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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. 7 points
    Vide decision No. CIC/SM/A/2012/000695, 1199, 1369 & 1413 dated 01-11-2012, CIC has decided as under: "ii) in regard to the letter written by the MP questioning the suitability of Lieutenant General Bikram Singh, we are of the view that this letter should be disclosed. Section 11 makes it very clear that a third party will have to be consulted before disclosure of any information only if the third party concerned had clearly claimed confidentiality at the time of providing the information to the public authority. In the present case, the MP concerned, while writing the said letter to the Prime Minister, should have clearly expressed his intention that the contents of the letter be treated as confidential. The letter written by the MP, which we examined during the hearing, does not show anywhere that the MP had treated the contents of that letter to be confidential. Therefore, there was no obligation on the part of the CPIO to consult him because the letter written by him was not covered under section 11. It is immaterial that, later, when consulted the MP concerned claimed that he intended the letter to be kept confidential. This is a clear afterthought and goes beyond the protection available to third party in section 11. In the light of this, we direct the CPIO to provide a copy of this letter to the Appellant within 10 working days of receiving this order." [emphasis added] Copy of order is attached herewith. It would be useful when third party information is denied, since mostly information is provided without claiming confidentiality at the time of providing information by third party to public authority.. THIRD PARTY ONLY IF CONFIDENTIA 011112.pdf
  4. 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
  5. 6 points
    Mr. Shahid Raza Burni of PUNE has filed FIRST RTI Petition in Pune Police Station on 12.10.2005.
  6. 6 points
    Interesting question indeed. I searched wiki and found that the first application was given to a Pune police station.
  7. 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
  8. 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.........:):):):):):):):)
  9. 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.
  10. 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
  11. 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.
  12. 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
  13. 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
  14. 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
  15. 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.
  16. 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.
  17. 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
  18. 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
  19. 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.
  20. 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.
  21. 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.
  22. 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.
  23. 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
  24. 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
  25. 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.
  26. 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
  27. 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
  28. 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.
  29. 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
  30. 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.
  31. 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."
  32. 5 points
    The decision of the apex court is attached to this post. Apex court on Section 8(1)g.pdf
  33. 5 points
    I have today emailed attached letter to CIC in connection with decision relating to administrative difficulties of CPIO. Copy of the decision is also attached herewith. AMIN DIFFI 271212.doc ADMIN DIFFICULTIES 211212.pdf
  34. 5 points
    I am attaching decision dated 08-10-2012 of CIC in the matter of interpretation of RTI application. INTERPRETING RTI APPLN 081012.pdf
  35. 4 points
    Let me ask you a question as easy as ABC but the point is you have to answer it with appropriate evidence and proof . So here we go ..... Who is the Prime Minister of India ? Its seems to be a Kindergarten Level question . Isn't it! . But the tough nut to crack is you have to provide adequate evidence for the same . Most of us are not fortunate enough to personally meet Mr Modi Or visit 7RCR . So from where did we came to know that Alia Bhat Is not Prime Minister but the Prime Minister of India is Shri Narendra Modi ......... May be from TV ,Radio , Newspapers, Magazine , Internet and so on....In one word MEDIA . The Crux is without media we are not even capable enough to know the name of our premier The Great Indian Media is the fourth pillar of worlds largest democracy . But the question is whether this fourth pillar is strong enough to balance and provide foundation for a magnificent Democratic set up . We all may have different opinions & perceptions about credibility of Media .For the real Litmus test let we proceed to World press freedom Index 2017 Report published by most renowned Reporters without borders . India is ranked 136 in the World Press Freedom Index, three points down from last year. Following were the remarks from Reporters without borders -- Threat from Modi’s nationalism With Hindu nationalists trying to purge all manifestations of “anti-national” thought from the national debate, self-censorship is growing in the mainstream media. Journalists are increasingly the targets of online smear campaigns by the most radical nationalists, who vilify them and even threaten physical reprisals. Prosecutions are also used to gag journalists who are overly critical of the government, with some prosecutors invoking Section 124a of the penal code, under which “sedition” is punishable by life imprisonment. No journalist has so far been convicted of sedition but the threat encourages self-censorship. The government has also introduced new foreign funding regulations to limit international influence. . GLOBAL SCORE -0.23 Concentration of Media Ownership in India Open a link along side this blog and ask Mr. Google Baba about Media ownership and for sure there will be hundreds of articles alleging about Media ownership and there links with different political parties & Dirty Political campaigns . Some of most credible points are mentioned below . Recently Dr Subash Chandra Chairmen of Essel Group & Zee News (there are 50+ channels of Zee Group) was elected as member of Rajya Sabha from Haryana via support of BJP . Shobhna Bhartia, owner and editor-in-chief of Hindustan Times is a Congress MP from Rajya Sabha. HT media is runs by Shobna Bhartiy with her two sons Priyavrat & Shamit Bhartia. Intresting fact here is to note is Shamit Bhartia wife Nayantara Kothari is a niece of Anil and Mukesh Ambani. Kalaignar TV is owned by Tamil Nadu's former Chief Minister M. Karunanidhi. Sakshi TV a Telugu channel in Andhra Pradesh is owned by ex-chief minister's son and family. News24 Hindi media channel Owned by ex-journalist and editor Rajiv Shukla, famous Congress MP in Rajya Sabha, Union minister, industrialist, BCCI vice president and IPL chairman. Times Of India, Mid-Day, Nav-Bharat Times, Stardust, Femina, Vijay Times, Vijaya Karnataka, Times Now (24- hour news channel) and many more... Times Group is owned by Bennet & Coleman. 'World Christian Council' does 80 percent of the Funding, and an Englishman and an Italian equally share balance 20 percent. The Italian Robertio Mindo is a close relative of Sonia Gandhi. NDTV: A very popular TV news media is funded by Gospels of Charity in Spain Supports Communism. Recently it has developed a soft corner towards Pakistan because Pakistan President has allowed only this channel to be aired in Pakistan. Indian CEO Prannoy Roy is co-brother of Prakash Karat, General Secretary of the Communist party of India . His wife and Brinda Karat are sisters. India News (Information Tv Pvt. Ltd.) : Information Tv. Pvt.Ltd. runs a media brand called India news & news x. It is owned by Mark buildtech and Omkareshwar property’s, Where owner of the Mark buildtech is Kartikay Sharma who is a son of former congress politician Vinod sharma and brother of Manu Sharma ( Who was Involved in Jesicca lal murder case) and Omkareshwar property belongs to Bhupender Shingh Hooda (Former congress CM of Hariyana ) and his son Deependar Singh Hooda. A detailed report Regarding Ownership of Media and there connection with business tycoons and politicians was published by Newslaundry in Report Who owns your media?   Also Recommended to Read - TRAI set to regulate corporate control of media (THE Hindu)   #Paid_News . Indian Media on Sale Paid news is a phenomenon in Indian media, that refers to the systematic engagement of mainstream media outlets in publishing favorable articles in exchange for payment.. This type of news is typically sponsored by politicians, businessmen, and celebrities in order to improve their public image or accomplish political goals. You may have herd about Dons & Mafia's who demands ransom to forgive your life . But here The Media'n Mafia also demands mighty sums to stop character assignation of celebrated creatures . Indian media Houses often blackmail famous personalities & celebs some of cases are as follow In 2012 senior editors of the television channel Zee News were arrested for allegedly demanding Rs 100 crore from Jindal Power and Steel Ltd. In return for this pay-off they offered to dilute their network’s campaign against the company in the coal scam. The blackmail was exposed when JSPL chairman and Congress MP Naveen Jindal conducted a reverse sting on the network’s executives. Bennett, Coleman and Co. Ltd, which owns the Times of India, is reported to have asked celebrities and the wealthy to pay for favorable coverage. They have offered a "private treaty" agreement, which accepts an equity stake in a company in return for favorable coverage.[3] The New York Times described "private treaties" as an example of the commodification of business news.[11] A New Yorker article says that the Times of India "have been dismantling the wall between the newsroom and the sales department" with Times MediaNet. Deepak Chaurasia, host of India News, is accused of being a promoter of paid news in India. As per official statistical report of Election Commission of India more than 3100 notices were issued in alleged case of Paid news and about 787 were confirmed .(by May 2014) Advertising and Media Here I would like to put forward an astonishing fact and perhaps you will be jolted after reading it . If we statistically estimate aggregate/sum total of world spendings (including both govt and private expenditure) on different sectors than - As expected spending upon defense , arms and weapons is at top . Approx 1.57 trillion You will guess health or education at 2nd place but my dear friend you are certainly incorrect .Global Spending upon advertisements ranks 2nd which is a bit higher than lay out on Health & Education . Just look around advertisements are at every nook and cranny . While operating Mobile apps you see advertisements . On internet advertisements are always there . If you are too a part of typical Indian family than probability is quite high that while you are reading this blog your mum or pop will scold you out for always remain sticked to cellphone .Being an obedient Indian you may open book to react that you are studying but pause for a second have you noticed most of books and magazines are too full of advertisements . I dont know why they call a Newspaper as Newspaper .If We can rename Bombay to Mumbai , 7RCR to 7 Lok Kalyan Marg with out any solid reason .than shouldn't we rename Newspaper to advertisement paper because approx 60% of space is given to advertisements and rest to paid news and if than also some space left than that it is for hate story of Mohammad Shami , Love story of Virat and Romance of Ram Raheem & Honeypreet .the scenario is quite similar among News channels of television. I don't know why they keep telecasting SAAS BAHU AND SAJISH .I think in hot Indian summer noon due to high temperature there mind doesn't function properly therefore they become insane and forgot that they are news channels not Entertainment ones . By the way news had also become a sort of entertainment these days . Ok so we were talking about advertisements our television Channels too can't compromise without showing advertisements and yes TV advertisements are very interesting . God of Cricket Sachin Tendulkar will come and request you to purchase pen,pencils LEDs , Fans and inverter batteries . Beauty Queen Hema Malini will emphasis you to purchase water purifiers RO .Rising star Virat Kohli will sold you tyres and captain cool Dhoni will plea you to buy engine Oil ...........Height of Hypocrisy .......... Walking is good for health ! move out from your sweet abode and enjoy the creativity of advertisements shown on bill boards . Let me remind you some of them .The picture of Justin Bieber at local Barber shop who cuts hair for RS 10 , Photograph of Salman Bhai and Kajol at Juice stall of sugarcane . So the nucleus is every time , every where we remain surrounded by advertisements and they often cause deep impressions on your sub - conscious mind which will insist you to purchase particular products even if they are not of our use and hence promoting consumerism . You know Mukesh Ambani is Mukesh and Mark Zukerberg is Mark Zukerberg because of us We The People the day when we will stop using Reliance services and Facebook they too will become Nirav modi and Vijay Mallya .Consumers are very powerful but we don't know our potential .Consumer behave like dummy puppets because of the brain wash done by black magic of luring advertisements . The Sole purpose of Media houses is not to publish genuine news and stories but to increase TRP to attract companies for Advertisements and hence genrating revenues and all together there only aim is profit maximisation rather than social awareness . Journalists and Media men get there livelihood from advertisements of MNCs indirectly they depend on MNCs for there survival . Than it is obvious they will favor there business clients .Here is case study for you , Have you ever thought how a Newspaper with large pages , colored print , consist of latest news , with expensive articles of world famous authors and home delivery costs us just Rs 5 - 10 .How ? a A big question Mark ? How newspaper agencies afford to provide such an expensive piece of paper for almost free not only Newspaper firms but TV channels also at minimal cost of approx Rs 250 . You can see Movies made by celebrated artists . News debates there analysis by wise Anchors and a hidden team of 1000s of members .If you are a cricket fan than why to go stadium and pay kilos of money just switch on your TV and enjoy HD quality Live Show . We all know the answer is They earn there profit from advertisements . Than the question arise is whom should Media be accountable to ,we Kanjooos people OR to business tycoons who fed there families . In the latest IRS report, Dainik Jagran and Times of India have retained top slots among Hindi and English dailies respectively. Dainik Jagran has a total readership (last month) of 7,03,77,000 while The Times of India has a total readership of 1,30,47,000. Hence Approximately a front page advertisement in above two newspaper on a normal day with all external factors as average will cost you 2-5 Crore INR . Similarly on a popular channel like Aaj Tak , Star Plus , Star Sports at prime time (generally around 8-10pm) a Commercial ad of 10secs costs around 15-25 lakh Rupees . And suppose if election results are to be declare or there is any world cup or Olympics or a new movie telecasted for first time on TV than amount per 10 secs may reach to 40-50 lacs. Today , What we eat ? What we drink ? What we study ?where will we do jobs ? where we reside ? which party will come in power ? Govt policies etc are directly or indirectly decided by Businessmens and remember media is there Brhamastra . Henceforth for a bright future There is an urgent need to stop this dark era of crony capitalism . Two more issues mentioned below will be addressed and analysed very soon Brick wall between Citizens and news publishing house Promotion of Violence , westernism and Nudity by Media
  36. 4 points
    Election Commission of India had started a drive Aadhaar ceeling some 2 years ago. Many States had already done the Aadhaar ceeding with Voter ID card. This excercise was called as NERP National Electoral Roll Purification (2016). As the name implies, the dead voters, shifted voters were being corrected. But the most important feature of this excercise was that of linking Aadhaar with Voder ID card (now called EPIC). Why Aadhaar Ceeding Stopped The story goes that one of the State CEO (Chief Electoral Officer) who are actually encharge of the Electoral Voter Data introduced the form for Aadhaar ceeding by making it compulsory. A few Privacy concious citizen filed a Supreme court case. Sensing a big fiasco, Election Commission of India gave assurance to the Supreme Court that they will stop the ceeding and will never link Aadhaar with Voter Data. This affidavit completely stopped the process of Aadhaar ceeding abruptly and the NERP process which had collected so many database got waste. The Election Commission still have those Aadhaar data, but as they burned their bridges they just dumped this data. Recent Event with ECI Recenlty it was heard that Election Commission has revived the attempt by filing a revised petition to Supreme Court that now they would like to use the Aadhaar data for electoral purification purely on vlountariy basis. But as it appear, neither Election Commission nor spirited citizens are interested in any linkages between the two. What is the danger of linking Aadhaar with Voter ID card But there is a danger too. As the social media is abuzz with falcification and victimisation of EVM, so will a new ghost story will appear that now the Government has the control of the electoral database and they can manipulate the electoral data by linking it will Aadhaar. One thought is that ECI should have it's own biometric system for deduplication integrated with their IT system especially as ECI has integrated all State applications now for EPIC data management. This new initiative is through NVSP.in and ERONET application developed by CDAC Pune.
  37. 4 points
    In an order dated 13 March 2013, the CIC has ruled that the applicant has to pay multiple RTI application fees (in this case 115 X Rs. 10 = Rs. 1150) since the information was with the 115 divisional offices of LIC. The PIO of LIC had agreed to transmit the application electronically to the 115 divisional offices and the applicant was directed to pay the fees to the main PIO. Order is attached to this post. Applicant to pay multiple RRI fees for transferring to divisional office PIOs.pdf
  38. 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
  39. 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.
  40. 4 points
    CVC has issued a circular on Delhi High Court decision in LPA No.618/2012 dated 06.11.2012 in the matter of Discloser of Information under the provisions of the RTI Act, related to disciplinary matters rti_10042013.pdf
  41. 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 .
  42. 4 points
    PSIC Says : Appointments to government posts draw finances from state exchequer and people have right to know if the best have been selected and whether the selection was on merit. The Orders of the PSIC are as below : Appointments to government posts draw finances from state exchequer and people have right to know if the best have been selected and whether the selection was on merit. The public authority may hold back the names of examiners/members of interview Board etc. but other details cannot be withheld in the name of confidentiality. To hold back the kind of information being sought by the present appellant would amount to denial of his valuable right to access information held by public authority and a violation of the RTI Act. STATE INFORMATION COMMISSION.doc
  43. 4 points
    The Orders of the PSIC are as below: 9. Section 8(i) (j) protects personal information from disclosure, “which has not relationship to any public activity or interest.” In the present case, appointments by promotion to a public office are being made and the Complainant alleges that marking of the answer-sheets has been wrongly done to favour few. The issue in question certainly pertains to a public office and appointments to public post. The people have a stake and interest to know how officials are being appointed to public posts drawing salary from state exchequer. Disclosure of this information, post declaration of result, cannot be said to be a matter of privacy of an individual candidate. When a candidate offers himself for a competitive examination and contest for a public office, he enters public arena and there could be no privacy regarding the selection process to the post. Competition means comparative performance and all those who compete have a right to know not only how he or she has fared but also how other competitors have performed. Selection would depend on comparative performance. How can it be held in secrecy? 10. Furthermore, proviso to Section 8(i)(j) says that the information which cannot be withheld from the State Legislature cannot also be denied to any person. Certainly, the information pertaining to appointment to public office or test conducted to fill public posts cannot be withheld form the legislature and therefore cannot be denied to the present information-seeker. The Bombay High Court in Surup Singh Hryanaik Vs State of Maharashtra, AIR 2007 Bom.121, while considering the question whether access to Legislative Assembly can be denied in respect of the medical records of a patient maintained in a public hospital, observed that, “To our mind generally such information normally cannot be denied to Parliament or the State legislature, unless the person who opposes the release of the information makes out a case that such information is not available to Parliament or the State Legislature under the Act. By its very constitution and the plenary powers which Legislature enjoys, such information cannot be denied to Parliament or State Legislature by any public authority,” (Emphasis provided). 11. The respondent has cited two decisions of the Central Information Commission, which are not binding on the State Information Commission. Even, otherwise, as I have already referred above, this Commission in a Full Bench’ decision has held that answer-sheets of candidates competing for public post can be accessed by any candidate, once the result has been declared. The proviso to Section 8 (1) (j) removes any doubt, if there was one. Therefore, it must be held that the Complainant is entitled to see the answer-sheets of all his competitors. Equality of opportunity under Article 14 of the Constitution would be meaningless, without such transparency. There is, in any case, nothing confidential about answer-sheets, once result is already in public domain. Orders.doc
  44. 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
  45. 4 points
    Downloads: A new file has been added by karira: Agreements of private parties with Govt disclosabl The Bombay HC has ruled that agreements concluded by private parties with government organisations are disclosable. The issue related to disclosure of agreement between Transpirt Deaprtment and private company regarding issue of Smart Card Driving Licences, RC Books, etc.
  46. 4 points
    I am attaching judgement which advocate Rajesh was kind to mail me. STATE COM HARYANA 131212.pdf
  47. 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
  48. 4 points
    Many members of the forum have experienced that the PIO informs about the "additional" fees towards the fag end of the 30 days period and by the time the information is finally given, the 30 days period is well over - thus bringing into play the "free provision of information" clause. CIC has now asked DoPT to frame guidelines as to how long a PIO should take to inform the applicant about additional fees. The Appellant submitted that the Right to Information (RTI) Act prescribed a specific time limit of 30 days for providing the desired information. According to him, this was often nullified because the CPIO concerned would intimate about the photocopying charges to be deposited towards the end of the prescribed period and, in the process, the information would be delivered much beyond the prescribed period of 30 days. There is a lot of merit in the submissions of the Appellant. We have also witnessed in many cases where the CPIO informs the information seeker about the photocopying charges very late. While there cannot be any hard and fast rule about when exactly the intimation about the photocopying charges should be conveyed to the information seeker, it is implied in the prescribed time limit that the demand for the photocopying charges must be made soon after the RTI application is received so that the information seeker has time to deposit the fees and receive the information within the prescribed thirtyday period. If the information sought is not voluminous or is not dispersed over a large number of files, computation of the photocopying charges should not be a timeconsuming task. As soon as the RTI application is received, the holder of the information should decide about how much information to disclose and then calculate the photocopying charges so that the CPIO can immediately write to the information seeker demanding such fees. It would be helpful if the DoPT would issue some guidelines on the subject just as they have issued several other guidelines for facilitating smooth delivery of information to the citizens. Full order is attached to this post. CIC asks DoPT to issue guidelines regarding time limit for additional fees.pdf
  49. 4 points
    The decision of the Delhi High Court is attached in this post. Rajan. Delhi High court on Section 8(1)(j)- Unwarranted invasion of privacy.pdf
  50. 4 points
    The judgement of the Bombay High court is attached in this post. Bombay High court directive to DGP for compulsory registration of FIR for cognizable offence.pdf
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