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  1. 8 points
    The High Court of Karnataka in one case has directed First Appeallate Authoirty to dispose the Appeal filed by the Appellant in spite of the representation by the applicant. Applicant , had approahed the High Court for direction in the nature of Mandamus to dispose the Appeal filed by the appellant. High Court allowed the same petition. judgement is attached to this post. WP82886-12-06-08-2012.pdf
  2. 7 points
    Several times - both on this forum and also offline, I have suggested that an appellant can file a first appeal for each and every response (or no response) of the PIO. This is because of the wordings of Sec 19(1). Many have disagreed. Attached is an order of the FAA of the CIC (Central Information Commission) stating that an appellant can file multiple first appeals. Also note that the FAA has hauled up the CPIO of the CIC: Full order is attached to this post. CIC FAA order More than one first appeal.pdf
  3. 6 points
    Enclosed in this post, a recent judgment of the Supreme Court of India, wherein in para.7 it held that information can be denied dehors Sections 8,9,11. Moreover, information in appropriate cases can be denied based on the third part of the preamble of the RTI Act, 2005, thereby making the third part of the preamble of the statute being justiciable. The Aforementioned observation of the Supreme court of India, is patently erroneous for the following reasons: (a) It is judicially settled that the preamble is not justiciable. (b) A 13 judge bench in Keshavananda Bharathi case held that even the preamble of the constitution, though it is a part of the constitution is not justiciable. The preamble of the constitution is neither a source of power nor the source of limitations. (c) Hence, when even the preamble of the constitution of India being held not justiciable by a 13 judge bench, the preamble of the statute, which is subordinate to the constitution, cannot be justiciable. (d) The two judge bench is bound by the settled position of law by the 13 judge bench with regard to the non-justiciability of the preamble of the constitution, which is superior to the statute. (e) Hence for the aforementioned reasons a review petition is to be filed to correct the grave error committed by the Supreme court of India, highlighting the aforementioned factors. Apex court - Disclosure of marks in civil service examination should not be disclosed mechanically.pdf
  4. 6 points
    Mr. Shahid Raza Burni of PUNE has filed FIRST RTI Petition in Pune Police Station on 12.10.2005.
  5. 6 points
    Interesting question indeed. I searched wiki and found that the first application was given to a Pune police station.
  6. 6 points
    SUPREME COURT OF INDIA SWATENTER KUMAR & MADAN B. LOKUR, JJ. Civil Appeal No. 9095 of 2012 (Arising out of SLP© No. 7529 of 2009), D/13.12.2013. Manohar s/o Manikrao Anchule Vs State of Maharashtra & Anr http://judis.nic.in/supremecourt/imgs1.aspx?filename=39849 (i) Natural justice- Hearing the parties, application of mind and recording of reasoned decision are the basic elements of natural justice. (Para 17) (ii) Natural justice- Right of hearing- Even if not provided under a specific statute, the principles of natural justice shall so demand, unless by specific law, it is excluded- It is more so when exercise of authority is likely to vest the person with consequences of civil nature. (Para 23) (iii) Directing disciplinary action is an order in the form of recommendation which has far reaching civil consequences- Compliance with principles of natural justice is a condition precedent for passing of a recommendation u/s 20(2) of the Act. (Paras 21 and 22) (iv) Grounds stated in the provision of S.20(2) of the Act are exhaustive and it is not for the Commission to add other grounds which are not specifically stated in the language of S.20(2) of the Act- Provision of S. 20(2) of the Act has to be construed and applied strictly- Its ambit cannot be permitted to be enlarged at the whims of the Commission. (Para 26) (v) ‘Negligence’ per se is not a ground on which proceedings u/s 20(2) of the Act can be invoked- The Commission must return a finding that such negligence, delay or default is persistent and without reasonable cause. (Para 28) (vi) Besides finding that any of the stated defaults have been committed by such officer, the Commission has to further record its opinion that such default in relation to receiving of an application or not furnishing the information within the specified time was committed persistently and without a reasonable cause. (Para 30) (vii) State Information Commissions exercise very wide and certainly quasi-judicial powers-In fact their functioning is akin to the judicial system rather than the executive decision making process. (Para 14) (viii) State Information Commissions- Principles of natural justice is mandatory for such Tribunal or bodies discharging such functions. (Para 15) Supreme Court of India on Section 20(2).pdf
  7. 6 points
    hai............ very good news ... i file case before consumer court in march against municipal council ,Punjab ...... and consumer court after contesting case ...decided on 30/5/2013 court Decide Case in my favour and penalise the PIO for not provide information within 30 days ..... opposite party contest case very strongly with new case law ...but court not relied upon latest jugments ie.padhulika and many more.....aginast my case... but court announce order in my favour.. JUGMENT OF CASE PREPARE WITH IN 2 -3 DAYS........AND THEN I POST THE COPY OF ORDER FOR DISCUSSION WITH SENIOR................THKS ... THIS SITE/FORUM FOR HELP ME 2 CONTEST THE CASE......AND CASE LAW'S REGARDS.........:):):):):):):):)
  8. 6 points
    Downloads: A new file has been added by karira: Once consent order passed no disagreement possible The Delhi HC has ruled that once the Information Commissioner passes and order and clearly states that the order is passed with the consent of the parties, then the applicant cannot seek relief from the Court. If the applicant did not agree to the "consent", then he should have immediately brought it to the notice of the IC. Full judgment is attached to this post.
  9. 6 points
    The Full Bench Orders of the CIC are as below : 56. The respondent’s counsel has tenaciously argued that the appellant’s request for information is not in public interest and that he is seeking this information for extraneous considerations. The question is whether information is disclosable under the RTI Act only in public interest and not otherwise. Suffice to say that RTI Act does not draw a distinction between demand for information in public interest and private interest. The Act provides for disclosure of information to the citizens of India subject to the provisions of section 8, 9, 10 & 11 of the RTI Act. In other words, appellant is not required to establish any larger public interest in his search for all classes of information. He is required to establish public interest only in particular clauses of section 8(1) of the RTI Act. In view of the above, we hold that appellant need not establish public interest while seeking information for all classes of information. CIC_AD_A_2012_000570_M_110032.pdf
  10. 6 points
    The Delhi High Court in Arvind Kejriwal vs. CPIO(W.P. © 6614/2008 & CM APPL No. 12685/2008) considered that once the information seeker is provided information relating to a third party, it is no longer in the private domain. Such information seeker can then disclose in turn such information to the whole World. {25. The logic of the Section 11(1) RTI Act is plain. Once the information seeker is provided information relating to a third party, it is no longer in the private domain. Such information seeker can then disclose in turn such information to the whole world.......} Even, the same was endorsed by Hon'ble SC in an Order Dated Apr 16 2013 (R K Jain Vs Union of India). Regards R K Mishra.
  11. 6 points
    Often it happens that the Public authority submits false information before the commission to escape penalty and the information commission, on the basis of such submitted records, pronounces the judgement, even without imposing the requisite penalty on the PIO. This clearly demoralizes the RTI appellant / complainant. Under this circumstance the following procedure when followed, will effectively counter the aforesaid illegal procedures and will act as a deterrent in future against such practices by the public authority. 1. After the decision is pronounced in the appeal (u/s 19(3)) / complaint (u/s 18) by the commission- (a) File an RTI to the commission to procure the certified copies of all the records submitted by the public authority before the said commission in the appeal no....../ complaint no........... (b) File an RTI to the public authority to procure the certified copies of all the records submitted by the public authority before the said commission in the appeal no....../ complaint no........... © The procedure mentioned in (a),(b) will help the RTI applicant to cross-check the authenticity of the information provided by the Public authority in the said appeal / complaint before the commission. (d) Based on the information received from the Public authority and the commission for the appeal no...../ complaint no....... and if you find that false / incorrect information was supplied, then a private complaint u/s 200 CrPC can be filed be filed before the magistrate under whose jurisdiction the public authority is covered, highlighting - - the fact that false information being submitted to the information commission and requesting the magistrate for investigation and other appropriate action against the public authority as per law (e) The facility of filing a private complaint u/s 200 CrPC before the magistrate is provided by the Supreme court judgment - IQBAL SINGH NARANG & ORS VS. VEERAN NARANG - CRIMINAL APPEAL NO.2225 OF 2011 (f) Summary of the judgement: The Commission/Tribunal is not a "COURT" hence application under section 340 of CrPC read with 195 of CrPC does not applicable becuse the procedure mentioned in section 340 and 195 of CrPC is applicable to the courts only.The Commission/Tribunal is not powered with to try the offences committed before it. (g) The judgment is attached to this post. Apex court - Private complaint is maintainable for false statements in quasi judicial proceeding.pdf
  12. 6 points
    We have filed a PIL vide CWP 20545 of 2009 before the Hon’ble Punjab & Haryana High Court on the Fee hike issue & other Commercial activities in the Private Schools. Now the Hon’ble Court has passed the orders which are attach herewith. Thanks & Regards Rohit Sabharwal (RTI Activist) President Anti Corruption & Crime Investigation Cell (Regd) CWP 20545 of 2009 82. No doubt, in the instant cases before us, as per the replies filed by the official respondents themselves, most of the schools are fulfilling the requirements of submitting the Annual Reports etc. At the same time, it is also a matter of record that there is hardly any examination of these records which are simply dumped by the schools with the Boards/Regulatory Authorities and keep lying there in their archives. Needless to mention that it is the duty of the official respondents to ensure that increase in the fees undertaken by a particular school is justified and necessitated by other circumstances like increase in expenditure or because of developmental activities needed and does not result into profiteering. It is also to be ensured that the funds are not diverted elsewhere. However, there is no mechanism for checking the same. In a situation like this, we are of the opinion that the States of Punjab and Haryana as well as Union Territory, Chandigarh should also provide for some permanent Regulatory Bodies/mechanism which would go into this aspect on regular basis. We accordingly give directions to the States of Punjab, Haryana as well as Union Territory, Chandigarh to examine the feasibility of establishing such a mechanism and take decision there upon within a period of six months from today. Till that is done and in order to sort out the issue as to whether the hike in fees by the schools is proper or not, we would like to follow the same path as done by the High Court of Delhi, namely, setting up a Committee with the task to go into the accounts of the Schools and find out the reasonableness of increase in fees by the schools. Accordingly, we appoint three committees, one each for the State of Punjab, State of Haryana and Union Territory, Chandigarh, with the following constitutional members:- FOR STATE OF PUNJAB:- i) Hon’ble Mr. Justice Ranjit Singh (Retd.): Chairperson ii) One Chartered Accountant to be nominated by the Chairperson of the Committee. iii) One Member from the field of Education preferably a retired teacher/officer of eminence to be nominated by the Director of Public School Education Board. FOR STATE OF HARYANA:- i) Hon’ble Mrs. Justice Kiran Anand Lall (Retd.): Chairperson ii) One Chartered Accountant to be nominated by the Chairperson of the Committee. iii) One Member from the field of Education preferably a retired teacher/officer of eminence to be nominated by the Director of Public School Education Board. FOR UNION TERRITORY CHANDIGARH:- i) Hon’ble Mr. Justice R.S.Mongia (Retd. Chief Justice): Chairperson ii) One Chartered Accountant to be nominated by the Chairperson of the Committee. iii) One Member from the field of Education preferably a retired teacher/officer of eminence to be nominated by the Director of Public School Education Board, U.T. Chandigarh. The fee of the Chairperson(s) shall be Rs. 25,000/- per sitting and that of the members Rs. 10,000/- each per sitting. The said fee shall be shared by the schools in the respective States. In addition to the aforesaid fee, the Committee(s) shall also be reimbursed the amount of clerical and other expenses. They shall also be provided suitable place/office for undertaking the task assigned. Since the schools are submitting the accounts with the Boards, these accounts and records can be given by the Boards to the Committees. In addition all the schools shall also render full cooperation to the Committee(s) by submitting the Account and other necessary information demanded by the Committee(s). The scope of the work undertaken by the Committee(s) shall be restricted to the academic year 2012-13. Likewise, for the academic year 2013-14, though the schools shall have the right to fix their fees structure, they will have to justify the same by producing necessary material before the Committee(s). The Committee(s) shall be entitled to specifically look into the aspects as to how much fees increase was required by each individual school on the examination of records and accounts etc. of these schools and taking into consideration the funds available etc. at the disposal of the schools. While doing this exercise, it shall keep in mind the principles laid down by the Supreme Court in Modern School case (supra) as well as Action Committee Unaided Pvt. Schools case (supra) and other decision noted by us in this judgment. Needless to mention in case it is found that the fees hiked by the schools was more than warranted, the direction can be given to those schools to refund the same to the students. Orders.pdf
  13. 6 points
    I am attaching CIC decision concerning supply of information which has originated from other public authority. I hope it would be useful to our members. OTHER PUB AUTH INFO 021112.pdf
  14. 5 points
    The High Court has struck down CIC order that file noting by one officer meant for the next officer with whom he may be in a hierarchical relationship, is in the nature of a fiduciary entrustment, it should not ordinarily be disclosed and surely not without any concurrence of the officer preparing that note. High Court ruled that "Any noting made in the official records of the Government/public authority is information belonging to the concerned Government/public authority. The question whether the information relates to a third party is to be determined by the nature of the information and not its source." The reasoning, that the notings or information generated by an employee during the course of his employment is his information and thus has to be treated as relating to a third party, was considered flawed. Court further stated that "Section 8 of the Act provides for exemption from disclosure of certain information and none of the provisions of Section 8 provides for a blanket exemption that entitles the respondent to withhold all notings on a file." CIC has earlier made the decision on the basis that when the file noting by one officer meant for the next officer with whom he may be in a hierarchical relationship, is in the nature of a fiduciary entrustment, it should not ordinarily be disclosed and surely not without any concurrence of the officer preparing that note. The file noting for a confidential and secret part would attract the provisions of Section 8(1)(e) as well as Section 11(1) of the RTI Act. The contention of the CIC was struck down and the court directed CIC to take the decision within 3 months. Earlier, however, Central Information Commission (CIC) in their Decision No. ICPB/A-1/CIC/2006 dt.31.01.2006, has held that “file notings are not, as a matter of law, exempt from disclosure”. Usefulness of the High Court Order The above decision is highly relevant for users who are filing RTI to know the Status of their earlier RTI. RTI Applicant can now use following questions in their RTI application Complete details of file notings made on the above said file number as on date. Separately the daily progress made in case of above said file till date i.e. when did it reach which officer/functionary, how long did it stay with that officer/functionary and what did that officer/functionary, do during that period on the said letter together with file noting and name and designation of each officer/functionary List of the officers with their designation to whom before the said file is placed. Also, provide me with the noting made by them on the said file.
  15. 5 points
    This forum and many others can be helpful for people, because one can create a question or a request and those, who know the answer, will help.
  16. 5 points
    I moved my card from Bangalore(KA51) to Ghaziabad and got the road tax refund. Here is the step by step process 1. Fille Form 28 ( Noc FORM) , 3 copies, attach all the photostat copies like car papers, insurance, pollution etc ans submit it in RTO. 2. They will immediately issues a form for police verification.( I got it within half and hour). 3. Go to Police Commisionor office and you find out the place where you have get the the clearance. Go after 11AM. They will verify and sign the form. I went around 10 AM but got it signed only around 12 PM. 4. Same Day I submitted it the form back to RTO and they asked me to come after 21 days. They will take your RC and issue a acknowledgement. 5. I went to RTO again after 21 days and got the NOC. ( two copies). make sure you get two copies. 6. Got my car registered in Ghaziabad after paying tax. ( Got it done thru some agent for RS 5000). 7. Send a written application to RTO Bangalore for road tax refund. Attach all the required necessary documents. 8. Follow up with them and got the cheque after a month. Import tips: Just apply for NOC only 20 days before you are planned to leave. Because in case you get the NOC early and get ur car reregistered after 15-20 days, they will apply some penalty. In my case Applied for NOC : 28 Aug 2012 Got NOC: 21 Sep ( However date on NOC is 3 Sep) Applied in Ghaziabad: 5 NOV They took 8000 as penalty apart from road tax. For My Ritz car which i purchased in 2011 and i got a refund of Rs 50000
  17. 5 points
    Online Filing of RTI Application extended to 37 Ministries – DOPT has plans to extend online filing of RTI applications to all Ministries in Mid August 2013 No.1/1/2013-112 Government of India Ministry of Personnel, Public Grievances & Pensions Department of Personnel & Training North Block, New Delhi Dated: 30/07/2013 OFFICE MEMORANDUM Subject: Extension of RTI web portal for online filing of RTI application. In continuation of this Department’s O.M. of even number dated 22/04/2013, it is intimated that the facility of RTI online web portal has been extended to 37 Ministries/Departments of Government of India, so far (list enclosed). It is planned to extend this facility to all the remaining Ministries/Departments of Government of India by mid August, 2013. This facility is presently not proposed to be extended for field offices/ attached/ subordinate offices. 2. It is again requested that training to all the CPIOs and First Appellate Authorities (FAAs) may be provided by the concemed Ministry/Department, through the officials trained by DoPT/NIC. If required, further training can be provided by DoPT/NIC, on the request of the concerned Ministry/Department. User name/password to all the CPIOs and FAAs are to be provided by RTI Nodal Officers of the concerned Ministry/Department. It is imperative that the RTI Nodal Officers update the details of CPIOs/FAAs in the system and issue user name and password to them at the earliest. 3. The contents of this OM may be brought to the notice of all concerned. sd/- (Sandeep Jain) Director LIST OF MINISTRIES/DEPARTMENTS TO WHOM RTI ONLINE WEB PORTAL FACILITY HAS BEEN EXTENDED 1. DEPARTMENT OF AGRICULTURE RESEARCH & EDUCATION 2. DEPARTMENT OF AGRICULTURE & COOPERATION 3. DEPARTMENT OF ANIMAL HUSBABNDRY, DAIRYING & FISHERIES 4. DEPARTMENT OF AYUSH 5. DEPARTMENT OF CHEMICALS & PETROCHEMICALS 6. DEPARTMENT OF COMMERCE 7. DEPARTMENT OF CONSUMER AFFAIRS 8. DEPARTMENT OF DISINVESTMENT 9. DEPARTMENT OF FOOD & PUBLIC DISTRIBUTION 10.DEPARTMENT OF INDUSTRIAL POLICY & PROMOTION 11.DEPARTMENT OF PERSONNEL & TRAINING 12.DEPARTMENT OF PUBLIC ENTERPRISES 13.MINISTRY OF CULTURE 14.MINISTRY OF EXTERNAL AFFAIRS 15.MINISTRY OF FOOD PROCESSING INDUSTRIES 16.MINISTRY OF HEALTH & FAMILY WELFARE 17.MINISTRY OF HOME AFFAIRS 18.MINISTRY OF INFORMATION & BROADCASTING 19.MINISTRY OF PANCHAYATI RAJ 20. MINISTRY OF POWER 21.MINISTRY OF ROAD TRNSPORT & HIGHWAYS 22.MINISTRY OF STEEL 23. PRESICENT SECRETARIAT 24.VICE-PRESIDENT SECRETARIAT 25. MINISTRY OF WATER RESOURCES 26. UNION PUBLIC SERVICE COMMISSION 27. DEPARTMENT OF ECONOMIC AFFAIRS 28. DEPARTMENT OF REVENUE 29.DEPARTMENT OF YOUTH AFFAIRS 30. MINISTRY OF ENVIRONMENT & FORESTS 31. DEPARTMENT OF HEAVY INDUSTRY 32. MINISTRY OF TOURISM 33. MINISTRY OF SOCIAL JUSTICE & EMPOWERMENT 34. MINISTRY OF SHIPPING 35.MINISTRY OF CORPORATE AFFAIRS 36. PLANNING COMMISSION 37. DEPARTMENT OF ADMINISTRATIVE REFORMS & PG Download DOPT Office Memorandum No.1/1/2013-112 dated 30.07.2013
  18. 5 points
    Downloads: A new file has been added by karira: Marks Qualifications and experience of successful The Uttarkhand High Court has ruled that Marks, Qualifications and Experience of successful candidates cannot be denied under Sec 8(1)(j). They have to be disclosed. Full judgment is attached to this post.
  19. 5 points
    Maharashtra RTI Rules draw a clear distinction between: > Payment of initial fee, which is to be accompanied while making a RTI Application under section 6(1), (here, Court fee stamp is one of the acceptable mode of payment), and, > Payment of any further fees u/s. 7(1) & 7(5), towards the cost of providing information (here, Court fee stamp is not an acceptable mode of payment). But, as per the GAD circular, an Indian Postal Order is an acceptable mode of payment for both the purposes i.e. payment of initial fee which is to be accompanied along with a RTI Application u/s. 6(1), as well as, payment of any further fees u/s. 7(1) & 7(5), towards the cost of providing the requested information.
  20. 5 points
    Downloads: A new file has been added by karira: Untraceability of record cannot result in compensa The Delhi High Court has ruled that untraceability of a record/file cannot always lead to awarding of compensation under Sec 19(8). This provision, to my mind, should be invoked only where the record, despite being available, is not provided to the applicant and as a result thereof he suffers some loss for which he needs to be compensated. A bona fide inability to trace the old records cannot warrant levy of compensation.
  21. 5 points
    18-07-2013 was the day of argument on the application for impleadment filled by the DoPT. I and Mr. P.C. Bali from Amritsar was present at NCDRC on 18-7-2013 for this arguments. Councel for DoPT aurged for his impleadment as the order of NCDRC will effect to all PA & PIO through out India. I objected for the same and aurged accordingly. Justice K.S. Chaudhary said to DoPT - I am not impleading you in this RP, but you may present in final arguments and if you have to say something, you may put your version. Finally Court has reserved todays order and has not given us next date for final arguments. I am trying to get status of our case at CONFONET, so that I can see the wording of order dated 18-7-2013. Anybody can check the case status by typing RP/3146/2012 and may update this thread.
  22. 5 points
    Attached is a judgment of the Supreme Court related to concurrent remedies available under 2 Acts....in this case, the CPA and the Electricity Act. It is dated 01 July 2013 Members need to study the Electricity Act in detail as well as the reasons in this judgment. One way out seems to be (as stated several times earlier in this forum) that: 1. Under CPA, do not pray for "disclosure of information". Only pray for compensation for "defficiency of service". 2. Under RTI, only pray for "information" and not any compensation for defficiency of service. 3. If you pray for "compensation" under RTI, it should only be for "detriment suffered due to delay in provision of information". Concurrent remedies available under CPA vs Electricity Act SC 01 Jul 2013.pdf
  23. 5 points
    In a land mark judgment, the Hon’ble CIC in undersigned second appeal numberCIC/VS/A/2012/000291, has ordered that all branches & offices of Corporation Bank to put up signage/sign boards informing the details about PIOs/FAAs and other relevant details about the RTI Act 2005 as was decided by Hon’ble Commission in case number No.CIC/SG/C/2010/001324/10035 dated 04.11.2010. The link of the order is given below; http://www.rti.india.gov.in/cic_decisions/CIC_VS_A_2012_000291_03150_M_109726.pdf
  24. 5 points
    > As suggested earlier, please refer to the provision of section 7(1) of the RTI Act, which lays down that "either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons specified in sections 8 and 9:" That you have filed more than one RTI Applications is not listed as a ground for declining a request for information under the section 8 & 9 of the RTI Act, and as such a PIO cannot reject your request for information on that ground. You need to file a first appeal u/s. 19(1) on that basis / ground. (although ideally one should be as brief & precise as possible) > As far as going in for an inspection of information is concerned, you can file a first appeal with following as your ground of first appeal: Grounds for Appeal: I would also hereby like to submit the following grounds for this first appeal: 1) As per the provision of the Right to Information Act, 2005, requested information cannot be denied on the ground that it is voluminous in nature, and thereby, citing administrative difficulties in providing the same. Please find quoted below, an extract from judgment dated 07-01-2010 of Honorable High Court of Judicature at Madras in W.P.NO.20372 of 2009 and M.P.NO.1 OF 2009: (The above cited judgment is available at http://judis.nic.in/chennai/qrydisp.asp?tfnm=22544) Quote – “13. The other objections that they are maintaining a large number of documents in respect of 45 departments and they are short of human resources cannot be raised to whittle down the citizens' right to seek information. It is for them to write to the Government to provide for additional staff depending upon the volume of requests that may be forthcoming pursuant to the RTI Act. It is purely an internal matter between the petitioner archives and the State Government. The right to information having been guaranteed by the law of Parliament, the administrative difficulties in providing information cannot be raised. Such pleas will defeat the very right of citizens to have access to information. Hence the objections raised by the petitioner cannot be countenanced by this court. The writ petition lacks in merit.” – Unquote. Moreover, please also note, that it is a prerogative of a citizen to invoke his right to inspect the records of Public Authority as defined under section 2(j)(i) of the RTI Act, And as such, the same [section 2(j)(i)] cannot be invoked by a Public Information Officer while disposing off a request for information under section 7(1), Thereby, construing the provision of section 2(j)(i) as a pre-condition to providing the information requested under section 6(1) of the RTI Act.
  25. 5 points
    Downloads: A new file has been added by ambrish.p: Appellate Authority under RTI Act can issue Appellate authority under RTI Act can issue direction to such public authority to take any of those steps as are suitable to coerce the persons having information to abide by directions issued under the RTI Act In paragraph 44, this Full Bench of Delhi High Court, from the preamble of the RTI Act, also notes that it is passed because 'democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and hold Governments and their instrumentalities accountable to the governed'. It restricts the right to information to citizens vide Section 3. Citizen seeking information need not give any reasons for such information need not give any reasons for such demand & there is no requirement of scrutiny into his locus standi. I find that when the procedure to exercise the right to information is statutorily prescribed & its breach is to be redressed exclusively by the “forums” created thereunder, the “execution” of such adjudicated entitlement against unwilling establishment by invoking all available legal avenues is the deliberate measure & an integral part of the scheme of RTI Act Appellate authority under RTI Act can issue direction to such public authority.pdf
  26. 5 points
    File No.CIC/DS/A/2012/000033/RM 4. AA vide order dt 28.9.11, directed CPIO to only provide details mentioned in the PAN card without providing any other information. 5. Submissions made by the appellant and public authority were heard. CPIO submitted that in pursuance of the AA’s order vide letter dt 30.9.11 the appellant was informed the name of the PAN card holder, father’s name, date of birth and PAN card number. DECISION 6. The Commission concurs with the decision of the CPIO and the appeal is disposed of. http://www.rti.india.gov.in/cic_decisions/CIC_DS_A_2012_000033_M_105317.pdf PAN CARD DETAILS.pdf
  27. 5 points
    Downloads: A new file has been added by karira: Compensation if no info due to missing docs The Jharkhand HC has ruled that the SICs order ordering compensation to an RTI applicant because no info was supplied since documents were "missing", is correct and well reasoned.
  28. 5 points
    The respective judgement of Karnataka High Court in Writ Petition and Writ Appeal is attached herewith. HCK WA Judgement.pdf HCK WP Judgement.pdf
  29. 5 points
    Downloads: A new file has been added by karira: Unreasoned order of CIc remanded back by HC Another old order of the Punjab & Haryana HC where it has remanded the matter back to the CIC since the order it passed was totally unreasoned. Having gone through the decision taken by respondent No.1, as extracted above, I find that there is no discussion on the issue. No reasons as to under what circumstances a particular information has been directed to be supplied and the other denied, has not been assigned. The order (Annexure P-8) is not a reasoned order. The impugned order directs the petitioner to supply information in relation to domestic consumers, however, while allowing protection to the petitioner under the provisions of Section 8(1)(d) of the Act, it has been held that information in relation to commercial consumers is not required to be given. The order, however, does not give out reasons for making a distinction between the two set of consumers. The supply of connections for domestic purposes and commercial purposes are part and parcel of the same business.
  30. 5 points
    His FB posting after d appearance> "Many friends had been concerned about my Delhi High Court proceedings and given me a lot of advice. I received many email messages, telephones and sms before and after and after appearing in Court on 10 January, 2013. I want to share the events in Court. Prashant Bhushan had also been gracious enough to come to the court to represent me along with Colin Gonsalves. The judge asked me to come forward and join the lawyers. He told me that I should understand the way Courts work and their norms. He said that when addressing the Court a certain sobriety should be maintained and I should show respect to the institution of the Court. I stated that I had felt the Court’s actions would stymie the functioning of Information Commissions and the RTI Act. I reiterated that I believed I was raising certain issues of importance to the Nation and had stated nothing which could be considered as scandalizing a court. The judge then addressed Colin and Prashant saying they should display a better understanding of the difficulties which the Courts face like shortage of judges. He also said that the judges work very hard and people do not understand the difficulties and problems faced by the judiciary. Prashant and Colin said they appreciated the Courts difficulties and I had in no way committed any act of contempt. Prashant gave an explanation of the fact that I had expressed my anguish at the large number of matters where stays were being given by the High Courts. He further pointed out that the Court was not following provisions of Article 226 (3) of the Constitution. Since a large number of matters were being given ex-parte stays this constitutional amendment was brought by Shri Shanti Bhushan to ensure that on a plea by the party which was not present, the Court would have to decide the matter in 15 days. The judge again referred to the limitations of the Courts and the constraints in which they function. This shows that even Constitutional amendments are buried and we keep talking of new laws! Ultimately the petitioner said he is wanted to withdraw the petition and Colin and Prashant both advised me to agree. I agreed and the petition is now closed. This has left me with more questions which are now added to the earlier ones. This entire journey in the Courts was a useless exercise. The petitioner did not want the enquiry to be held, and he succeeded by fling a false affidavit. I decided not to point out the obvious flaw in the High Court naming me as a respondent personally, so that I could raise certain larger issues. Incidentally, Delhi High Court refuses to treat the Commission as a party when hearing any of the writs against the Commissions orders. How I acting as an Information Commissioner could be personally named as a respondent for an act done as a Commissioner in discharge of my duties is a mystery. However,-Don Quixote-like,- I thought I would try and correct the system. At the end nothing was achieved, because everyone explained to me how a Court can make me come to Delhi dozens of times, without even touching on any of the core issues. The Indian judicial system can wear you down by its slow and grinding process, and that is a danger bigger than the contempt power."
  31. 5 points
    The decision of the apex court is attached to this post. Apex court on Section 8(1)g.pdf
  32. 4 points
    Narendra Modi, the Prime Minister of India and Lok Sabha MP from Varanasi, has not spent a single rupee from his MPLADS funds in all the four villages adopted under Sansad Adarsh Gram Yojana (SAGY). The fact came in a response to an application filed under Right to Information (RTI), the response to which was sent on June 30, 2018. The response addressed to applicant Anuj Verma from Kannauj district of Uttar Pradesh, stated that no development works conducted in the four villages adopted by Narendra Modi have been budgeted from the funds allocated under Members of Parliament Local Area Development Scheme (MPLADS). The Saansad Adarsh Gram Yojana website is here. He first adopted Jayapur on November 7, 2014, then Nagepur on February 16, 2016, Kakarahiya on October 23, 2017, and lastly Domri on April 6, 2018. All of the works in four villages have been done by the private authorities, government banks, state-level institutions, and some central government bodies, locals informed TwoCircles.net. For instance, a Gujarat-based firm has constructed all the bio-toilets in Jayapur, and Vedanta group has constructed one Anganbadi Centre in Nagepur village. The solar street lights have been installed by various public banks. The MPLADS fund, worth Rs 5 Crore per year, can be utilised anywhere in the constituency of an elected MP. But the opposition voices in Varanasi are accusing Modi of not setting an example before other MPs by not spending his own fund for development.
  33. 4 points
    Your Fundamental Right to see the Government Records in a time-bound manner by paying 10 rupees.

    © rtiindia.org

  34. 4 points

    Version 1.0.0

    137 downloads

    Just wanna to share some past interesting RTIs . Will continue to share new ones soon....
  35. 4 points
    Downloads: A new file has been added by karira: Unreasoned order of Info Commission set aside Many members of this portal have been dissatisfied with orders of Info Commissions which are totally unreasoned and sometimes the operative part is only one single sentence. In a landmark order, the Punjab & Haryana HC has ruled that such unreasoned or single line orders cannot be upheld by the HC. It remanded the matter back to the CIC (Central Information Commission) to rehear the matter within the four boundaries of the RTI Act: 9. In the impugned order dated 12.1.2011, the only relevant reasoning recorded is to the following effect: "We fully agree with the contention of the respondents that, if disclosed, these notings could impede the prosecution of the accused persons." 10. The scope of the adjudicatory functions of the Authorities under the Act including the Central Information Commission came up for consideration before the Hon'ble Supreme Court in a recent judgment titled as Namit Sharma v. Union of India, 2012 (4) RCR (Civil) 903. It was clearly held that at the stage of second appeal i.e. the Information Commission (Central/State) performs adjudicatory functions which are specifically oriented and akin to a judicial determinative process. It was further held that the application of mind and passing of reasoned orders are inbuilt into the scheme of the Act. 11. This Court is of the considered view that the impugned order dated 12.1.2011, Annexure P7, passed by the Central Information Commissioner is not a reasoned order and the specific issue of determination as to whether the information sought by the petitioner fell under any of the exemptions under Section 8 of the Act has not even been examined. 12. For the reasons recorded above, the order dated 12.1.2011 passed by the Central Information Commission, Annexure P7, is set aside. The matter is remanded back to the Central Information Commission, New Delhi for passing of orders CIVIL WRIT PETITION NO.3879 OF 2011 6 afresh after affording opportunity of hearing to the parties concerned and by limiting the scope of adjudication of the second appeal preferred by the petitioner strictly within the jurisdiction conferred by the provisions of the Act. It would be appreciated if such fresh decision is taken expeditiously and, in any case, within a period of six months from the date of conveying of a certified copy of this order.
  36. 4 points
    Very good information given by Mr. Vidyaranya, personally I also appreciate Dr. S.P.T. Rao for his great efforts for filling a WRIT in Karnataka High Court and secondly to give due advice to Mr. T. Pundalika for SC move. Very different judgements are coming across the country. In a recent case Rajasthan High Court at Jaipur has accept a WRIT from PIO of Rajasthan Public Service Commission against the order of DCDRF Ajmer in which PIO was ordered to provide info with cost due to his deficiency in service. Copy enclosed. Before this in one case Rajasthan HC refused to entertain WRIT against order of DCDRF Ajmer in PIO Improvement Trust Case, finally PIO had to approach State Consumer Commission Jaipur who also refused his appeal with cost of Rs. 25000/- for misusing of public fund for approaching High Court Chandigarh HC also remand back one case ( CIC Punjab Vs SK Mishra) to District Forum with advice to file appeal with appropriate appellate authority. Not only above, Hon'ble Chennai HC, Rajasthan HC and Karnataka HC have refused to entertain WRIT stating - when a remedy of appeal provided in CPA 1986, High Court can not entertain writ jurisdiction under article 226 /227. Hon'ble Supreme Court has also ruled that HC have no jurisdiction over Consumer Commission u/a 226/227 and send copy of his order to all the Chief justice of High Courts. Copies of orders are enclosed for the reference of Hon'ble member of this forum. In view of above it is clear that it is now become necessary to place this matter before Hon'ble Supreme Court to end of this Jurisdiction war RTI VS CPA. HC Rajaasthan - Stay on order of DCDRF Ajmer on RTI Defeciency..pdf SC - 6-8-2012_High Courts have No Jurisdiction over Consumer Commission.pdf HC Chennai - 12-6-2012_CPA 1986 is an Additional Remedy.pdf HC Chennai - WRIT Petition can not be entertain if remedy of Appeal is available_20-2-2013.doc Karnataka HC reject WP against Consumer Commission.pdf HC Order 7-12-2011 in SK Mishra vs PIO PSIC consumer case .pdf HC Rajasthan - High Court have no jurisdition over Consumer Forums_21-1-2013.pdf
  37. 4 points
    18-7-2013 was the hearing day of my RP/3146/2012 at NCDRC. I and Mr. Bali was present and aurged accordingly. Judgement was reserved. Now CONFONET has been updated and order announced on 1-8-2013 that :- 4. Heard the petitioner in person and Counsel for the respondent and Union of India. 5. Learned Counsel for the Union of India submitted that a party can be impleaded at any stage of the proceedings and outcome of these proceedings will have bearing on all public authorities; hence, Union of India may be impleaded as a party. On the other hand, petitioner submitted that Union of India is neither necessary nor proper party; hence, application for impleadment may be dismissed. 5. It is admitted case that Union of India was not a party before District Forum and State Commission. District Forum has already dismissed complaint and State Commission has upheld order. During the pendency of the revision petition, the Union of India had filed application for impleadment as a party. Learned Counsel for the Union of India has placed reliance on (2010) 7 SCC 417 Mumbai International Airport Private Limited Vs. Regency Convention Centre and Hotels Private Limited and others in which it was held that at any stage of the proceedings Court can add or delete any party under Order 1 Rule 10 CPC. We agree to the proposition of law laid down by Honle Apex Court, but we do not find any ground for impleading Union of India as a party in these proceedings merely because outcome of these proceedings may have a bearing on all public authorities under Right to Information Act. Petitioner has alleged deficiency only against Public Information Officer and Chief Information Commissioner, Punjab and has not claimed any relief against Union of India. In such circumstances, Union of India cannot be impleaded as a party in this revision petition, but at the same time, as outcome of this litigation may have impact on other public authorities, it would be appropriate to allow Counsel of Union of India to address this Commission at the time of final arguments. 6. Consequently, I.A. No. 206 of 2013 filed by the Union of India is dismissed with permission to address Bench at the time of final arguments. Now case is adjourned for final admission hearing on 04-10-2013. Copy of full order dated 1-8-2013 of NCDRC is enclosed for the ref. of Hon'ble member of this forum. NCDRC's Daily Orders dt. 1-8-2013 for RP-3146 of 2012.pdf
  38. 4 points
    Even in case of information commissions, we are not 100% sure if we will get information or comPensation [it is rare] . Hence we must try all the avenues possible till there are few decisions under CPA in our favour at District Forum level or State Level. Let it fail at NCDRC. All PIOs do not go upto NCDRC. This will evolve as the time passes and may settle once for all at SC level. Similar is the case of human rights violation in not supplying information under RTI. We failed in two cases at NHRC, but Maharashtra HRC has treated this as violation at Maharashtra State Human Rights Commission under citizens. Some other SHRCs [bihar etc] have also ruled in favour of RTI applicants. Hence, I humbly believe that both the above avenues should be explored in addition to RTI. It all depends upon how matter is pleaded before the forum. In Gujarat also such complaint was admitted in district consumer forum, after due pleading. In one case, just a notice under CPA to head of public authority and PIO resulted in supply of information. I firmly feel that even after exhausting second appeal remedy [non compliance or defective compliance of IC orders], applicant can move consumer forum for deficiency in service and demand compensation under CPA. CPA is more stricter in getting its orders implemented and there is provision of jail also.
  39. 4 points
    It so appears the Judgement of Hon'ble MADRAS HIGH COURT DATED: 28/01/2011 in W.P.(MD)No.8084 of 2010 and M.P.(MD)No.2 of 2010 in matter of The Managing Director, Aranthangai Chemicals (P) Ltd.,Vs T.R.Ravi & ors. itself is per incuriam . With utmost respect to HC - HC had no jurisdiction to entertain the WP filed against a complaint before DCDRF . The remedy was before SCDRC ---> NCDRC----->Hon'ble SC .
  40. 4 points
    Decision dt. 08.07.2013 of the CIC in File No. CIC/SM/C/2012/000925 [Appellant: Sh. Siddharth Murarka; PA: CPIO, Supreme Court of India] is available at- http://www.rti.india.gov.in/cic_decisions/CIC_SM_C_2012_000925_M_113862.pdf
  41. 4 points
    Downloads: A new file has been added by karira: Asking for 1991 info in 2010 is misuse of RTI The Gujarat HC has ruled that a person asking for info about a meeting held in 1991 in 2010 is misusing the RTI Act. Full judgment is attached to this post.
  42. 4 points
    The CIC has refused to believe the claim of a PIO that he never received the RTI application and hence there was delay in providing the information. The PIO even claimed that he never received the order of the FAA wherein the copy of the application was enclosed. CIC directed recommendation of disciplinary proceedings and compensation of Rs 10,000 to the applicant. 4. We do not accept the explanation offered. It is a clear afterthought. It is most unlikely that neither the RTI application nor the order of the Appellate Authority forwarding therewith a copy of that application reached the Chandigarh office. The officer concerned is trying to use a clever ploy to avoid the imposition of any penalty by disowning the receipt of the RTI application itself in any manner. It may not be surprising that the communication received from the Appellate Authority might have been deliberately misplaced or destroyed to remove any trace of it. This is reprehensible and goes completely against the spirit of the Right to Information (RTI) Act. In exercise of the powers vested in the CIC in subsection 2 of section 20 of the Right to Information (RTI) Act, we direct the Chairman of the SSC to institute disciplinary action against the CPIO concerned in the Chandigarh office of the SSC for his wilful acts of commission and omission in this case. 5. Needless to say, the Appellant was deprived of the information for a very long period of time because of complete inaction on the part of the CPIO both in the headquarters of the SSC as also in the Chandigarh office. The detriment and harassment caused to him in the process needs to be compensated. Therefore, in exercise of the powers vested in the CIC in section 19(8) (b) of the Right to Information (RTI) Act, we direct the SSC to compensate the Appellant by an amount of Rs. 10,000. We direct the CPIO to ensure that this amount of compensation is sent to the Appellant within 15 working days of receiving this order by way of a demand draft. Full order is attached to this post. Compensation and Disciplinary action for claiming non receipt of RTI.pdf
  43. 4 points
    Dear Member a. T.N. Police is not exempted organization, list of PIOs: http://www.tnpolice.gov.in/pdfs/RTI_NOS.pdf b. "The question of prejudice of the accused on account of denial of the copy of the FIR at the earlier stage therefore assumes greater importance and on a proper consideration thereof, I hold that it is expedient in the interest of justice that a certified copy of the first information report, which is a public document, should be granted to the accused on his payment of the legal fees therefor at any stage even earlier than the stage of Section 173(4) of the Code of Criminal Procedure. At the later stage, the accused will have the right to have a free copy but the same would not take away the right he already has in law to have a certified copy of the first information report on payment of the legal fees......."." Extract from:Please refer attachment. Also read: http://www.rtiindia.org/forum/37026-whether-fir-notice-public-documents.html#post96673 regards FIR IS PUBLIC DOCUMENT.pdf
  44. 4 points
    Dear Member a. Kindly refer: http://www.rtiindia.org/forum/blogs/jps50/856-how-inspect-under-rti.html b. They will not give any inspection report, they will take your sign on a document in which it would be mentioned that PA has made proper arrangements for your inspection. Why dont you make a reprt yourself (in two copies) and add these points: 1. Inspection report of xxxxxx (name of the PA) 2. name, designation and sign of the assisting officer. 3. List of files to be inspected. 4. List of documents which have to be copied. 5. start time and end time 6. Copy of this report is provided to assisting officer and PIO for information so the cost of the copies can be communicated to applicant and copies shall be supplied to applicant at the earliest on payment of fees. I have used the same in two cases, currently unable to locate the format in my machine. c.You are not bound to take copies, you can take copies if you feel that you need it. d.To get the documents copied is their headache, you may focus of info (only). e. You may keep IPO along with you while inspection and after completion, pay the inspection and copy charges (if required). If you will make the above mentioned inspection report then at the end of inspection you can calculate the copy charges and can submit accordingly. regards
  45. 4 points
    Applicant can approach HC for early or out of turn hearing of the case. File No.CIC/DS/A/2012/000941/RM 4. The AA submitted that a copy of the answer sheet has been provided to the appellant on 11.2.13. It took some time to clear out the backlog of such requests in the wake of the orders of the Supreme Court in the case of Aditya Bandopadhyay. In the absence of the appellant, her views could not be ascertained. 5. This appeal has been heard out of turn as per the directions of the Hon’ble High Court of Punjab and Haryana dated December 6, 2012. http://www.rti.india.gov.in/cic_decisions/CIC_RM_A_2012_000941_M_105355.pdf OUT OF TURN HEARING.pdf
  46. 4 points
    Downloads: A new file has been added by karira: Sec 18 and 19 run concurrently The Kerala High Court has ruled that Sec 18 and Sec 19 of the RTI Act run concurrently - ie can be availed of simultaneously. There are two important points addressed by High Court:The mere fact that a person seeking information is entitled to prefer an appeal on the 31st day after his application for information was submitted is not a ground to hold that the State Information Commission is denuded of its power to enquire into a complaint that there has been no response to the request for information or access to information within the time limit of 30 days. It is open to the person seeking information to move the State Information Commission complaining about the inaction of the State Public Information Officer, instead of filing an appeal. The remedies are concurrent and the mere fact that an appeal lies after the expiry of 30 days to the first appellate authority is no ground to hold that the State Information Commission cannot exercise the jurisdiction vested in it under Section 18 of the Act, before the first appeal is disposed of. "Pressure of work" is not reasonable ground for delay:His only answer to the complaint levelled against him was that due to pressure of work in the office, he could not furnish the information in time. Apart from that contention he had no other explanation for the delay in furnishing the information. If the said ground is taken as a reasonable explanation, every Government servant can escape from the consequences of non disposal of applications for information within the period of 30 days by pleading that he had attend to other official duties and therefore he could not furnish the information sought within 30 days. After the Right to Information Act was enacted and brought into force, every Government servant who is designated as the State Public Information Officer is bound to discharge the duty cast on him under the Act. He cannot decline to take any action on the requests under the Right to Information Act on the ground that he has other duties to attend to. As the State Public Information Officer, the petitioner has a duty to discharge his functions under the Right to Information Act also. Therefore the mere fact that there was pressure of work on the petitioner, is not a ground to hold that he was not bound to furnish the information within the stipulated period of 30 days. PIO could have asked his subordinates to prepare information: Further, all that the the third respondent had asked for was a photostat copy of a resurvey plan. The petitioner could have passed orders on the third respondent's application and directed the staff in his office to implement it. It was not necessary for the petitioner himself to take the photostat copy and hand it over to the applicant. I am therefore not inclined to accept the petitioner's contention that he was prevented by reasonable cause from furnishing the information sought within the stipulated period of 30 days. The State Information Commission has in Ext.P4 categorically found that the explanation offered by the petitioner is not satisfactory. The said finding cannot be said to be a perverse finding warranting interference.
  47. 4 points
    Downloads: A new file has been added by karira: "Person" in Sec 8(1)(e) does not include PA This is an old (2008) judgment of the Punjab & Haryana HC but nevertheless posting it here since it has addressed many useful issues: 1. Reference to "Person" in Sec 8(1)(e) does not include the public authority itself. 2. Any information coming to a public authority cannot be termed as on account of a fiduciary relationship 3. Marks of other candidates (for a public exam for a public post) cannot be denied under RTI
  48. 4 points
    Downloads: A new file has been added by karira: Meaning of "allegations of corruption" in Sec 24 In a very exhaustive and well argued order, the Punjab & Haryana HC has tried to find the meaning of "allegations of corruption" in Sec 24 and has come to the conclusion that: As mentioned above, the expression pertaining to allegation of corruption cannot be exhaustively defined. The Act is to step-in-aid to establish the society governed by law in which corruption has no place. The Act envisages a transparent public office. Therefore, even in organizations which are exempt from the provisions of the Act, in terms of the notification issued under Section 24(4) of the Act, still information which relates to corruption or the information which excludes the allegation of corruption would be relevant information and cannot be denied for the reasons that the organization is exempted under the Act. The information sought in the present case is in respect of the number of vacancies which have fallen to the share of the specified category and whether such posts have been filled up from amongst the eligible candidates. If such information is disclosed, it will lead to transparent administration which is antithesis of corruption. If organization has nothing to hide or to cover a corrupt practice, the information should be made available. The information sought may help in dispelling favoritism, nepotism or arbitrariness. Such information is necessary for establishing the transparent administration. Therefore, we do not find any illegality in the order passed by the State Information Commissioner, Haryana and affirmed by learned Single Judge in the orders impugned in the present appeals.
  49. 4 points
    I am attaching judgement which advocate Rajesh was kind to mail me. STATE COM HARYANA 131212.pdf
  50. 4 points
    CIC Says: In case CPIO is unable to attend the hearing before the Commission, he must nominate a representative of equal rank to represent the public authority before the Commission. The orders of the CIC are as below: Commission places on record that today the CPIO did not present himself and nor has he sent any written submission and has instead nominated a junior functionary in his office to represent him before the Commission. This act by the CPIO is frowned upon by the Commission and the CPIO is warned that in future in case he is unable to attend the hearing before the Commission, he must nominate a representative of equal rank to represent the public authority before the Commission. CIC_DS_A_2012_001013_M_98864.pdf
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