, which was not the plea taken in responding to the RTI request, that the information will need to be compiled and the public authority is not required to do so under a decision of CIC, is not borne out by the very decision cited. That decision in Appeal No.CIC/MA/A/2006/00653 refers to a public authority not being expected to “create and generate af…

    jetley
    Last reply by jetley,
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  20. rajub

    Penalty by CIC for sec 4 violation

    by rajub
    • 19 replies
    • 9.6k views

    On 18-11-2009 CIC has levied the penalty of Rs. 5000 on a school principal for violation of section 4 (proactive disclosure). Here is the link to the decision. http://cic.gov.in/CIC-Orders/SG-18112009-25.pdf The CIC said it had imposed maximum permissible penalty of Rs. 5000 under the Act.

    changethechangers
    Last reply by changethechangers,
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  21. karira

    Appellate Authority can be recommended for Disciplinary action if he acts like a normal "senior officer"

    by karira

    In a extensively discussed and elaborated order, CIC (order is by IC A N Tiwari) has ruled that a Appellate Authority can be recommended for Disciplinary action under Sec 20(2) of the RTI Act if he acts more like a senior officer discharging his normal administrative duties. The appellant asked for some information from the CPIO of the LIC Zonal Office in Chennai. The information pertained to a lift which was not functioning properly in LIC's building. The CPIO gave vague replies and claimed that records are missing. The FAA did not give any reasoned order and just stated that as soon as records are found, they will be sent to the applicant. Moreover, the First Appeal…

    Dr.S.ANANDKUMAR
    Last reply by Dr.S.ANANDKUMAR,
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  22. rtiindia

    Presence of RTI Applicant not essential while hearing appeal- Rules CIC

    by rtiindia

    This article has been posted at our #LawSegment. To read the full article follow this link: Presence of RTI Applicant not essential while hearing appeal- Rules CIC The First Appellate Authority (#FAA) passed the order stating that because the RTI Applicant*did not appear, it is assumed that RTI applicant has nothing to say and thus the appeal is disposed of. The RTI applicant complained that the First…Read more › The law segment is available here RTI INDIA #StrangeDecision Read the complete article here...

    Prasad GLN
    Last reply by Prasad GLN,
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  23. Shrawan

    'substantially financed' while defining any organization to be Public Body.

    by Shrawan
    • 17 replies
    • 11k views

    To determine, for the purpose of RTI Act, whether an organization is a public authority or not, we have to have recourse to Section 2(h) of the said Act, which reads: A public authority means any authority or body or institution of self government established or constituted by or under the Constitution by any other law made by Parliament by any other law made by State Legislatures; by notification issued or order made by the appropriate Government;and includes any – body owned, controlled or substantially financed; non governmental organization substantially financed; directly or indirectly by funds provided by the appropriate Gove…

    Khushachand Baheti
    Last reply by Khushachand Baheti,
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  24. karira

    What happens if a RTI Applicant passes away before getting the PIO's reply ?

    by karira

    In a recent decision, IC(SG) has heard a Complainant, who happened to be the son of the applicant who passed away before the PIO's reply could be received: http://cic.gov.in/CIC-Orders/SG-04032009-04.pdf Smt. Nagamma had filed an application with the PIO on 30/08/2007 asking for certain information. The Information was sent to her after 174 days and in the course of time the Complainant passed away, then her son received the PIO’s reply, which he found unsatisfactory. The complainant has therefore filed a complaint with the Commission under Section 18 of the RTI Act. The complainant has not used the alternate and efficacious remedy of the First Appeal available un…

    Dr.S.ANANDKUMAR
    Last reply by Dr.S.ANANDKUMAR,
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  25. karira

    Astonishing analysis of AP CIC orders....

    by karira

    #StrangeDecision Further to my post: http://www.rtiindia.org/forum/7036-strange-interpretation-sec-18-1-p-state-information-commission.html I decided to do a analysis of the AP CIC's orders between 01 July 2008 to 31 August 2008. All data is available in the individual orders posted on the APSIC website. Spent about 6 hours reading all the 237 orders. The analysis is attached. As members can see, the results are astonishing to say the least. Reproduced below are a few strange points in the Hon'ble CIC's orders: 1. A particular SP delayed reply by over 9 months. Commission excused him because the reason given was that he was busy in organising securit…

    balaraghavan
    Last reply by balaraghavan,
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