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RTI Appeals decisions

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  1. rtiindia

    [RTI News] Public Authority can’t deny information on the behest of any resolution taken by them

    by rtiindia

    This article has been posted at our #LawSegment . To read the full article follow this link: Public Authority can’t deny information on the behest of any resolution taken by them and to subscribe to our daily mailer follow this link - RTI INDIA. In a recent decision, CIC has ruled that Public Authority can’t deny information on the behest of any resolution taken by them. National Joint Committee for the Steel Industry (NJCS) which is an umbrella body of the unions of SAIL…Read more › The law segment is available here RTI INDIA - Invoking Your Rights Read the complete article here...

    Prasad GLN
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  2. 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
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  3. 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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  4. karira

    New File Added: Unreasoned order of Info Commission set aside

    by karira

    Downloads: A new file has been added by karira: Unreasoned order of Info Commission set aside Many members of this portal have been dissatisfied with orders of Info Commissions which are totally unreasoned and sometimes the operative part is only one single sentence. In a landmark order, the Punjab & Haryana HC has ruled that such unreasoned or single line orders cannot be upheld by the HC. It remanded the matter back to the CIC (Central Information Commission) to rehear the matter within the four boundaries of the RTI Act: 9. In the impugned order dated 12.1.2011, the only relevant reasoning recorded is to the following effect: "We fully agree with …

    Prasad GLN
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  5. 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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  6. 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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  7. 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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  8. karira

    Distrcit Court RTI Rules cannot have exemptions over and above the main RTI Act and FAA cannot review his decision

    by karira

    Distrcit Court RTI Rules cannot have exemptions over and above the main RTI Act and FAA cannot review his decision In a recent order, related to District courts in Delhi, the CIC has ruled that: 1. The Court RTI Rules cannot have exemptions over and above those in Sec 8 or 9 of the RTI Act. 2. The FAA cannot review his own decision. The full order is attached to this post. Court's rules.pdf

    dr.s.malhotra
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  9. rtiindia

    [RTI News] CPIO warned for asking Citizenship proof under RTI

    by rtiindia

    This article has been posted at our #LawSegment. To read the full article follow this link: CPIO warned for asking Citizenship proof under RTI and to subscribe to our daily mailer follow this link - RTI INDIA. Central Information Commission warned the Central Public Information Officer for asking for the applicants citizenship proof under RTI who held the reply stating that furnishing of citizenship proof is a pre-requisite for providing the information. …Read more › The law segment is available here RTI INDIA - Invoking Your Rights Read the complete article here...

    Prasad GLN
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  10. sabharwal786

    Penalty of Rs. 15,000/- (Rupees fifteen thousand only) is imposed on the PIO – Sh. Shiv Kumar Gupta, Accounts Officer, GLADA, Ludhiana

    by sabharwal786
    • 0 replies
    • 19.9k views

    The orders of the PSIC are as below : No reply to the show-cause notice hasbeen tendered by the respondent PIO which is in utter disregard to the RTI Act,2005 and the directions of the Commission. In these circumstances, a penalty of Rs.15,000/- (Rupees fifteen thousand only) is imposed on the PIO – Sh. Shiv KumarGupta, Accounts Officer, GLADA, Ludhiana which is directed to be recovered fromhis salary and deposited in the State Treasury under the relevant Head and anattested copy of the receipted challan be produced before the Commission forrecords. Orders.doc

    sabharwal786
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  11. sabharwal786

    A penalty of Rs.20,000/- (Rupees Twenty thousand only) is imposed on PIO

    by sabharwal786
    • 1 reply
    • 18.9k views

    The Bench of PSIC says that : It is found that the PIO has ignored toattend the hearings deliberately and has shown disregard to the orders of theCommission and also to the provisions of the RTI Act which is mandated forbringing transparency in the system. Inthis view of the matter, the PIOdeserves to be penalized for such carelessness on his part. Accordingly, a penalty of Rs.20,000/- (RupeesTwenty thousand only) is imposed on him which should be recovered from hissalary and deposited in the State Treasury under the relevant Head, underintimation to the Commission. STATE INFORMATION COMMISSION ORDERS.doc

    karira
    Last reply by karira,
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  12. 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
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  13. karira

    IMPORTANT: Societies registered under the Multi State Coop. Societies Act, 2002 are Public Authorities

    by karira

    In a very significant order involving the Food Corporation of India Employees Coop Credit Society, IC M L Sharma has ruled that all Societies is registered under the Multi State Co-operative Societies Act, 2002 are Public Authorities under the RTI Act. http://cic.gov.in/CIC-Orders/LS-18032009-11.pdf 4. Shri Roy, perhaps, intends to convey through this letter that as the Society is not getting any grant from FCI, it is not a public authority under section 2(h) of the RTI Act. The question for consideration before this Commission is whether the Society is a public authority or not. The relevant portion of clause (h) of section 2 of the RTI Act is reproduced below :-…

    karira
    Last reply by karira,
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  14. karira

    Passport details of third party are disclosable under the RTI Act

    by karira
    • 14 replies
    • 16.7k views

    In a recent order, Hon'ble IC Annapurna Dixit has held that passport details of Third Party can be disclosed under the RTI Act: The Commission holds that details of a passport are readily made available by any individual in a number of instances, example to travel agents, at airline counters, and whenever proof of residence for telephone connections etc. is required. For this reason, disclosure of details of a passport cannot be considered as causing unwarranted invasion of the privacy of an individual and, therefore, is not exempted from disclosure under Section 8(1)(j) of the RTI Act. The full order is attached to this post. AD-22122008-08.pdf

    thesweethuman
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  15. karira

    Transfer under Sec 6(3) can be to multiple public authorities

    by karira

    In a significant order and as a relief to many RTI applicants, CIC has ruled that transfer of application under Sec 6(3) of the RTI Act can be to multiple Public Authorities. Members will recall that DoPT had issued a circular no. 10/02/2008-IR dated 12/06/2008 which stated that Section 6(3) of the RTI Act mentions public authority in the singular and therefore the RTI application can only be transferred to one public authority as per the RTI Act. Please see: http://www.rtiindia.org/forum/5962-dopt-circular-re-sec-6-3-transfer-rti-applications.html The full order of the CIC is attached to this post. Transfer under Sec 6(3) can be to multiple PAs.pdf

    Ketan Modi
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  16. jps50

    First appeal not mandatory and workload not reasonable cause for delay under RTI

    by jps50

    I reproduce relevant paragraphs from judgement dated 02-11-2009 of HIGH COURT OF KERALA AT ERNAKULAM in WP©.No. 31039 of 2009(Y) [available at http://judis.nic.in/judis_kerala/chejudis.aspx. 4. I shall now deal with the contention of the petitioner that the third respondent should have moved the first appellate authority instead of moving the State Information Commission. Section 18 of the Act empowers the State Information Commission to enquire into a complaint that there has been no response to the request to furnish information within the time limit specified under Section 7(1) of the Act. Section 7(2) of the Act states that if the information sought is not furnish…

    vijendra singh
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  17. karira

    IBPS is a Public Authority under RTI

    by karira

    The CIC has finally declared IBPS as a public authority directly under RTI. But on the IBPS website, there is still no mention of RTI or Sec 4 suo-motu disclosure. IBPS interim decision.pdf IBPS is a PA under RTI.pdf

    jps50
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  18. 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
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  19. 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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  20. rtiindia

    [RTI News] No legal provision debars disclosure of information pertaining to an unauthorised construction

    by rtiindia

    This article has been posted at our #LawSegment. To read the full article follow this link: No legal provision debars disclosure of information pertaining to an unauthorised construction and to subscribe to our daily mailer follow this link - RTI INDIA. Central Information Commission agreed to the RTI applicants right to seek information in the case considering that no legal provision debars disclosure of information pertaining to an unauthorised construction, particularly one which is directly affecting the RTI Applicant. … Read more › The law segment is available here RTI INDIA - Invoking Your Rights Read the complete article here...

    Shrawan
    Last reply by Shrawan,
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  21. Shrawan

    Mr. Himanshu J. Mehta Vs Employees Provident Fund Organisation, Ahmedabad.

    by Shrawan
    • 2 replies
    • 15.7k views

    Mr. Himanshu J. Mehta Vs Employees Provident Fund Organisation, Ahmedabad. Appeal No. 111/ICPB/2006 In the matter of Right to Information Act, 2005 – Section 19. Appellant: Mr. Himanshu J. Mehta Public authority: Employees Provident Fund Organisation, Ahmedabad. Sh. S.S.Nair - CPIO Regional Provident Fund Commissioner – Appellate Authority. FACTS: The appellant vide his communication dated 21.12.2005 addressed to the CPIO had sought the following information, followed by first appeal dated 23.2.2006 to the Regional Provident Fund Commissioner : i. Allotment of Provident Fund Code No.GJ/28322 allotted to M/s Tectona Soft Solution (P…

    aparna
    Last reply by aparna,
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  22. 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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  23. karira

    "Advisory Notes" given by RBI to banks to be disclosed under RTI

    by karira

    RBI issues certain "advisory notes' to Banks, from time to time. In a recent order, CIC has ruled that these advisory notes have to be disclosed by RBI. The matter concerns advisory notes issued to ICICI Bank. Initially, CIC had ordered disclosure but ICICI Bank had approached Bombay High court and obtained a stay order since it was not heard by the CIC, as per Sec 1994) of the RTI Act. The court remanded the matter back to the CIC. The full order is attached to this post. Advisory Notes RBI ICICI.pdf

    karira
    Last reply by karira,
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  24. 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
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  25. karira

    Are Ministers "public servants" and attendance of Ministers in cabinet meetings

    by karira
    • 0 replies
    • 15.3k views

    Ina recent order, CIC has asked the Government to disclose whetehr Ministers are "public servants" or not. It has also rejected the Governments claim that attendance records of Ministers cannot be disclosed under RTI. The full order is attached to this post. Are Ministers public servants and ministers attandance in cabinet meetings.pdf

    karira
    Last reply by karira,
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