Monthly Archives: June 2015

Cantankerous appellant must be asked to pay costs to the public servants

third-party-wifeCentral 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 trial along with the trial in courts of law.”- CIC

More importantly, however, was the observation that the First Appellate Authority (FAA) disclosed information about his wife without applying the third party clause as under Section 8 (1) (j) that prohibits the private information not related to any public activity. Earlier also we have brought this issue on our blogs, you can read them here!

The RTI applicant has sought details of Notary Register of his wife. On the first appeal against the CPIO, Department of Legal Affairs, First Appellate Authority (FAA) gave the decision to disclose the information.The FAA noted that notary is the third party, but did not ask CPIO to follow the procedure to obtain views of the third party, Notary. Strangely the FAA has ignored the fact that it was not just the Notary, but the wife of appellant and owner of the house who leased are also third parties. Read more ›

Stock and Sale Records of Ration in Delhi not online

nortiphotoDuring 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 that stock along with the list of names of eligible ration card holders. This information should have been uploaded into the Public Domain and a hard copy of the same should have been displayed on the notice board of the Circle office and the respective ration shops.

However, in the RTI hearing at CIC, the department submitted that the stocks available at the respective ration shops are displayed at the ration shops and the record is also kept at their circle office. At present, there is no system of uploading the stocks and sale position of the respective Fair Price Shops in their Circle. Therefore in the RTI reply asking for rations issued by this shop, Copy of the master register/daily sale register/inspection register etc the authority had asked the appellant to deposit Rs.2,808/towards costs for supplying the copies of information. You can read and find about how many requests we receive at our forum regarding ration cards here. One of the oldest cards of Government of India still faces digitisation blues, during the time when you have Aadhar cards, NPR and PAN cards. If you are interested in filing RTI for ration card, visit our website which explains how to become RTI Activist and also take help from our Forum active members.

The commission rightly recorded that the appellant who is a common man, cannot be expected to Read more ›

Using RTI to know the truth behind overwriting

nortiphotoRight 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 of the MLC because of this overwriting in it. On the basis of that overwriting in the MLC, investigation officer charged his son for causing grievous hurt.

Making a plea that if doctors have different opinion, they should mention the same by issuing a new MLC instead of rewriting over MLC, the Appellate filed the RTI to know is there any guidelines for doctors in preparing and correcting the Medico Legal Reports. Despite several reminders, there was no reply to his RTI application. To know more about the RTI Act kindly visit our Right to Information Wiki. And to get help from our members, go to  our forum to post your issue. You can also access RTI resources by downloading our Mobile App for Android and Apple iOS.

The commission decided in the appellate favour by directing public authority to provide certified copy of guidelines being followed by Doctors regarding MLC, within 21 days from the date of receipt of this order, failure will result in initiation of penalty proceeding against them. Further, commission also directed public authority to inquire into this “overwriting” to fix responsibility and submit a report. Read more ›