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RTI Appeals decisions

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  1. MANOJ B. PATEL

    Denial of information to a student is denial of employment and breach of his right to life

    by MANOJ B. PATEL

    Appellant had sought copy of service record of his late father. CPIO denied stating no information is available. The Commission observed that: Denial of information to appellant who is a young boy of 20 years of age study in BSc means denial of employment that again means breach of his right to life under Article 21 of Constitution of India. Commission issued SCN for penalty, disciplinary proceedings and compensation. CIC_SA_A_2014_001612_T_157156.pdf

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  2. rtiindia

    [RTI Case Law] Stock and Sale Records of Ration in Delhi not online

    by rtiindia

    This article has been posted at our #LawSegment . To read the full article follow this link: Stock and Sale Records of Ration in Delhi not online and to subscribe to our daily mailer follow this link Join our free Right to Information Newsletter - RTI INDIA. During the time of digitization, Delhi Food and Supply Department still cannot put the details of Fair Price Shops online. *Department of Food and Supply of Delhi should*disclose*monthly stocks released to the Fair Price Shops (FPS) and the distribution of…Read more › The law segment is available here RTI INDIA - Invoking Your Rights Read the complete article here...

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  3. rtiindia

    [RTI Case Law] Cantankerous*appellant*must*be*asked*to*pay costs to the public servants

    by rtiindia
    • 0 replies
    • 1.2k views

    This article has been posted at our #LawSegment . To read the full article follow this link: Cantankerous*appellant*must*be*asked*to*pay costs to the public servants and to subscribe to our daily mailer follow this link Join our free Right to Information Newsletter - RTI INDIA. Central Information Commission came down heavily on RTI applicant for filing several*frivolous and repeated applications with sole aim of harassing his wife without caring*whether any public loss is being caused in the process. “he*has misused RTI to run a parallel…Read more › The law segment is available here RTI INDIA - Invoking Your Rights Read the complete article here...

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  4. jps50

    Income Tax Return - Section 8.1.j

    by jps50
    • 0 replies
    • 582 views

    I am attaching judgement of Hon'ble High Court of Bombay in case of Income Tax Return etc of a state minister. The writ was filed by Shri Shailesh Gandhi Ex-IC, CIC. It is held that such details cannot be supplied without proving larger public interest. The judgment is being challenged in SC INCOME TAX RETURN 110615 -NEGATIVE.pdf

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  5. D.T.RATHAVA

    Commissioner order before the judge for appropriate action and judicial proceedings against appellat

    by D.T.RATHAVA

    The Commission rejects the second appeal as misuse of RTI and directs the PIO to place this order before the Judge for appropriate action against the appellant with regard to harassment of court staff with frivolous applications under RTI, obstructing their work and judicial proceedings of the court, CIC_SA_C_2015_000047_M_156770 judj.pdf

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  6. MANOJ B. PATEL

    Extract of Notary's register

    by MANOJ B. PATEL

    The appellant had sought the extract of Notary register but PIO refused stating that Notary maintains register and department is not custodian of such records. CIC observed that; there is no any mechanism in public authority to maintain a parallel register/record etc. and directed respondent to facilitate inspection of Notry register to the appellant and furnish copies required by him. CIC_SA_A_2014_001773_M_156765.pdf

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  7. rtiindia

    [RTI Case Law] Using RTI to know the truth behind overwriting

    by rtiindia
    • 0 replies
    • 1.1k views

    This article has been posted at our #LawSegment . To read the full article follow this link: Using RTI to know the truth behind overwriting and to subscribe to our daily mailer follow this link Join our free Right to Information Newsletter - RTI INDIA. Right to Information Appellate alleged that in a Medico-Legal case, the Doctor in the hospital had overwritten ‘simple hurt’ as ‘Grievous hurt’. Because of this change, the appellate son was booked under 308*of*IPC,*a*non*-bailable*offence.**As*it*is*a*case*of*physical*assault,*nature*of*injury*matters*a lot,*in*deciding*nature*of*crime*& sentence. Appellant has questioned the credibility…Read more › The law se…

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  8. MANOJ B. PATEL

    Decision to provide copies of applications to Notary

    by MANOJ B. PATEL

    The appellant had sought copies og Notary applications of some persons but PIO denied stating that it was third party information. CIC directed the respondent (department of legal affairs) to furnish copies of applications of persons mentioned in RTI application after blocking the personal information such as mobile numbers and addresses. CIC_SA_A_2015_000081_M_156654.pdf

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  9. MANOJ B. PATEL

    Director of Prosecution directed to give Police file

    by MANOJ B. PATEL

    The appellant had sought copies of entire police file lying with the prosecution branch of the Patiyala House Court, New Delhi. PIO denied stating that information sought appears to be part and parcel of judicial file which applicant may obtain from concerned court, so far copies of police file is concerned same can not be parted with being prohibited/restricted under the provisions of CrPC. The Commission directed the PIO of Directorate of Prosecution and PIO of concerned police department to apply doctrine of severability as provided in section 10 of the RTI Act and furnished certified copies of such information from police file. "Our all members are requested t…

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  10. MANOJ B. PATEL

    Mode of payment of fee -RTI application

    by MANOJ B. PATEL

    The PIO rejected RTI application on the ground that the applicant has paid fee of Rs. 10/- in form of non judicial stamp. The Commission considered that such payment can be deemed to be the payment mode to the government. Commission directed the CPIO to file affidavit under section 19(8)(a) explaining the number of applications rejected on such flimsy ground. CIC_SA_C_2014_000336_M_156127.pdf

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  11. MANOJ B. PATEL

    CIC orders to initiate inquiry for misuse of RTI

    by MANOJ B. PATEL

    The commission, exercising its powers under section 19(8)(a) requires the PIO to initiate inquiry against applicants for their alleged misuse of RTI motivated by private interest or intention to harass so that a appropriate action is initiated as per law. CIC_SA_A_2014_000773_M_156049.pdf

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  12. MANOJ B. PATEL

    Caste certificate of public servant should be disclosed : CIC

    by MANOJ B. PATEL

    CPIO objected to disclosure and sharing of the address in caste certificate and said that it would be their personal information but Commission held that caste certificate of a public servant which forms the basis of his selection should be disclosed. CIC_SA_A_2015_000038_M_155207.pdf

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  13. sabharwal786

    Importent orders of the Punjab State Information Commission to the Municipal Corporation, Ludhiana

    by sabharwal786
    • 1 reply
    • 874 views

    The Orders of the PSIC are as follows : Appeal Case no. 174/2015 I would like to make couple of more specific suggestions ( read as directions) which would arm your PIOs with soft skills to dispose of the RTI applications. I understand that there are in all nearly two dozen PIOs and nearly the same number of APIOs in the MC, Ludhiana and number of others who are assigned duties related to RTI Act. Instead of deputing any officials on such a job, I strongly recommend that these officers are properly trained first. To begin with, I would advise that all of the PIOs and APIOs should undergo 15 days’ on-line certificate course from Centre for Good Governance, Hyderabad,…

    MANOJ B. PATEL
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  14. sabharwal786

    PSIC issued bailable warrants of Mr. Sukhwinder Singh, District Revenue Officer, o/o Deputy Commissioner Office, Ferozepur

    by sabharwal786
    • 2 replies
    • 883 views

    The orders of the PSIC are as follows : Since the respondent-PIO Ms. Sukhwinder Singh has preferred to abstain today despite the fact that a show cause notice has already been issued to him, the Commission takes a serious note of itand deems it fit to issue bailablewarrants against him who is District Revenue Officer o/o Deputy Commissioner Office, Ferozepur., in exercise of powers conferred under Section 18(3) of theRight to Information Act, 2005, read with the relevant provisions of the Civil Procedure Code with the direction that the said PIO shall produce the relevant record relating to the complainant’s RTI application on the next date ofhearing. A copy of this…

    D.T.RATHAVA
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  15. D.T.RATHAVA

    Important CIC Decisions regarding Exemptions from Discosure

    by D.T.RATHAVA

    The following CIC decisions interpreting the RTI Act 2005 give valuable clarification in applying exemptions and responding to the RTI applications seeking information relating to ongoing investigations cic-decisons-exemptns.pdf

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  16. MANOJ B. PATEL

    Bold decision by CIC (respondent authority was court)

    by MANOJ B. PATEL

    Appellant had sought information regarding the court in relation to the usage of Hindi language as per court's circular dated 12.9.2003. PIO replied that information can not be provided as it was hit by section 2(f). The Commission directed the respondent authority to furnish a report to the commission regarding the usage of Hindi with reference to their circulars. Attached files. CIC_SA_A_2015_000066_M_155517.pdf

    ARUN MODI
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  17. MANOJ B. PATEL

    Show Cause for stating not received RTI - when actually received

    by MANOJ B. PATEL

    The respondent SDM, Delhi submitted that they did not receive RTI application. On examination of record Commission finds that SDM sent reply to appellant in which it is stated that he received the RTI application and transferred to concerned section. But the SDM, Ms.Nitika Pawar informed by a letter today to Commission during hearing that the said RTI application was not received by the SDM, her office should have inquired from the Commission's office and obtained the copy of the same as soon as the hearing notice was received. Having not done the same, SDM Ms. Nitika Pawar, as irresponsible and hence issued SCN to explain why penalty should not be imposed on her. CIC_SA…

    Prasad GLN
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  18. MANOJ B. PATEL

    CIC issued SCN to both PIOs for penalty and compensation

    by MANOJ B. PATEL

    Appellant had sought information regarding his complaint petition. During hearing petition submitted that he was provided wrong information and for this small matter he was compelled to approach Delhi HC. CIC directed both PIOs to show cause why maximum penalty should not be imposed on them for not providing correct information and why compensation should not be granted to appellant. CIC_SA_A_2015_000108_M_155368.pdf

    MANOJ B. PATEL
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  19. MANOJ B. PATEL

    Ownership informatin of motor vehicles is public informatio

    by MANOJ B. PATEL

    In a decision the CIC held: Ownership information of motor vehicles is public information and not private no third party information. Commission directed the CPIO to provide names of owners and names and address of dealers who sold the car. CIC_SA_A_2014_001857_M_155209.pdf

    Prasad GLN
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  20. MANOJ B. PATEL

    CIC directed CPIO to furnish certified copies of relevant record in 24 hours.

    by MANOJ B. PATEL

    Appellant had sought information related to Khasara No. and owner of it. The CPIO had provided owner's name but appellant contended the said person's ownership does not exist in revenue record. The CIC directed the CPIO to furnish certified copies of relevant record in 24 hours of this hearing. CIC_SA_A_2015_000069_M_155365.pdf

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  21. MANOJ B. PATEL

    In a single appeal 5 PIOs issued SCN.

    by MANOJ B. PATEL
    • 0 replies
    • 645 views

    In a decision CIC observed: The Commission likes to reiterate that the FAA is their own senior authority, whose order was not complied with. Because of this disregard of FAA order the appellant is compelled to approach the Commission in second appeal, for compliance and to decide the legal position. In this way, the PIO of public authority had not only made FAA a dis functional authority, but he had defied his senior, and breached the RTI act. He reduced the Information Commission to the lower level body used for securing the implementation of FAA order. CIC_SA_A_2015_000031_M_155204.pdf

    MANOJ B. PATEL
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  22. karira

    Delhi High Court directs for distribution of Chief IC’s cases to all ICs to clear the backlog

    by karira
    • 0 replies
    • 745 views

    The Delhi HC has directed the Central Information Commission to redistribute cases pending in the Registry of the Chief IC amongst all the present Commissioners, in order to clear the backlog. (1) The Hon’ble Delhi High Court in a landmark decision dated 22-5-2015 (copy enclosed) has directed the Central Information Commission to allocate the cases pertaining to the Chief Information Commissioner to all the Information Commissioners, who shall hear them according to the seniority unless priority hearing is necessary. (2) The High Court has also directed that priority hearing should not only be confined to the cases of Sr. Citizens and Physically Challenged Persons…

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  23. MANOJ B. PATEL

    CIC directed CPIO to provided information.

    by MANOJ B. PATEL

    The appellant as a prisoner had filed RTI application raising queries and questions only and asked to provide information. In second appeal CIC directed the respondent authorities to consider the above points as the complaints and furnish action taken report on the above issues and to provide information quoting all the questions. Attached files. CIC_SA_A_2014_001282_M_155156.pdf

    Prasad GLN
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  24. D.T.RATHAVA

    SIGNIFICANT DECISIONS ( Right to Privacy, Larger Public Interest )

    by D.T.RATHAVA

    CIC: “Hence, the Commission holds that there is a larger public interest that require disclosure of medical records of a patient as mandated under Section 8(1)(j) and directs the respondent authority to furnish the information about the medical records of her husband to the extent … .” (Sections 2,3,4,6(2),7,8,11,18,19, Right to Privacy, Larger Public Interest) CIC_Decision_dated_10.04.2015_on_Appeal_from_Ms._Jyoti_Jeena_Vs._Institue_of_Human_Behaviour__Al.pdf

    MANOJ B. PATEL
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  25. D.T.RATHAVA

    SIGNIFICANT DECISIONS [ u/s 8(1)(j)]

    by D.T.RATHAVA
    • 1 reply
    • 749 views

    The basic protection afforded by virtue of the exemption from disclosure enacted under Section 8(1)(j) cannot be lifted or disturbed unless the petitioner is able to justify how such disclosure would be in ‘public interest’. [section 8(1)(j)] CIC_Decision_dated_19.03.2015_on_Appeal_from_Dr._Ram_Kumar_Jaipur_Vs._Controller_of_Communicatio.pdf

    MANOJ B. PATEL
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