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Showing content with the highest reputation since 01/18/2020 in Posts

  1. 2 points
    When PIOs do not want to part with information, without application of mind, they will select all 8 (1) clauses one by one to deny information. Mere quoting of section and denying information is not lawful denial. They have to justify as to how such exemption clause applies to this specific information now being provided in the query.. Unless you provide the exact query, it is not possible to guide you on 8 (1) (d) you have to inform name of public authority also. Application of 11 as exemption is unknown. It is only formal letter written to third party seeking objections if any as courtesy and that is not binding on PIO and when larger public interest is involved there are never any exemptions. It is not clear as to whether they have referred your application to third party and also informed you of his objections if any. Subjudice is never a reason for denial. TO use such exemption, the court should order for not disclosing that information specifically and then only it can be rejected. I could find these smart tricks only of one Public sector oil company notorious in their RTI implementation Appellant should always stress larger public interest and transparency and acccountability, and PIO can not claim any exemption.
  2. 2 points
    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.
  3. 1 point
    Toll free number is a convenience provided by a service provider to citizens/consumers, and the inspection of such record is a tool to know the efficiency, transparency and accountability in functioning of a public authority. This is never a personal information. ANY information has to be solicited from BMC in prescribed application with an adhesive court fee stamp of Rs.10/- as RTI fee. But, it is very difficult to come to conclusion as to whether every call was attended and recorded in registers or not, and some authorities have now recording in high disc (like that of Emergency 100) and you can add another query seeking information on the procedure being followed for recording every call to know as to whether such call was attended and complaint was recorded or not for controlling purposes.
  4. 1 point
    Focus on remedy in your case and do not extend this hate campaign and do not get disturbed with those things that are in no way connected to you personally. Believe me, you will not get any of those details solicited by you that are relevant to your query from any public authority, and finally it should reach only CIC after several years. You are a regular member and well versed in RTI act and with it's limitations. Think practically and focus on your remedies and do not waste your time and money on poisonous thoughts that may not give any relief to you in your case.
  5. 1 point
    I suppose the PIO has provided you with all the required information. However, if you want a copy of the reply provided by the BDO to DC you can file a first appeal on the ground that the PIO of BDO's office ought to have provided a photocopy of the reply given by BDO's Office to the DC's Office. Prayers: 1. Kindly direct the PIO of BDO's Office to provide a copy of the reply provided by it to the DC.
  6. 1 point
    Please go through reply once again. Spouse is not considered as third party.???? By whom ? The said Decision is exclusively applicable to that case as she is a lady without support, and such information is essential to her for life as she has to survive only on such alimony and there is larger public interest in that issue. In this specific case husband wants information to evade/avoid alimony to wife. Facts in each case may differ.
  7. 1 point
    Grounds for Appeal: The utilization of public funds towards Corporate social responsibility by any stretch of imagination amounts to invasion on privacy of any individual and the information solicited more to know proper utilization (transparency and accountability). It appears that CPIO has no idea of what is personal information that is exempted under Sec. 8 (1) (j) and how using such section for exemption without justification in this case amounts to unlawful denial. CPIO has not applied his mind in denying information. Every citizen is having the right to know as to how public funds are being utilized towards social responsibility by the corporates which are in public sector. PRAYER: Please deliver speaking order as expeditiously as possible and direct CPIO to provide the information free of cost. CPIO may be deputed for proper training, as it appears that even after 15years after enactment of RTI act, he is not aware what is personal information that is exempted under RTI and what are the objectives of enactment of RTI Act.
  8. 1 point
    You can make an application to that Municipality/corporation and can seek copy of such work order/ contract agreement under RTI. Please search in the following link a sample RTI Application, add/delete queries suitable to your requirement and file application in format prescribed by the Municipality/Corporation with such prescribed RTI fees. https://www.righttoinformation.wiki/guide/applicant/application/sample/road-work
  9. 1 point
    YOU CAN SEEK INFORMATION ON THE BASIS OF AVAILABLE RECORD WITH YOU. At the same time seek same information from RTO of the original registration in haryana seeking information on reasons for delay.
  10. 1 point
    !.File simple RTI application seeking information on present status of application as follows; Information solicited; 1.Please inform time frame within which a vehicle has to be transferred (Interstate) as per citizen charter. 2. Please inform the present status for such request for transfer of vehicle (date of application;.....................name of owner..............vehicle make;...............................RC No:.............from.........................) 3.Please inform the reasons for inordinate delay in such transfer. After receiving full information through rtI FILE A CONSUMER COMPLAINT AGAINST RTO IN CON UMER FORUM SEEKING COMPENSATION OF RS.10,000/- FOR DEFICIENCY OF SERVICE AND HARASSMENT.
  11. 1 point
    Unless the ground for appeal and prayers are informed, one can not guide further. The decision must also have stated what should be done after such FAA adjudication. It is not clear as to the version of PIO. If PIO has submitted his version, appellant should also get copy of such version filed by PIO before CIC.. Wait for the response of FAA. But when FAA has already delivered his orders, once again remanding the second appeal to FAA is unknown. As known to all, when authorities do not wish to part with information, they attribute personal motives and wish to brand appellant as unsocial element and abuser of rti. Hence the final verdict in all such cases remedy is only through appeal to High court
  12. 1 point
    When some risk or inconvenience is suspected, it is always proper to avoid such hurdle in the beginning. Before seeking any information, it is always prudent to acquaint with elementary aspects of the act. RTI Act is the simplest Act and the relevant sections to citizen are less than 10 simple clauses which may not exceed one A4 size one side paper if printed. under sec.19 (3) appeal has to be preferred within 90days from receipt of FAA order. Though SIC can admit the second appeal even after reasonable delay, the reason should be convincing and ignorance of law is not convincing reason, and even if you file second appeal it takes minimum 2 years for you to get such hearing opportunity. Please prefer fresh RTI Application and avoid those denials if any in the past while seeking information under RTI Act while using second opportunity. Inform the reason for denial in first RTI and reasons for dismissal of FAA orders so that members can advise you in drafting fresh rti basing on past history.
  13. 1 point
    There is enough time for that. First get that information . After getting such certified copies then you can think of further remedies. Collect a certified copy of laid down norms for payment of copying fees for the state , and such direction from cpio to you to credit it to treasury and then issue a notice under CP Act demanding for compensating the expenses for harassment and for actuals in spending time and money for extra work which is in fact not needed.
  14. 1 point
    Let us not argue with idiots for simple issues. The challan has to be prepared by the dept., staff under proper head and they should account for it in their books and send the DD for credit of the respective account. Information is the priority, and talk to PIO and sort it out the issue on payment of such fees as per his choice. Once the information is received, if you have time and inclination with such money, go for further appeals and get a decision from SIC that such fees are payable to SPIO only and it is in turn his responsibility to properly account, and SPIO by pushing his responsibility on citizens is harassing them.
  15. 1 point
    There is no ambiguity in the query, it is true that Bank CPIOs (Who are legal officers) act smart and if they wish to avoid there are hundreds of ways and if they wish to provide information, they can easily understand one simple query. You can certainly get this information from SBI. Information solicited: 1.Please provide full details of amount spent towards CSR for the year 2018-19 in Tiruchi dt. Date ,,,,,,,,,,,Purpose............amount sent to(Dept) ............Amount.....procedure followed for proper utilization -1-------------------2------------------------3--------------------------------4__________________-------------5-------------------
  16. 1 point
    Go for First appeal stating that even if those original records were destroyed, there must have been attempts to restore atleast some records and seek such records. File another RTI to same CPIO and seek information as follows: Information solicited; 1)Please provide the data of records that were destroyed during floods 26-07-2005 and efforts made to restore such records and the outcome of such efforts as on day, with certified copies of those efforts.
  17. 1 point
    They must. They are spending Government funds and citizens have every right to see whether the spending is for larger public interest or for some personal causes in which such official is interested. The information solicited is more than sufficient. (write item wise specific amount spent and the beneficiary Purpose, amount, through which dept.,)
  18. 1 point
    You can file such RTI application and can seek entire information from bank on utilization of CSR funds in a year or in a particular district or in a particular corporation.
  19. 1 point
    In this case you are aware that the case was booked as private car without valid license is being used for public transport and the challan, clearly mentions the violation of such traffic rules. What you wish to get more out of this information. You can without any inhibition , reservation seek whatever information you require as you are aware of the facts. Always focus on remedy and only a competent advocate can guide you towards finding suitable remedy. RTI is just a road and not destination, and in this case you are aware of the correct route and straight road towards final remedy.
  20. 1 point
    Do not go by what an individual informs you, but file a RTI application to seek authentic information for yourself. You may phrase appropriate RTI queries for seeking information, for instance: Please provide a photocopy of the following documents wherein has been noted the following information: 1. All the material received by your Public Authority in kind (not cash) under the Corporate Social Responsibility (CSR) scheme of the Government. 2. Similarly .....
  21. 1 point
    Give a polite reminder stating that IC has directed PiO to provide information within a week, but there is no trace of response from PIO, and make a gentle reminder to provide the information as expeditiously possible and mark this as copy to SIC . It is more than enough. If he is local just request them over phone without writing a letter.
  22. 1 point
    Unless members read the PIO response, it is not possible to guide. You have to submit the appeal within 30 days of completing inspection, as early as possible. It is surprising as to how it is possible that you can not get any information in such an important task. There is something wrong somewhere. Please submit first appeal as expeditiously as possible and state Grounds for appeal clearly. If PIO provided information query wise, then prepare a three column table and explain the reasons as to why you are not satisfied with reply. _______________________________________________________________________________________ Information solicited............................Provided by PIO.......................................Reasons for first appeal. ______1____________________________2_________________________________3_______________ 1 2 3 4 to10 ___ Pray for personal hearing, and take permission for taking assistance during First appeal hearing in the appeal itself.
  23. 1 point
    The Sec.2 (f) definition for information includes "data material held in any electronic form' and as such CITIZEN is entitled to get that form through CD from the custodian, if that information is stored, preserved and under custody of that authority.
  24. 1 point
    I personally feel making separate applications to X Y Z police stations help you more in getting information. Never club several issues in one application, when the subject matter has to be collected and compiled from different places.
  25. 1 point
    Sir, Drafted an RTI for your kind perusal 1. Please provide information on false cases, false final reports and number of prosecutions under IPC 182 during the period Jan 1 2019 to Jan 10 2020 at the following police stations X,Y.Z Kindly advice on requisite corrections in the above mentioned RTI application
  26. 1 point
    Focus on what an appellant can do and forget these routine highhandedness of ICs. Because it is the first time, you might have felt bad, and this is usual and most of the ICs are biased. If you wanted real remedy, take the lead and file writ after receiving decision. Sitting or standing is not important, even some persons were are imprisoned on false charges for seeking information under RTI as public authorities are having such power. Getting information is the only priority, focus on that, ignore others as some persons are having attitude, power, arrogance issues and just pity them for lack of minimum decency towards a citizen that has taken up larger public interest sacrificing his time and money.
  27. 1 point
    I suggest that you will for 30 days from the date of receipt by the second PIO and then file a first appeal. Ignore certain legal imperfections i.e. 5(5) / 6(3) for the moment.
  28. 1 point
    If I remember well, subsequent to all this decisions, there was a decision of HC in which a Chartered Company, engaged in investigation of financial frauds, over a complaint against a Government Dept., was denied of that information, went to HC, and it is HC that interpreted the Act. As it is only of academic interest, and I am also more for citizen rights , I have not kept the reference of Judgment. A one timer, can just file simple RTI Application and can get the information. But a multinational company, using this RTI to charge fees to investigate the tenders and such process, using RTI to me appears not proper, as they are using this individual rights to earn profit. I do also remember a such decision by ICSA, wherein one informer, filed several RTI Applications sought such details of employees property details and income details, and the professor has passed strictures against use of this right for profit. This is not all as a reply to the query, and we simply ask individual applicants to file application to satisfy PIO, as our focus should be on getting information and not on trivial issues. Now as Moderator has raised several CIC decisions, I wanted to just share this information for the sake of awareness.
  29. 1 point
    I have attached a copy of the decisions on the subject matter of discussion, herewith this post. CICs have time and again, consistently taken a view point, that beneficial provisions of the RTI Act cannot be denied merely on technical grounds, on the basis of a restricted interpretation of a definition. But it would always be advisable to avoid applying in the name of an organization. The reason why the definition has been liberally interpreted is because the only out come of the restricted interpretation would be that the person would have to make a fresh application on technical grounds (thereby only resulting in delay rather than denial of information) and in the end the decision to disclose the information or otherwise would depend upon whether the information is exempt under any of the provisions of the RTI Act.
  30. 1 point
    To be simple always use a name at the place / blank of applicant without designation,: Ex; XYZ disclose such particulars in the column for full address: Secretary, ABC Society,....... Resubmit your application without further wasteful correspondence with PIO.
  31. 1 point
    If you have submitted the application under your name and signature, even if official stationery is used, the PIO cannot deny the information. If so, please file First appeal before the designated First Appellate Authority within 30 days. For detailed grounds for first appeal, please refer to : [h=4]WHO CAN DEMANDINFORMATION UNDER RTI ACT?[/h] However, if you have signed simply as Branch Manager, without your name, it is considered as an application by the BM. In that case, please file fresh RTI application under your name and signature.
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