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Showing most liked content since 02/07/2021 in all areas

  1. There is no such prescription and clauses for seeking information under RTI. The denial can only be made as stated in Sec.8 (1) with justification. First seek such information as you wish, and then if the information is denied, you can go for first appeal stating such grounds. PIO provides the information as it is available in material form as a record. If there is a material record in both languages, that document must be provided if not exempted under Sec. 8 (1)
    2 likes
  2. The present scenario is that PIO should provide the information in the language it exists in material form in his records. If it is in English, it must be provided in English ony. If it is in some other language, they should provide that information in which language that exists. For example if it is in other language, he can not undertake to translate from that language into English. The only option is using "Google translate" to know the meaning after getting the certified copy of such record, as PIO may not be ready to provide the information. Applicant can ask anyt
    2 likes
  3. 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
  4. The contents posted is not a decision. CIC has not delivered a decision. The Whistle Blower's Act prevails as the complaint was filed under this Act and where safety and security of individual is involved. By making himself absent, appellant ought to have convinced IC on his submission of Sec.22. For me it appears most appropriate.
    1 like
  5. Members of the forum are not competent to express opinion on such tech glitch and experts in the forum always advised for seeking information through hard copy as far as possible enclosing postal order. You may try further as such failure might have been corrected subsequently.
    1 like
  6. Every citizen has a right to seek information from public authority under RTI Act. CPIO must provide that information that is actually available in the material form it is not exempted. If there is a system of recording the address of such sender in that public authority, they have to provide such information. There must be some inward register in specific for the registered posts, but it is uncertain whether they record full address or not. Seek such information first, and get back for further guidance if CPIO denies information. Depending on such exemption clause, you can g
    1 like
  7. Then it becomes illegal and you can issue a Legal notice claiming refund of that illegal charges, and on receiving such reply, go for complaint in District Consumer Forum against society for deficiency of services. Also make a complaint against President and Society to Registrar of societies.
    1 like
  8. Go for first Appeal enclosing self attested copy of such legal heir certificate.
    1 like
  9. Section 158(3)(a) of CGST ACT states that - (3)Nothing contained in this section shall apply to the disclosureof,––(a)any particulars in respect of any statement, return, accounts, documents, evidence,affidavit or deposition, for the purpose of any prosecution under the Indian Penal Code or the Prevention of Corruption Act, 1988, or any other law for the time being in force; The key phrase in the above mentioned section is - "or any other law for the time being in force". This phrase permits disclosure of information under RTI Act, 2005 which are not exempted u/s 8(1),9 of the said
    1 like
  10. Seek entire information as you wish, let PIO reply, then you can construct First appeal suitably. Seeking information is a right and one should provide that information as is available in material form. I have seen many such positive replies from PIO.
    1 like
  11. Prasad GLN garu, Thank you very much for the reply and guiding us.
    1 like
  12. 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
  13. As per Delhi High court Judgment which is still not challenged "Information of income amounts to invasion on privacy of Individual" and as per the judgment, the husband has to seek such details only through process of court only. Many such second appeals failed before Central Information Commission, and you can read all such decisions/judgments in the INCOME TAX DEPT. portal, RTI Segment. There is no chance of getting such information by husband including the details of separated wife (though divorce is pending). Contact your counsel in the case for other alternate remedy. But Rati
    1 like
  14. Most of such benefits are Provident fund, pension, encashment of leave, gratuity, where nomination must be submitted and should have been registered, as the emoluments are self acquired by father, and disclosing such amounts paid to even own family members may amount to invasion on privacy. For seeking information no such legal heir certificates are required. Simply having a legal heir certificate can not get exemption under Sec.8 (1) where nomination is registered. First file such RTI Application to CPIO, NGC and come back after receiving response from CPIO, for further guidance as
    1 like
  15. Also provide the following dates for further guidance. Your request was received on 18-11-2020 Date of CPIO demand for copying fees: Date of such service proof: Total time taken excluding postal transit from date of RTI Application receipt + Demand received = Days from date of receipt of Fees receipt and date of return of application: Total days. Also pray for confirmation that the CPIO has not maintained any set as record.
    1 like
  16. There is no specific period, unless the notice stipulates a period from 30 days to 90 days. In such cases, contractors/builders play delay tactics and approach court for injunction orders against implementation. Get a certified copy of such notices, and seek information from BMC B&F dept as follows: 1.Please provide me certified copies of notices issued to the unauthorized contractors. 2.Please inform the stipulated period if any for proceeding to demolition unauthorized construction after issuing notice, and in absence of response from them, with certified copy of such ru
    1 like
  17. First file a RTI application before the Public Information Officer (PIO) of the concerned Public Authority and wait for 30 days. If the PIO refuses to provide the information then you can come back to forum and post the PIO's reply so that the helpful members of this forum can guide you further.
    1 like
  18. A simple sentence in PRAYER is sufficient for the purpose. (Kindly condone the delay in filing first appeal as the appellant........................)
    1 like
  19. Unless you give chronological order of events etc, it is not proper to expect proper guidance. As far as RTI is concerned there was no section for denial stating that providing information impedes the investigation process unless there is justification as to how such providing of information impede the progress of investigation. There are more than 100+judgments stating that mere stating a section in Sec. 8 (1) is not sufficient, there should be justification for applying that section. The denial is not justified, approach to Information Commission under Sec.19 of RTI act after first a
    1 like
  20. Just mention that you are busy in your official commitments and the appeal missed your attention. That is more than enough. There may not be absolutely no objection for such condoning, heavens won't full if it is not condoned and in case of rejection file Fresh RTI Application and write as the delay in FA is not condoned this fresh RTI as the matter is still pending.
    1 like
  21. Congratulations. Always share the happiness with other members of the forum and to Admn who has brought all of us from different states to a common platform. Your success story is inspiring to all members.
    1 like
  22. There is no harm to you and many PIOs still frightens applicant, and get irritated on hearing about RTI and the second RTI Application creates panic in some. As Informed in several posts, the CVC-FAA correctly performs his obligations and generally never disappoints an appellant. The usual procedure is first to make a polite reminder to CPIO under Copy to FAA if there is non compliance of FAA order and then reminding FAA and finally making complaint with these two reminders and service proof. You have followed this procedure, but you should have avoided making serious comments on PIO
    1 like
  23. The mere mention of RTI Act or questioning on such quality triggers irritation among authorities. In India, we believe God , destiny etc., and those who are fortunate can find PIOs with good attitude.
    1 like
  24. It is not possible to sit on a carpet and count the strands. Like in a court, every one tries his luck to get information. Most of the information may help in personal problems and information on those of public interest matters denial is not real concern of the citizen. Those who are powerful, influential may use this as weapon on opponents, nothing else. The commission should think of the noble objective and the benefits to government with that information, rather than enjoying the benefits for their earlier favours to Government. You can count very few commissioners that have since
    1 like
  25. Max of 9 SIM connections per person is permitted. If those SIMs are issued based on Aadhar identity, then you may be able to get details of all SIMs issued to particular Aadhar holder. Other-wise it will be very difficult to identify such number of connections in a particular name from all service providers across the country. When you submit identity documents to Hotels or any other place, please write on it "submitted to ...... Hotel, Mumbai (Dadar) on 10/01/2016" across the document, so that it cannot be used for any other purpose.
    1 like
  26. Apply to SIM card to each service provider, and if there was already a card was issued you will come to know of the cards that were not received by you, you can stop those cards.
    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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