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Showing content with the highest reputation since 03/03/2020 in all areas

  1. 3 points
    Some of you -- at least CJ Karira, who helped me years ago in one crucial step, getting SEBI to acknowledge its own circular! -- know of a 15-year quest among desi academics to get SEBI to release its stale masked FII data for academic research. At one point years ago a parliamentary query by Shyam Benegal, then Rajya Sabha MP, sought the release of this data for academic research. He then made a subsequent RTI query asking what had done about his complaint about the terrible answer he got to his parliamentary question. We thought we had succeeded when in response to that SEBI did put in public domain that FII data and promised to update. And to their credit, they did update it from time to time, even if a bit fitfully. But thanks to a question by a curious IIT-Madras undergrad, we realized that what SEBI gave with one hand they took away with another. While the idea was that the FII IDs would be masked to preserve privacy, without telling anyone, SEBI changed the masks each month, drastically reducing the value for academic research (since you can't even tell how many distinct FIIs are there in the data base, and whether anyone traded over time). It also caused mistakes in academic research since no one imagined that SEBI would use changing masks, when no other regulator or exchange on the planet does so. To get SEBI to finally agree to not hide by changing masks, but to keep a stable mask, has taken many years. But at least per the ruling received yesterday, it has been achieved, with no violence to anyone. I attach the ruling. I can also post the various submissions made at the Second Appeal hearing if there is any interest (need to scrub email-IDs, per the policy of this site). Addendum_To_CIC_2nd_appeal_28th_February_2020.pdfThis RTI site, in particular Karira-ji, has been very helpful to me in the course of this long episode thru countless RTI queries. And I am grateful for that from the bottom of my heart. I am confident we will see quite a few PhD dissertations using this database within the next few years. Addendum_To_CIC_2nd_appeal_28th_February_2020.pdf Second_Addendum_w_Appendices_29th_Feb_2020.pdf CIC-SEBIH-A-2017-139953-BJ.pdf Third_Addendum to Additional Submission for RTI Second Appeal_2nd_March_2020.pdf To_CIC_2nd_appeal_27th_February_2020_Redacted.pdf Draft_Talking_Points_for_the_Hearing.pdf From_SEBI_Written Submiissions - Murugappa Krishnan 139953.pdf thanking_CIC_post_decision_Redacted.pdf
  2. 2 points
    We need all the detail to guide you to submit a letter to CPIO as guided by Mr. GLN Prasad. In addition pleases be guided by the post of Mr. Prasad dated 22 March 2017. Please do not open new thread on this Forum.
  3. 2 points
    The PIO has cited the exemption of section 24(4) for denying the information requested by you. Please peruse the provision of section 24(4), the same is reproduced below: As you can see, your best chances of getting the information is, if you can show that the information sought by you pertains either to (1) allegation of corruption or (2) violation of human rights. It seems that, in the facts of your case, the information sought by you may possibly fall under the category of 'violation of human rights'. If that is the case, then you may file a first appeal before the concerned First Appellate Authority on the ground of violation of human rights, however, please note that the second proviso to section 24(4) provides that in such cases the power to disclose information lies with the State Information Commission.
  4. 1 point
    @Devi Devi I think SIC has ordered to PIO to allow you to inspect the original file & issue copy of public record desired by you. Here the reason is not relevant. "COMPLIANCE OF ORDER" is relevant. Issue a reminder to PIO to allow you to inspect the record as per order of SIC. Take small steps for a leap. Don't allege anyone.
  5. 1 point
    @Devi Devi As per RTI Act PIO has to provide information as per record. He will not create any information. He provided copies of appointment letters no. 44 and 45. I presume that you are Sudha Devi & I dealt this case in 2017. " Point No. 3 ..... Entire content has been changed by authority" It is a serious allegation & you have to prove it before appropriate authority or Competent Court of Law. RTI ACT is for purpose of free flow of information to Citizens of India. It helps us to access the public Record & use it as per our discretion.
  6. 1 point
    1.If you have not specifically asked earlier for certified copy of joining report, now file fresh application and seek such certified copy . Focus on what is exactly needed and gives result/remedy immediately rather than making enemies with several officials. Neither there is a provision nor any one can take action against ICs as only appeal is possible against such quasi judicial findings as decisions. You can only file writ against such IC decision in High Court, and a dedicated advocate is required to prepare such writ as even HC judges do not take it kindly for writs on RTI Act, unless such decision brings them name or fame. There are cases where HC ordered huge costs and also ordered for investigation into motives of such applicants.
  7. 1 point
    Hearty congratulations . Your success story confirms that perseverance brings success though there may be delay. Please write all the incidents in chronological order and record the efforts with names of such officers that are involved in the process and issue such notice legally to the Public authority. Wait for a month and ask your advocate to file a contempt petition enclosing the notice given. Your advocate is the most competent man. Remember, if your joining letter is fabricated by such employees, they are digging their own grave as the fabrication and falsification of public record is a serious crime.
  8. 1 point
    Sir I had requested the service record book of a police officer who got suspended due his abusive and harassing behavior with a cab driver who committed suicide due to this. The PIO denied it under 8(1)(j). No Reply for first appeal. After Second Appeal, TNSIC has closed the case without a personal hearing saying the decision of the PIO is right. Now what should I do to get the information? What petition should I file in HC and how much would it cost (approx.)?
  9. 1 point
    Those reports unless they are placed before the Assembly can not be disclosed to public. If you are not satisfied continue the cycle and go for first and second appeals stating larger public interest.
  10. 1 point
    If I have properly understood your query, this is the query: , I should have got ₹415, but I got ₹410 for both the tickets. Please value the time/space of voluntary forum, members, public authorities, and your time also, as fighting for Rs.5/- you might have wasted more than Rs.100/- by now. Please do not misuse the forums.
  11. 1 point
    Being a regular member focus on real issue, what can you do with such certified copies of NOCs given to several hundreds when a list is enough to cover your requirement. What is the use of these NOCs or that information and what do you exactly want to deal with that information. Without arriving to logical conclusion there is no use of just seeking any information. Instead of that focus on the issue as to preventive measures or controlling measures the department is resorting to for verification that all such connections are either having NOC or without any power connection.
  12. 1 point
    Being a regular member, you are aware of the High way to your destination and knows various steps in the process. The proper way to get such information on NOC issued by DC is seeking from DC himself. You can never get information on those connections issued without NOC as department can never agree that they are aware of such illegal connections, as they are accountable for disconnecting such supplies and they may give reply as NIL. Information solicited: 1)Please provide me list of electric connections given in encroachments with NOC from collector at.................................. 2)Please provide me the list of such electric connections at.................................. provided without mandatory NOC and action taken against those illegal users.
  13. 1 point
    First Appeal dt.10th Mar, 2020 under RTI Act Before: First Appellate Authority,................Railways,..................... Against: CPIO,................................................. Appellant:...................................... Grounds for Appeal: CPIO reply ref...................................................to RTI application dt....................is treated as unlawful and deliberate denial, as CPIO has not applied his mind for denying information and denied information by stating such clause, where as he is supposed to justify as to how Sec.8 (1 ) (d) and (e) apply when public documents/agreements are being solicited for proper transparency and accountability in functioning of responsible Railway officials for a public convenience of parking before the Railway station. Tender documents/agreements can not be denied as they are basic and fundamentals to measure transparency and accountability in public activities. This was upheld in umpteen number of CIC decisions in the past. After 15 years of enactment, a CPIO working at a prime station not knowing fundamentals in one section of RTI applicable to him shows the bad implementation of the Act in Railways and not giving enough training to the persons who works in trains. PRAYER: Appellant prays for directions to CPIO for providing of such information as expeditiously as possible free of cost. Appellant.
  14. 1 point
    One display in the Head Post Office(HPO) says RTI applications received on behalf of all Public Authorities of Central Govt. Does it mean that even we can submit 1st appeal & 2nd appeal in HPO . Recently they received my initial RTI application but were hesitant to receive my 1st appeal regarding the same RTI application for which I had to regd. post it.
  15. 1 point
    Sorry, I am not expert. I can only understand simple things. In what way the frequent/periodical changing of those field-masking by SEBI amounts to misrepresentation, and is it that difficult to find out from the data to which bank it belongs to with some comparative analysis of the past and performance indicated ? if there are mandatory norms laid down on process to be followed in uploading the data and if SEBI fails/violates then it can be raised with concerned controlling authorities. But, as far as RTI is concerned, how information amounts to misrepresentation/misleading /
  16. 1 point
    The information has to be provided as appearing in a public record as defined under information under RTI Act and Indian Evidence Act. If the information is not provided as per exact public record, then the information is treated as cooked / opinion and depending on such need for information it can be treated as misleading, if there is an attempt to suppress information to hide a fact.
  17. 1 point
    Think practicably. In India, it is power, party and influence that can get things done and inadequate funds is the main issue. Under RTI you can get only that information which is available on record in material form under custody of the public authority. As per my understanding, authorities might have taken a decision to prefer those colonies where the population is more. There may be exceptions also, and when some one wants to reject a thing, they will find out the loopholes first as excuse/reason. You can file two separate RTI Applications...one only for knowing the policy guidelines Please provide me the laid down norms for selecting layouts for providing Roads and drainage. For the second you can use template that is ready in our forum as sample application RTI wiki. https://www.righttoinformation.wiki/guide/applicant/application/sample/gram-panchayat Make suitable alterations
  18. 1 point
    Just be polite and formal like a professional. Download the blog on inspection by JP Shah and carry it in the form of hard copy and take usual precautions . Search in website for Hon'ble Sailesh decision in our forum, wherein in CIC decision he ruled that PIO has to provide the information as on record, irrespective of the type of query. Write a thanks letter, seek for specific appointment date, timings, officers to be contacted and provide him the list of files you wish to inspect. Wait for their call and attend inspection atleast before 15 minutes to the given time. Never argue, do not show ego or knowledge, just focus on information required by you.
  19. 1 point
    Let the buyer beware is universal applicability. Everyone has to perform his duty for the sake of salary and to promote his organization. No one can grab the discretion rights of the citizen. Look before you leap is a proverb. Blaming a Government, because someone cheated is not proper. Those who are cautious never step into such speculative gains. Once bitten twice shy. An investor learns more lessons only through failures and balances the present to gain something in the future in some other way to compensate such losses. This is all ongoing process and at one point one cannot judge performance.
  20. 1 point
    I have my own reservations against this decision. As a victim, every complainant has a right to know as to what happened to his complaint. Disciplinary proceedings once again varies from case to case. In a Bank, where trust is the key factor, larger public interest of public money is involved. In case of moral turpitude and personal disorders can certainly hamper public satisfaction. There is no hard and fast rule in such second appeals. The deficiency is with appellant, who has not established larger public interest. If properly presented, every issue involves some larger public interest.
  21. 0 points
    @Devi Devi Section is correct but onus of prove lies on the party alleging such allegation.
  22. 0 points
    In what way that information of appointment letter/joining letter can be used at this point of time for logical conclusion and for advantage of the applicant is not known ? An ex employee wants only an experience certificate and the employer has provided that certificate. What is the chating in recruitment process, loss suffered, remedy required is not known. As far as RTI is concerned not permitting inspection is willful disobedience of superior's reasonable order, and falsification and fabrication record that applicant is not coming for inspection is another deliberate and malafide action of SPIO. The signature of applicant in joining letter is not disputed and most surprisingly the contents are disputed, and a common man do not understand as to how signature can be genuine and contents can be false, and who derived such advantages if any unless there is establishment of a nefarious design and conspiracy.
  23. 0 points
    @Prasad GLN Earlier she has used word "RTI Court". I think it is SIC/CIC only. The appeal against their order can be before the HC/SCI. The thread needs to be summarized to focus on the main issue under RTI/ specific Grievance or alleged criminal case with section. If it is a Vigilance matter the forum can advise accordingly. She must summarizes all issues. I have gone through her all posts since 2017 but nothing is clear.
  24. 0 points
    I believe your person in toto, and there are several unethical and unscrupulous persons that falsify and fabricate public records, and without providing opportunity of personal inspection, fabricate a record that applicant is not coming for inspection. They are taking lenience of your helplessless. 1.Now file fresh RTI Application seeking information through certified copies on a)Call letter inviting applicant for inspection, b)Joining letter. 2.If they have fabricated and falsified and provided a fake joining letter you can file a complaint to Information commissioner stating that incorrect and false information is provided deliberately with malafide attention. Complaint is separate and second appeal is separate and both steps are permitted in RTI Act. 3.Simply I do not understand as to why they refuse take action against such falsification and fabrication of public record stating that it is under RTI. The record is a public record and provided under RTI Act. The action has to be taken for fabrication and falsification of public record, and no RTI process is involved. 4.If you can afford immediately approach High Court Legal Services Authority, and file writ through them seeking such directions to the public authority for permitting inspection and providing further copies. 5.You can also file Police complaint on falsification and fabrication of public record and enclose the certified copy to Supdt of Police of jurisdictional police station and also Vigilance dept., of Police and Home Dept., (Please prepare a Uniform format with all facts chronologically in brief and not more than A4 size focussing only on such falsification and fabrication, forgery of joining report and by changing the address and through mail merge generate notices separately and shoot them to CM , Home dept., IG of Police, and Head of the dept.). In this letter you have to invariably state those efforts made by you till this date for remedy) ( Devi and Devi: Madam Raveena is not visiting the forum over one year and reasons not known. Our members are missing her expertise and it is a great loss to the forum as she was most active member/moderator in the forum)
  25. 0 points
    As an experienced member, respect the space in the forum and do not turn the forum as personal correspondence/secretarial services. You can just quote essence. When the first appeal is rejected, the only option is going for second appeal with same grounds and prayers by adding first appeal orders date. You can go for first appeal. In the mean while, search JPS or other blogs as to what exactly is SEC 8 (1) (d) and mail such copy to FAA so that he may apply his mind and learn about Sec. 8 (1) (d)
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