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Showing most liked content since 02/27/2020 in all areas

  1. 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 publi
    4 likes
  2. For seeking Information: 1. File a RTI application under section 6(1) of the RTI Act with the concerned Public Information Officer (PIO); 2. If you do not get the information from the PIO, then file a first appeal under section 19(1) with the concerned First Appellate Authority; 3. If you do not get the information despite filing a first appeal, then file a second appeal under section 19(3) with the concerned Information Commission. For Complaining: Consider the following example situations: > There is no available PIO with whom a RTI can be filed, how would yo
    3 likes
  3. Description of Information Required: In accordance with the provision of section 2(j)(i) of the RTI Act kindly provide me with an inspection of all the documents pertaining to the XXXX... Kindly do prepare an index and paginate all the information offered to me for an inspection, and suggest three alternative dates for an inspection. In case, I have any difficulty with the dates offered for inspection, I will inform you about the same, and you may kindly do the needful to address the same. Please note that, during the process of aforesaid inspection, I shall select the required
    3 likes
  4. You may get information on Gross salary and name of the workers. Deductions are personal information of third party which need not be disclosed to applicants as there is no larger public interest. Instead let your wife file RTI Application seeking information on such deductions. or discover a way in getting clues by seeking information without names. EX: Please provide details of various deductions made from gross salaries ASHA workers as per laid down norms and how the amount is being sent to those organizations.
    3 likes
  5. Yes, indeed you can get all the information regarding the salary of Asha Workers. You need to focus on two things 1. Where to file 2. What to ask Where to File You should file RTI with the Block Development Officer of your area.If in doubt, it can also be filed at the District Collector / Deputy Commissioner office What to Ask You can file an RTI asking for the salary certificate of all the Asha Workers. You should also get the Payroll copy to understand the actual amount that has been debitted. For the documents, generally Asha Workers sub
    3 likes
  6. I strongly condemn this attack. Such attacks have occurred in the past as well, and there is no way to ensure that it won't happen again with someone else. I feel its time India thinks on the following lines. 1. Create separate ministry of RTI in Central & all State Govts. 2. Ministry to be managed by a group of Public Body, not by any one Elected Representative. 3. Create a Spl Dept of RTI in office of every Public Authority. 4. This Dept be kept beyond Jurisdiction of concerned Public Authority 2 avoid bias. 5. Atta
    3 likes
  7. File a second appeal and apart from other grounds that you may take also add the ground of public interest and quote section 8(2) of the RTI Act: Section 8(2) is reproduced below (emphasis added):
    3 likes
  8. A citizen should seek information available in material form as record from that authority with whom that record is available. You know where the panchnama is available as record. You have to file RTI Application in hard copy mode as per laid down rules and regulations of your state to that Public Information Officer, in whose office Panchanam is available and you will certainly get the same under RTI. It appears that you have filed on line RTI application to Central Government RTI portal and it is not to be used for seeking information from state government departments .
    3 likes
  9. RTI is mainly about seeking certified photocopies of the documents. Just frame queries such that it points towards documents. For instance, please provide me a certified photocopy of the documents wherein has been noted specific details of liabilities of my project mentioned in the NDC form.
    3 likes
  10. Please upload CIC decision and post the story as success story. After terrific gas leakage at Vizag, these kind of Larger public interest applications brings into light the deficiencies of the units much early. You are a lay man, and you should be accompanied by an expert of some voluntary organisation and the report you submit to them MPT may bring several safety violations . Search on line for such expert in any voluntary organisation.
    3 likes
  11. 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 c
    3 likes
  12. You may file a first appeal on the following grounds: 1. I would hereby like to draw your kind attention to the recent decision of Hon’ble Supreme Court in Transferred Case (Civil) No. 97 of 2015 (Arising out of Transfer Petition (Civil) No. 716 of 2012) in National Bank for Agriculture and Rural Development v/s. Sanjay SitaramKurhade, wherein the Hon’ble Supreme Court has upheld the reasoning given in the CIC Decision No. CIC/SG/A/2011/002405/16514, the relevant extract of which has been quoted below for your immediate reference and perusal: “The PIO has denied the information
    2 likes
  13. To, Mr. XX, (Name, Designation, Department, Address etc.) Subject: Seeking assistance u/s. 5(4) read with 5(5) for providing information under the RTI Act, 2005. Dear Mr. XX I hereby seek your assistance under section 5(4) for the proper discharge of my duties as a Public Information Officer under the Right to Information Act, 2005. I therefore kindly request you to provide the information requested by the RTI applicant Mr. XX through his RTI application dated: XX, a copy of which has been annexed herewith. Please note that for the purpose of providing inform
    2 likes
  14. You may try writing to the General Administration Department (GAD) of the Government of Uttar Pradesh. Be polite and respectful while writing and focus on the merits of your submissions. Director, Suchna Bhawan, Park Road Department of Information & Public Relations Lucknow - 226001 Email : upinformation[at]nic[dot]in
    2 likes
  15. It is good to see people helping one another and in turn achieving success in a society plagued with nepotism and favouritism.
    2 likes
  16. Sir, deputy collector has ordered the investigation by submitting Memorandum to Mamletdar
    2 likes
  17. Congratulations. Members have seen your growth and you are updating in the forum all your efforts as a good activist, undaunted by authorities defiant attitude. Please post your success story. Members are proud of your achievement and your keen interest shown in the forum for getting timely guidance.
    2 likes
  18. Congratulations. Post the success story. You have taken so many cases during 2019-20 and this is not a small success. A slap on the face of those public authorities who think that RTI is a time waster and it has given horns to citizens for abuse.
    2 likes
  19. There are well established and powerful unions affiliated to political parties and National presence. When there are agreements between such organizations that are takenover/merged/amalgamated, the workers as stake holders has their own say and every step is taken only with their consent. If there are disparities a member from Labour commissioner's office has the power to intervene and take up their cases. Now when the agreement was completed in 1999, it is difficult to find out such terms and conditions after 2020. You can file RTI Application to Momugao Port Trust and seek informati
    2 likes
  20. Establish larger public interest to the satisfaction of the PIO so that he can not use any exemptions under RTI .(Thank your stars as you are fortunate to get most details in 2017). Salary (Basic), designation, Branch working, are not treated as invasion on privacy. Loans and addresses (Women employee) in case of women are certainly exempted . If you want that information, there are several unauthorised channels like Private Detectives etc to get such information and we are not supposed to discuss in forums. (In India nothing is difficult)
    2 likes
  21. There are several conflicting views. 1.The Madras High Court has ruled that irresponsible PIOs should be shown the door. 2.CIC and HC judgment states that a Citizen is entitled to information alone and he is confined only for prayers and other action against PIO are at the discretion of IC. 3.FAA is beyond all, and in one HC Judgment, the HC has withdrawn the strictures passed as there is no such clauses and responsibilities were entrusted in RTI Act. As our Great Guru Mr Karira has stated 5 years back, the Act is on Ventilator with artificial breathing, with some remote s
    2 likes
  22. Grounds for appeal: It was decided in several CIC decisions that when applicant solicits hard copy , it has to be provided in the form in which it is requested, as many common men are not well versed with such downloading procedure and have such mechanism with them. Even if information is denied with such reason (unknown in RTI Act as a reason for denial), the minimum courtesy is providing such copy of link instead of directing the applicant to go through hundreds of such directives. PRAYER: Please direct CPIO to provide the information as expeditiously as possible free of cost as info
    2 likes
  23. Go through Sec.19 of RTI Act and continue further process of first and second appeal as expeditiously as possible remembering time frame. Wait for Information commissions' orders and if not satisfied go for Writ against University. Contact a local advocate and issue a Notice under CP Act claiming huge damages for not providing you the transcript if they have collected such fees. You can also explore possibility of filing writ mandamus in High Court after consulting your advocate.
    2 likes
  24. During First Appeal Hearing, you can not raise any fresh grounds - Adhere to the Grounds submitted in the First Appeal and establish larger public interest as to how the Temple in the name of lottery has collected such amounts from public. Conducting a lottery is a commercial activity and not connected with devotional aspect.
    2 likes
  25. Congratulations for the perseverance. Hope this may not end here.
    2 likes
  26. Nailed it Perfectly! After 5 years hard work Hon'ble SIC DIRECTS DEPUTY COMMISSIONER TO LODGE FIR AGAINST CUSTODIAN OF RECORD OR ANY OTHER PERSON RESPONSIBLE UNDER SEC 201 IPC OR PUBLIC RECORD ACT 1993 Followed till hilt!
    2 likes
  27. Please understand the operation of CVC. First there is a screening at CVC level and committee finds out whether there is a prima facie evidence. Then as CVC is just a post office and it transfers the complaint to Vigilance dept., of that organisation and finally the complaint goes to the very person against whom the complaint was made. CVC gives time of 90 days and after another two or three reminders, that organisation may send such report disagreeing and certifying that there is no vigilance angle in the complaint and make some more allegations attributing motives to complainant/ Th
    2 likes
  28. The experts always advised to pay any formal fee demanded if focus is on information, and getting information is itself a great success under RTI. After all we are compensating our government some of their actual expenses on information essential for us Please pay and get the information as the demanded amount is not substantial. If you think that amount is substantial, go for inspection, select copies and take personal delivery of documents.
    2 likes
  29. There are interesting blogs and also comments by many of our forum stalwarts like Hon.Karira, Ms.Raveena and Mr.Sunil. Further there was a recent discussion on HC Judgment . The Supreme Court Judgment on the difference is also available in the forum. Both serve different purposes. When first appeal could not be filed, or could not be filed within time frame, when information is not important within reasonable time a complaint can be filed under Sec.18. Remember, that complainant is not entitled to seek information but can only pray for other remedies like penalty and reco
    2 likes
  30. Kindly file a first appeal on the ground that, in accordance with the provision of section 2(f) of the RTI Act, 2005 the PIO ought to have accessed the information from a private body and provided the same to the RTI Applicant. Draft your first appeal by referring to the decision of the Delhi High Court in Telecom Regulatory Authority Of ... vs Kabir Shankar Bose. The said Delhi HC decision is attached herewith this post. TRAI_..._vs_Kabir_Shankar_Bose_on_20_November,_2018.PDF
    2 likes
  31. You have solicited following information from a Small savings a Public authority. "Please provide the certified copies of the following documents related to the loterries as per copy of lottery ticket submitted here Documents related to general administration, Organisational Structure, Rules, etc Sale of tickets, unsold tickets, Printing of tickets, Distribution of tickets, Prize structure, Lottery Draws, Publication of results, Prize and Agents Prize distribution, Income tax, Revenue collection, Profit and Loss details, Unclaimed Prizes,. The Director of Small
    2 likes
  32. Dear Sunilji & Prasadji Thank you so much. I have filed RTI as per your suggestion. After that they started behaving well. I have already got my last month salary. They have replied by saying they processed my OM also. But have not yet received and therefore I filed an appeal. But I have to say. "The Power of RTI is great". They admitted I have no liability in RTI. They admitted they do not need No outstanding Liability certificate from me. Thank you so much. Rethi
    2 likes
  33. The first question is as to whether the Lottery is having such permissions/approvals/sanctions etc. Now that they have identified public authority, as the process has already started, wait for their response. Depending on their response you can go for first appeal if possible. It is still doubtful whether endowments/temples are Public authority or not. You ought to have asked whether the temple is having such permissions to conduct such lotteries and entire set of documents submitted by them temple authorities while seeking permission if any for conducting such lottery and
    2 likes
  34. You will need to file a first appeal: Grounds of first appeal: 1. I have not requested for a copy of complaint received against the airlines but I have asked for a copy of complaints made by the airlines with your public authority. 2. The PIO has misinterpreted the provision of section 7(9) of the RTI Act while stating as follows: Quote: information which would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question. Unquote. The correct interpretation and the decision of the
    2 likes
  35. Thanks for the info.... I will filling rti today itself And post the reply afterwards
    2 likes
  36. One of our members tried to expose a fraud in Syndicate Bank , Nellore , AP and sought guidance in the forum in several queries. Thereafter never visited the forum. It was learnt from today's news paper that finally he could establish fraud prima facie and CBI has commenced investigation. The member should have atleast posted success story though he may not acknowledge support.
    2 likes
  37. You can file online RTI on the following website: https://rtionline.maharashtra.gov.in/index-e.php In the Public Authorities list, select "Commissioner of Police, Mumbai" fill in the details and make the payment online
    2 likes
  38. Under the provisions of the RTI Act, a FAA does not have the power to impose a penalty on a PIO. The power to impose a penalty is available only to an Information Commission. Please refer to section 20 of the RTI Act.
    2 likes
  39. You can briefly narrate all your efforts and post the same in success story, so that other members can get inspiration from your efforts and perseverance.
    2 likes
  40. Make a complaint to State Information Commission, establish that temple as Public authority stating all such requisites and major contributions by Government. Get that appeal decision and study before once again going to IC.
    2 likes
  41. You have raised the same issue of stadium/gym several months back, and you have already raised the issue under RTI and was told that gym equipment is not ready and not in full fledged etc., If you want you can file another RTI seeking information as follows: Information solicited: 1.Please inform the projected date of functioning of .............after the work has been completed. 2.Please inform the pending construction and other works associated with the commencement. 3.Please inform specific reasons for delay on record. 4.Please provide the proposed action within a
    2 likes
  42. As repeatedly stated by experts/moderators in this forum, RTI is not a problem solving, or redressal of grievances process. One can get only information and it all depends on the applicant as to how he uses such information to get a logical end for the actual problem. These issues have to be resolved collectively by active group of persons by submitting petitions to elected representatives like councellors, MLA, MPs etc and then following up through media coverage . RTI should also be made to Government Hospitals for collecting data on mosquito bites, outpatients treated for malaria
    2 likes
  43. As a citizen you are entitled to seek any information you require from Public authorities. Please go through Shri JP Shah blogs and find the sample format of RTI Application to know status of complaint and make suitable alterations and file such application as per rules and regulations of RTI Applicable to that authority. Remember RTI is just a Road and not destination. A citizen can seek and get information which is available with public authority in the form of material record. There is no scope for questioning the quality of their action or reasons for inaction unless those are redu
    2 likes
  44. @ Shri Sunil Ahya : "3. You can file a RTI application directly addressed to their PIO, without waiting for the results of step 1 and 2 above, as follows (please note that for filing a RTI, name of a person is not required but only designation PIO is required):" Always write on the envelope only the HO name and do not write To, The Public Information Officer, If you write a public information officer, as there is no such designated officer, they may refuse to accept such application, which again should be sorted out through complaint to Telangana IC. Instead w
    2 likes
  45. The only yardstick and fundamental information required is as to whether such society cease to exist if Government funding is withdrawn. If it can not exist without such financial support it is within ambit of RTI Act. First file RTI Application, then if the SPIO denies that he is not public authority, with the above information as in first para, make a complaint before Telangana Informtion Commission.Commission. You can get their scale of pay and not total salary payable or bank account which are treated as personal information under Sec. 8 1 (J) There should be a logical endi
    2 likes
  46. Though it is not necessary to state the objective of seeking information, for that specific information that was qualified as in larger public interest, that larger public interest must be stated with more clarity. Seeking total minutes for two years (specific dates not mentioned in application) may not appear as justified. Grounds for Appeal: SPIO has not provided exact such sub section in Sec. 8 (1) and provided justification for applying that exemption, and quoted CIC decision without application of mind to deny information. SPIO is expected to quote section, sub section and justif
    2 likes
  47. 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.
    2 likes
  48. 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
    2 likes
  49. Section 11 is a procedural section which lays down the procedure for cases where an information pertains to a third party. However, information cannot be denied u/s. 11 of the RTI Act, because as per section 7(1) information can only be denied either u/s. 8 or 9 of the Act. Firstly the information that you have sought is not a third party information and secondly even if it were to be a third party information it could have been denied only section 8 and 9 of the Act. Please find section 7(1) quoted below:
    2 likes
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    • सड़क निर्माण में भ्रष्टाचार ना हो और पारदर्शिता के लिए आप चाहे तो निर्माण स्थल से #RTI के तहत निर्माण कार्य का सैंपल लेकर लैब में टेस्टिंग के लिए दे सकते है। http://rtiindia.org

       

      : https://righttoinformation.wiki/guide/applicant/application/sample/road-work
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    • Instances that involve disclosure of sensitive information, it may be rationale for the CPIO to ask for citizenship proof
      Information Commissioner Divya Prakash Sinha held that seeking citizenship proof in case of demand of sensitive information is justified but seeking a signed copy of the application does not seem appropriate as the online portal does not mandate uploading of signatures.
       
      Sinha was hearing the plea of an Odisha-based RTI applicant who had sought from the Army information regarding implementation of rules under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 in all defence establishments.
      The Army did not provide any information to the applicant, the CIC noted. Akhand approached the Commission with a complaint that the central public information officer (CPIO) of the Army has demanded a signed copy of his online RTI application as well as identity proof before providing him the records.
      “In this regard, it may be noted that as far as CPIO’s request for citizenship proof is concerned, the same is not questioned as Commission in its prior decision(s) has held the view that Armed Forces stand on a slightly different footing as there may be instances that involve disclosure of sensitive information, and for such reasons it may be rationale for the CPIO to ask for citizenship proof,” Sinha noted.
      Originally posted here!
       
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    • 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
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    • There can be no faith in government if our highest offices are excused from scrutiny - they should be setting the example of transparency.
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    • LUCKNOW: The Central government has provided categorized security cover to 308 persons, out of which 24 have been provided the highest Z-plus cover, according to the answer to an RTI query.


      As per information provided by S.C.L. Das, Joint Secretary in the Union Home Ministry to city-based activist Nutan Thakur, two dozen persons have been given Z-plus security, 59 persons have been given Z security, 109 have been given Y-plus, 34 have been given Y and 82 persons have been given X category security.

       
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