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RTI Appeals decisions

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  1. karira

    New File Added: Sample RTI application for street lights

    by karira
    • 1 reply
    • 4.3k views

    Downloads: A new file has been added by karira: Sample RTI application for street lights Attached is a sample RTI application for Street Lights.

    SaveIndia
    Last reply by SaveIndia,
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  2. jps50

    Supreme Court landmark judgement against Reserve Bank dated 16-12-2015

    by jps50

    Judgement is attached. It is worth reading. I was actively associated with writ No. 91/2015 -- RBI v/s Jayantilal Mistry. RBI RTI SC 161215.pdf

    chetannaik
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  3. jps50

    Gujarat High Court orders State Govt to appoint two additional ICs in two months

    by jps50

    In a writ filed by ex-bank executive Shri Prful Desai of Vadodara, Hon'ble Gujarat High Court has ordered State Govt to appoint two additional ICs within 2 months and to start process in 10 days for the same. Appeals/Complaints to Commission are taking nearly 4 years for being heard at present and more than 6000 are pending with only one IC and one Chief IC. This is perhaps 3rd or 4th writ by Shri Desai for additional ICs and one writ for removal of two ICs who did not comply with criteria for ICs. Hats off to Shri Desai who travels from Vadodara to Ahmedabad and agrues writs himself despite requiring dialysis.

    jps50
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  4. D.T.RATHAVA

    landmark judgment for deleted voters name to voter list

    by D.T.RATHAVA

    hon/commissioner directed to pio (chief election officer)to pay compensation to appellant for not given any response to his RTI application within stipulated*time limit CIC_SA_C_2015_000157_M_160487 voterlist.pdf

    sppataskar
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  5. sabharwal786

    PSIC impose penalty of Rs.10,000/- on the PIO, O/o the District Food & Civil Supplies Controller, Ludhiana.

    by sabharwal786
    • 1 reply
    • 2.3k views

    APPEAL CASE NO.1804 /2015 Vide my order dated 11.08.2015 the PIO was issued a show cause notice under Section 20(1) of the RTI Act, 2005. He was also asked to come present in person to explain his position for the willful denial of information. However, neither he is present nor he has filed any written explanation. Instead the Food Supply Officer, Jagraon has filed a reply which leads us nowhere as the Commission’s order stay un-complied. The Respondent had supplied the copies of the registered sale-deeds as well as copies of the Jamabandis obtained from the revenue record, to the Appellant, a copy of which has also been sent to the Commission. From documents …

    beniwalg
    Last reply by beniwalg,
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  6. D.T.RATHAVA

    Batra Hospital & Medical Research Centre covered under RTI act

    by D.T.RATHAVA

    all genuine charitable trusts and institutions to open schools, hospitals etc. Broadly the decision noted that the land would be made available for schools and hospitals which should run for the good of the public without profit motive CIC_AD_C_2013_000276-SA_T_164394 batra.pdf

    sabharwal786
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  7. digal

    Information on Private School(DPS) can be obtained through Controlling PA(NALCO)

    by digal

    Hi, I came across a magnum opus by IC YA of CIC, where the Hon'ble IC ordered for supply of information on a private school (DPS), indirectly controlled by NALCO. Moderators may delete, if already posted (couldn't find through search head). The following decision explicates itself why i named it a magnum opus ! http://www.rti.india.gov.in/cic_decisions/CIC_YA_A_2014_001053_M_162559.pdf R K Mishra DPS school records can be accessed & provided by controlling NALCO.pdf

    Prasad GLN
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  8. sabharwal786

    Delhi & District Cricket Association (DDCA) is the Public Authority as defined under section 2(h) of RTI Act.

    by sabharwal786

    The orders of the CIC are as follows : File No. CIC/LS/C/2012/000714 77. I hereby declare that the DDCA, though an NGO, is being substantially financed by appropriate Government indirectly through allocation of huge land in heart of New Delhi with substantial concession worth thousands of crores of rupees and monopoly of unlimited value, is the Public Authority as defined under section 2(h) of RTI Act, on both questions of law and facts. CIC_LS_C_2012_000714_M_152109.pdf

    ganpat1956
    Last reply by ganpat1956,
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  9. MANOJ B. PATEL

    Construction Industry Development Council (CIDC) is PA - CIC Full Bench.

    by MANOJ B. PATEL

    A full bench of CIC observed that; the role of the government is evidently deep and pervasive in the respondent organisation right from its inception to funding, control and operation. So we are of the considered opinion that the CIDC is substantially financed by central government and is a fit organisation to be defined as 'Public Authority' under section 2(h) of the RTI Act. CIC_SS_C_2013_000275_M_157809.pdf

    ganpat1956
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  10. MANOJ B. PATEL

    Indian Potash Limited(IPL) is PA : Full bench of CIC

    by MANOJ B. PATEL

    Appellant 1 and 2 had sought information about potash imported by Indian Potash Limited(IPL). Respondent submitted that IPL having been incorporated under Companies Act 1956 is not a public authority under section 2(h) of RTI Act. Discussing all points in detail and quoting judgments of SC/HC, Commission held that respondent IPL is a Public Authority and directed to designate CPIO(s), FAA within 6 weeks. CIC_SS_A_2013_002956_CIC_SS_A_2013_002846_M_158675.pdf

    ganpat1956
    Last reply by ganpat1956,
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  11. RAVEENA_O

    CIC - information should be sought by a citizen in Individual Capacity.

    by RAVEENA_O

    One Mr Rahas Bihari Panda - Company Secretary of Indian Technomac Company Limited, must be holding the world record of maximum number of second appeals filed in the CIC, in the shortest possible time. Between 29 Sep 2014 to 05 Feb 2015 he has filed 546 second appeals in the CIC ! 191 of his second appeals were decided on 28th July 2015. One of the decisions is attached. CIC held that the information should be sought by a citizen in individual capacity. This Article is contributed by Mr. C.J. Karira Rahas Bihari Panda CIC decision..pdf

    Prasad GLN
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  12. jps50

    Imp CIC decision on Other Charges

    by jps50

    I am attaching useful CIC decision dated 20-05-2015 OTHER CHARGES 200515 IMP.pdf

    MANOJ B. PATEL
    Last reply by MANOJ B. PATEL,
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  13. sabharwal786

    CIC Says : Commission also directs the Home Department to issue directives to all Jail authorities to prepare the list of under trial prisoners supposed to be released from time to time at least for every quarter, informing the fact of their release.

    by sabharwal786

    Summary: It is the constitutional responsibility and statutory obligation of the Governments to review each case of under trial prisoner and take appropriate action including release of the prisoner and inform the prisoners concerned and the concerned authorities. The apex court explained this duty to review and release in Bhim Singh case. The Commission would like to add another duty, the duty to inform also to the authorities, which will facilitate the release, or enable prisoner or any other person to demand release based on information made available. The Commission finds it necessary and appropriate for the Under trial Review Committee to issue necessary instructions…

    Prasad GLN
    Last reply by Prasad GLN,
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  14. 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
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  15. MANOJ B. PATEL

    'Public Authority' and ' Authority' - clarification.

    by MANOJ B. PATEL
    • 1 reply
    • 1.3k views

    A full bench of CIC's observation: The expression ‘public authority’ has been defined u/s 2 (h) of the RTI Act but the word ‘authority’ has not been defined under the said Act. In fact, the word ‘authority’ has not been defined under any law for the time being in force. Therefore, the word ‘authority’ requires to be construed as per the rulings of constitutional courts. It may be apt to mention that in Som Prakash Rekhi vs. Union of India (1981) 1 SCC 449, the Supreme Court observed as follows:- “27. Control by Government of the corporation is writ large in the Act and in the factum of being a Government company. Moreover, here, Section 7 gives to the Gover…

    rameshverma
    Last reply by rameshverma,
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  16. D.T.RATHAVA

    appellant is not original rti applicant so appeal is dismissed by gujarat IC

    by D.T.RATHAVA

    appellant is not original rti applicant so appeal is dismissed by gujarat IC question that when appellant and applicant are differ, why sic taken on board FOR HEARING I KNOW RULES OF FORUM THAT ONLY HINDI AND ENGLISH ALLOWED BUT DECISION IS IN GUJARATI SO I PUT ON FORUM A-4092-2012_21233 gic.pdf

    MANOJ B. PATEL
    Last reply by MANOJ B. PATEL,
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  17. karira

    Odisha HC directs Govt. to provide free info to BPL RTI applicants

    by karira

    Odisha HC directs Govt. to provide free info to BPL RTI applicants Reproduced below the order of the Honble. Orissa High Court (Collected from the Orissa High Court website) regarding the case of Mr. Dhoba Sahu (WP.C No: 12135/2015) seeking direction of the court to Government of Odisha for notification regarding information to BPL persons free of cost under RTI Act-2005. The order passed by Justice B. R Sarangi on 23 July 2015 W.P.C. No.12135 of 2015 23.07.2015 Heard Mr.S.P.Das-A, learned counsel for the petitioner and Mr.B.Senapati, learned Addl.Govt. Advocate for the State. The petitioner files this petition seeking for a direction to o…

    Prasad GLN
    Last reply by Prasad GLN,
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  18. D.T.RATHAVA

    Public authority inquire whether any crimes under IPC

    by D.T.RATHAVA

    *The Commission require the Public Authority to inquire whether any crimes under IPC were committed by officers and husband of the appellant and proceed with necessary action based on findings. CIC_Decision_dated_03.06.2015_on_Appeal_filed_by_Rakhee_Marwah_Vs._PIO_SDM_Saket_New_Delhi.pdf

    MANOJ B. PATEL
    Last reply by MANOJ B. PATEL,
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  19. MANOJ B. PATEL

    Commission directed respondent authority to frame policy to prevent misuse of RTI

    by MANOJ B. PATEL

    Appellant had sought information on 17 points. Commission observed; the 17 points questionnaire about the 14 colleagues of appellant is nothing but personal vengeance, besides being serious threat to the process of inquiry. Commission recommended the respondent authority to frame a policy to prevent such misuse of RTI against the inquiries/process of taking disciplinary action, questioning the misconduct and inquiring in to several other charges within reasonable time. The charged employees should necessarily appear before inquiry proceedings. My question is; how CIC can direct that 'charged employees should necessarily appear before inquiry proceedings'?. CIC_SA_A_2…

    MANOJ B. PATEL
    Last reply by MANOJ B. PATEL,
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  20. MANOJ B. PATEL

    Provide copies of FIR stating 'record has been lost' : CIC

    by MANOJ B. PATEL

    Appellant had sought details of application in which inspection was allowed, copy of FIR lodged on non tracing of files, action taken by RCS for not following direction given by RCS. Commission directed the PIO, RCS to provide certified copies of FIR stating 'record has been lost' and number of co op. societies which they had not complied with the direction of RCS and what action had been taken against them. CIC_SA_A_2015_000477_M_159573.pdf

    harinder dhingra
    Last reply by harinder dhingra,
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  21. harinder dhingra

    CIC directs NCDC to provide information free of cost for not following Section 7(3)(a) of RTI ACT

    by harinder dhingra
    • 0 replies
    • 1.1k views

    Dear All, CPIO/s beware. Now it is difficult to scare information seekers under RTI Act 2005 by quoting/asking for lump sum amount in response to RTI applications. The Hon'ble Mr. Sharat Sabharwal has come down heavily on CPIO of NCDC in undersigned second appeal by ordering free of cost information because no calculation was given for seeking the extra charges of Rs. 16500/-. Kindly see the enclosed order. I quote the relevant part of the order, A welcome order of Hon'ble CIC. Thanks for your time. harinder dhingra CIC_SH_A_2014_001455_M_159824.pdf

    harinder dhingra
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  22. harinder dhingra

    HSIC penalizes STP of MCG of Rs 8000/- for non furnishing of information within stipulated time

    by harinder dhingra
    • 0 replies
    • 1.1k views

    Dear All, The HSIC has penalized Mr. S S Chauhan, Senior Town Planner, MCGurgaon for not providing the information to undersigned within stipulated time as per section 7(1) of RTI Act 2005. Kindly read the full order to know the extent the Hon'ble Commission went to understand the learned SPIO reluctance to provide information within mandated period. I reproduce the order of HSIC below, QUOTE " (iii) A penalty of Rs. 8000 (Rs. eight thousand only) is imposed upon Sh. S.S. Chauhan, the SPIO-cum-Senior Town Planner, Municipal Corporation, Gurgaon. The penalty shall be deducted from the salary of Sh. S.S. Chauhan, the SPIO cum-Senior Town Planner, Municip…

    harinder dhingra
    Last reply by harinder dhingra,
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  23. MANOJ B. PATEL

    Provide Bank CCTV footage to appellant

    by MANOJ B. PATEL

    An employee of respondent bank rudely behaved with appellant's wife and manager of bank verbally apologized for that.The appellant had sought the information regarding CCTV footage for a particular slot of time which was denied by the CPIO stating that information sought could not be construed as information under section 2(f) of the RTI Act. Commission directed the CPIO to provide the name and designation of concerned employee of bank and footage of CCTV. Both the CPIO and FAA advised the appellant to file a complaint in the matter. CIC_SH_A_2014_001317_M_159194.pdf

    harinder dhingra
    Last reply by harinder dhingra,
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  24. MANOJ B. PATEL

    Commission notes with concern that how PIO deal with RTI application !

    by MANOJ B. PATEL
    • 0 replies
    • 1.1k views

    Complainant sought action taken report on his complaint and other related information. The Commission observed: Commission notes with concern that how the PIO deals with the RTI application of the complainant. Initially he did not give proper reply to the complainant and later on no response has been given by him in compliance of FAA's order. SCN isssued for imposing penalty. CIC_YA_C_2014_000258_M_159656.pdf

    MANOJ B. PATEL
    Last reply by MANOJ B. PATEL,
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  25. MANOJ B. PATEL

    Provide question and answer papers of MBBS exam

    by MANOJ B. PATEL
    • 0 replies
    • 984 views

    Appellant had sought copy of answer sheet, question paper and key of MBBS examination given by his daughter. CPIO stated that as per decision of academic committee of JIPMER they do not disclose this information. He further referred to a decision of Delhi HC in LPA No. 487/2011 where in HC has denied disclosure of such information. Commission clarified that the ratio of decision of Delhi HC does not apply in this recent case as it was delivered in relation of a super speciality entrance examination. Commission directed the CPIO to provide the required information and warned the Public Authority not to deal with RTI application in a casual manner and to consider cogniz…

    MANOJ B. PATEL
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