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  1. Enclosed herewith this post the order of the Supreme court of India extending the limitation period for filing applications before any tribunal under any law for the time being in force, until further orders. This judgment can be used by RTI appellants for filing first appeals and second appeals before the First Appellate authority and the Information Commission, in case the RTI appellants have missed the deadline for filing appeals as stipulated under the provisions of RTI Act. Apex_court_-_Limitation_period_with_respect_to_all_judicial_and_quasi-judicial_proceedings_extended_until_f
    3 likes
  2. Enclosed herewith this post the observations made by Madras High Court with regard to disposal of Appeals and Complaints under RTI Act, 2005 during COVID. Madras High Court - Consider Taking Up RTI Cases On COVID-19 Issues For At Least 3-4 Hours Every Day - Tells Information Commission.pdf
    2 likes
  3. Enclosed herewith this post the direction given by SBI for performing KYC through Email and Post. Those users of RTI who are facing problem of suspension of their SBI account due to non-submission of KYC documents in person, can use the document enclosed in this post and by referring the same in their RTI application can get their KYC done through Email / Post. SBI Direction related to KYC through Email and by Post.pdf
    2 likes
  4. If a thread is opened on one issue EX: Time frame for second appeal, member should continue posting in the same thread for continuity. Opening fresh thread on continued queries on single issue brings confusion and wastage of space. Please avoid. Moderators have to take the trouble of clubbing all the posts relevant to one thread which is time consuming. ............... Presuming that the query was going for second appeal against non receipt/unsatisfactory orders of FAA, the Stipulation was as follows: Sec.19 (3) A second appeal against the decision under sub section (
    2 likes
  5. You may file a first appeal on the following ground: Grounds of First Appeal: 1. I had requested for the following information vide point no. 12 of the RTI application. The same is reproduced below: "Inform me the name, designation and current posting address of officers and subordinate staff who verified the parameters of the construction of the building specifically with respect to permissible FSI, Floor plan and structural strength of the existing building." The PIO has replied stating that the said request does not fall under the definition of information as given under
    2 likes
  6. In a given Public Authority, there may be several Public Information Officers & First Appellate Authorities, And therefore, a PIO, in his response to a RTI Application, should inform a RTI Applicant about the particulars of the correct & concerned First Appellate Authority. But in case a PIO does not do so, then a RTI Applicant should file a First Appeal, as follows: 1. Visit the Public Authority's website and try and look for the details of the concerned First Appellate Authority (FAA) under RTI link, especially in section 4 declaration. 2. If despite reasonabl
    1 like
  7. If any public authority is having online website it may be proper to file on line, but if a public authority is not having online admission of application, filing RTI Application through hard copy to custodian is the proper way. Now you have experienced the problems. File first appeal to the superior of PIO that has replied, as he must have provided FAA address with his rejection. If not there is another violation and failure of obligation as PIO is supposed to provide further appeal process. This becomes another ground for first appeal. Atleast, this time file first appeal direct
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  8. There is much confusion in the query. How UGC came into picture ? What prevents you from seeking information either from University or the college directly ? Inform the Name of Public authority who has asked you to go to University or State information Commission. Go for first appeal to the FAA of the CPIO bringing his attention to Sec. 6 (3) that if the CPIO is not custodian of information, it is his obligation to transfer the application to the actual custodian of information. Also make in grounds of appeal that CPIO is misleading applicants through giving wrong directions tha
    1 like
  9. You can send only Hard copy of second appeal to CIC and track status after one week of posting it, if you find that uploading the PDF file is a problem.
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  10. Supporting documents would be annexures such as RTI, PIO's Reply, First Appeal, Correspondence with the FAA, FAA's reply etc.
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  11. The flow of a RTI application goes like this: I - Flow A: Step 1) File a RTI application with the Public Information Officer - Section 6(1). After filing the RTI, if you have: > Not received a reply from PIO at all, OR > Received a reply from PIO but not satisfied with the PIO's reply/decision; Step 2) Then - File a first appeal with the First Appellant Authority - Section 19(1). After filing a first appeal, if you have still not received the requested information, that is: > Received a Decision from FAA but not satisfied with the FAA's reply/decisi
    1 like
  12. There are several posts in the past. Please search or find out from website of Information commission. 1.Yes. There is a format that can be searched as above. 2.Informing Appellant, PIO and FAA addresses with pin code., providing index of chronological event of Date of RTI, Response of PIO, Date of First Appeal and FAA orders, Giving the Grounds of appeal with clarity and praying for providing of information and other reliefs and finally confirming the truth in the appeal contents are essentials. 3.If the second appeal is as per format, there is no question of rejecting appeal. O
    1 like
  13. You will have to wait for 45 days from the date on which your first appeal was received by the First Appellate Authority's (FAA's) Office. If you do not receive an Order within that time you can file a second appeal. However if you receive an Order of the FAA and are not satisfied with it, then you can file a second appeal within 90 days of the date of receipt of such an Order. So right now you have to wait for FAA's Order until 45 days from the date on which your first appeal was received by the FAA's Office. The second appeal will have to filed with the Central Information Commissi
    1 like
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  15. You may write back to FAA requesting him to conduct the first appeal proceedings through video conferencing, by enclosing the Maharashtra Govt. Circular issued on the directions of Bombay High Court's decision in a Public Interest Litigation (PIL). However, please note that the said circular is applicable only Maharashtra Govt. Public Authorities and not to Central Govt. Public Authorities. But having said that, you can always try and humbly request on the basis of the said Circular. A copy the said Circular is attached herewith this post. Mah Govt Circular on Video Conferencing.p
    1 like
  16. Enclosed herewith this post an attached file containing the instructions given by the Department of Posts not to insist the identity of complainant while dispatching the complaint by speed / registered post. Department of Posts - Non Disclosure of the Identity of complainant under PIDPI.pdf
    1 like
  17. The mention of "Petition filed under Whistle Blower's Protection Act" on envelope is sufficient. It is applicable to those complainants who wish to protect themselves against such invasion on privacy or harassment by the authority against whom the complaint was made and to be more specific larger public interest complaints to Central Vigilance Commission.
    1 like
  18. Yes. Seeking a mere number is not invasion on privacy of individuals. The only possibility is you can get that information from Public Authorities and not from those running by voluntary agencies. Though private institutions are not within ambit of RTI Act, the presumption is that those agencies may also get covered if they are receiving some kind of financial institutions. So first identify the custodian of the information. There is larger public interest involved as the data may help Govt in formulating policies are opening more de -addiction centers.
    1 like
  19. Enclosed herewith the judgment of the Supreme Court of India, dismissing the applications filed by SBI and other private banks seeking the review / recall of the judgment of the Supreme Court in Reserve Bank of India v.Jayantilal N. Mistry - (2016) 3 SCC 525 - Emphasizing transparency in the functioning of RBI. Apex court - Dismisses Banks' Application To Recall Judgment Which Directed RBI To Disclose Loan Defaulters List, Inspection Reports Under RTI.pdf
    1 like
  20. There are no restrictions / bars for citizen in seeking information from public authorities under RTI Act. A citizen as a right can seek any information. It is the statutory obligation of PIO either to provide the information or deny stating such exemption with justification within 30 days under RTI Act. The applicant can go for first appeal against denial/unsatisfactory reply of PIO to his superior in the same public authority designated as First Appellate Authority, stating that the exemption applied is not justified. If not satisfied with FAA there is another option to go fo
    1 like
  21. Please refer to section 19(3) of the RTI Act, the same is reproduced below:
    1 like
  22. Honestly, I feel that an applicant should not teach PIO his statutory obligation. There is only one section applicable to PIOs that states all his obligations, provide information, or deny information or endorse/transfer application to custodian. After 16 years, the presumption is that PIOs are aware of this obligation.
    1 like
  23. The bankers are under statutory obligation to maintain secrecy of maintaining customer's Account. Except law enforcement government agencies, it is absolutely impossible to get such third party information from any bank either under RTI or through other way.
    1 like
  24. When occupation certificate is not being given by CMDA, there must be some other custodian of that information. First get confirmation on custodian of the information and then seek copy of such inspection /recommended reports for giving occupancy certificate from that public authority.
    1 like
  25. RTI is not a remedy. In important issues like land grab, immediate action is required. Contact a local advocate and explore such possibilities as expeditiously as possible. If you want fundamental knowledge search in google with key words "Dissolution of trust"
    1 like
  26. CIC decision was later overruled by Delhi HC. A simple sentence for condoning the delay is sufficient. This is just a formality . In the prayer just add one sentence. No need for using "Information as expeditiously as possible" "Free of cost". Applicant wants information ,the possibiity of getting it is highly improbable. If information is provided to day or tomorrow (investigation takes minimum 6 months). Pay Rs.2/- per page which is not too much. When you are delaying the first appeal, your prayer is for condoning and when CPIO makes a delay, you wanted free of cost !!! Be Fair
    1 like
  27. Let us admit that to get such information is very difficult . There are CIC decisions that a complainant is entitled to get information on such status. Now that you have commenced a process and unfortunately those facing such harassment of dowry cases are not getting justice and becoming victims of threats. Delhi High court judgment states that such information must be obtained through process of court. CIC decisions and other court judgments rule in favour of wives alone ruling that claiming maintenance is vital for living and larger public interest is involved. Your TEP was
    1 like
  28. GROUNDS OF FIRST APPEAL: 1. The PIO has declined information against point no. XX of the RTI application by merely quoting the exemption to information under section 8(1)(j) of the RTI Act, 2005 without giving meaningful justification for arriving at that reason for denial. This is against letter and spirit of RTI Act. Please find the following persuasive precedents wherein the concerned authorities have ruled that merely quoting the bare clause of the Act does not imply that the reasons have been given: DECISIONS OF THE CENTRAL INFORMATION COMMISSION (CIC) IN THIS REGARD:
    1 like
  29. PIO has misinterpreted the clause and the meaning is when a law mandates a disclosure, it should be disclosed. Under RTI Act, any citizen can seek such information that is not exempted under RTI Act. PIO must have stated such section and sub section under RTI with such exemption as per RTI Act and CGST Act section is not material to deny information. It is not clear as to who is seeking such information, and the relationship with the tax payer and whether PIO has sought comments from that organization if it is a personal information. If the applicant wants to overcome exemptions, it is
    1 like
  30. Also in the first appeal mention section 158(3)(h) of the CGST Act, which states that - (h) any particulars when such disclosure is occasioned by the lawful exercise by a public servant or any other statutory authority, of his or its powers under any law for the time being in force. The above mentioned section enables the PIO to provide information under RTI Act, 2005 which are other wise not exempted u/ss 8(1),9 of the said act.
    1 like
  31. File second appeal before State Information commission as per format. Brief Facts: Appellant sought information from SPIO vide his application dt................., there is no response for more than ...days from receipt of application. Self attested copy of Application with service proof enclosed Page 2 First appeal was filed against SPIO dt.......and FAA has failed to take any action to deliver his orders against deemed denial of information by SPIO for......days. Self attested copy of First appeal with service proof enclosed Page 3 Grounds of Appeal "Deemed Denial" of
    1 like
  32. The RTI application is to be addressed as follows: To, You can either visit the ward and submit it to its Dispatch Section and take an acknowledgment on the photocopy of your RTI application, or You can mail it by Speed Post, track its delivery on Indiapost website on internet and when it shows delivered take a print out of the track report and preserve it as a proof of delivery of your RTI application. In Maharashtra, the best way to pay RTI application fees is to paste a Rs. 10/- court fee stamp on the RTI application itself. You will get court fee stamp from any of t
    1 like
  33. dear friends. with the help and support of many of you,I could ensure a due pension to around 3200 ex Indian Naval sailors. Around 100 RTI applications,40 first appeals and 5 second appeals,during the period since 2012. I could dig out copies of orders of the GOI as old as 1976. Finally all these materials were used for our legal fight before the honorable supreme court. Even though,the SC had given a favorable judgment in 2016,the actual payment of pension has started only in 2019. The concerned authorities had diluted the SC orders in this regards, and not paid the due entitlements
    1 like
  34. SEC. 23 OF THE RTI ACT, 2005, EMPHATICALLY STATES – BAR OF JURISDICTION OF COURTS. THE COURTS STILL ENTERTAIN – WHAT COULD BE THE REASON.................. Index of Relevant Points: Part - I 1. The Constitution of India has a Basic Structure. 2. Parliament (Legislature) has the power to amend the Constitution. 3. But can the Parliament amend the Constitution to the extent of amending the Basic Structure of the Constitution itself. Part - II 4. Supreme Court’s position on the subject. 5. Case Laws by the Supreme Court. 6. Conclus
    1 like
  35. The common misconception that has taken root presently is that only entities and organizations which are substantially aided or funded by the Government are covered under the RTI Act. But the fact is that Private Entities are covered under the RTI Act irrespective of whether they are substantially aided or funded by the Government. 1) Private Entities are not covered under sec 2(a) of the Act: Sec 2(a) "appropriate Government" means in relation to a public authority which is established, constituted, owned, controlled or substantially financed by funds provided directly or indirect
    1 like
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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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