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  1. 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
  2. 4 points
    WHY DO INFORMATION COMMISSIONERS NOT IMPOSE PENALTY? ICs are under the wrong impression that it is their discretion to levy or not to levy penalty at their will. In fact, once the breach of RTI Act is committed and not reasonably explained, the penalty must follow. ICs are afraid because if they levy penalties, the serving govt officers may dig out their [ICs] misdoings when ICs were in service and ICs may have to face investigating agencies post-retirement. ICs want to follow the line of action and guidance given by political appointees. ICs are attitudinally conditioned not to displease other govt officers and politicians, as they have been doing while in service, lest some day ICs may be exposed. Conceptually ICs have no respect for common citizens since they were uncommon citizens while in active service for a very long period of their lives. Heart in heart, ICs believe that govt servants and politicians are borne to rule in India and common Indian [mango] citizens are their subjects. ICs do not appreciate and internalize their own duties and responsibilities under RTI and continue to function as an administrative entity. ICs lack training in knowledge and attitude to effectively act as ICs. ICs treat appointment as post-retirement paid holiday time to enjoy bypassing routine and stereo-type orders [clerical or fill-in the blanks] without much taxing their minds. Imposing penalty requires the application of mind. ICs may have tie-up arrangement to absolve PIOs for a “fee”, as the majority of govt offices have in India [agents or touts]. ICs do not believe that common Indians deserve transparency and time is not ripe for opening up governance to such immature mango citizens. Very few appellants will move higher courts [due to the prohibitive cost of litigation and exorbitant delay ] for information and penalty, while PIOs will challenge at public cost, any order of penalty and if it is not upheld, ICs may lose face. RTI appellants or complainants have not so far moved vigilance machinery of Govt against ICs absolving PIOs of penalties even in serious RTI violations, alleging corruption. Citizens do not move petitions to remove ICs to President or Governors for not imposing penalties in many cases, where it should have been definitely imposed. ICs are aware that they are totally overprotected by law for whatever decisions they take including not imposing penalties even in deserving cases. ICs psychologically want to retain their image of being very good, understanding and kind among govt staff, even at the cost of making RTI defunct affecting fundamental rights of common citizens. ICs know that after demitting post, they will be common men/women and will have to approach the same govt. staff for their mercies. Hence they do not risk offending govt staff for RTI violation by imposing the penalty. Some ICs believe that penalties will have a demoralizing effect on govt staff and may reduce their efficiency. ICs also know that poor PIOs are under pressure for not meticulously following RTI provisions, lest many of PIOs’ bosses [including politicians] and colleagues would land in trouble. ICs hasten to levy penalties when their authority is challenged by PIOs by being absent in hearing or not complying with ICs orders. However, ICs forget that in a democracy citizens are the supreme authority. ICs are under impression that getting information is important and not the penalty, irrespective of breach of provisions or harassment to information seekers. Some ICs believe that at least now citizens are getting information, which was not available to them prior to RTI enactment, hence he should not think of penalty, whether imposed or waived. ICs feel that appellant or complainant has no right to insist upon penalty. It is ICs exclusive domain. ICs still hope that they may get some govt post even after demitting post of IC . India is a soft State even when it comes to terrorists and criminals. ICs give benefit to PIOs for civil violations of RTI, even when it affects fundamental rights. Many ICs are afraid of govt officers who hold high posts or are well connected. Appellants or complainants do not even insist in writing after the decision is pronounced, that penalty should have been imposed by IC by giving their justification for the penalty. There is no social audit of decisions of ICs nor is feedback given by RTI activists to concerned IC with a copy to Chief IC. Hence ICs do not improve. There are certain ICs and Chief ICs whose past record is full of misdeeds and they could escape penalties by manipulations and secrecy. Hence they have special love for defaulting [brother-like] PIOs. Politicians select only such ICs who cannot be attitudinally strict for benefit of common men at the cost of govt employees. Most of ICs are with govt. service background and mentally carry that baggage even after retirement. ICs are not adversely commented upon by auditors of CIC or SIC, even when the penalty is not imposed in very deserving cases. There is no system to effectively recover penalties even when imposed by ICs. This discourages ICs from penalizing. 41.68% of penalty is not recovered by CIC and situation in most SICs may be worse than this. PENALTY -WHY NOT.doc
  3. 2 points
    भारत में आज भी गांव के 80% लोग अनपढ़ है उन्हें अपने अधिकार भी नहीं मालूम वो नहीं जानते की भारत सरकार ने उनके लिए कौन सी योजनाएं बनाई है भारत सरकार की ओर से लाभान्वित योजनाएं जो उसने गांवों में रह रहे गरंवसियों के लिए बनाती है उसमें सिर्फ 10% पढ़े लिखे सिक्षित लोगों का कब्ज़ होता है और वो लोग इन अनजान और सीधे सादे लोगों को इन योजनाओं के बारे में नहीं बताते ग्राम प्रधान हो या कोटेदार या फिर कोई भी अधिकारी हो अपनी मन मानी करते हैं अब बताए कि जिसे अपने अधिकार नहीं मालूम जो एक पोलिस वाले के सामने तेज आवाज में बात नहीं कर सकते उन लोगों को क्या पता सूचना का अधिकार क्या होता है उन्हें तो ये भी नहीं मालूम कि ऐसा कोई कानून बनाया है सरकार ने इस लिए जरूरत है कि गांव के लोगों को इस कानून के बारे में बताया जाए उन्हें ये समझना होगा कि उनके गांव के विकास के लिए ये कानून कितना प्रभावी है मैं उत्तर प्रदेश के जनपद बांदा के ग्राम laumar का मूल निवासी हूं मेरे गांव के 99%लोगों को इस कानून कि जानकारी नहीं है यहां तक की गांव में जो व्यक्ति बड़ा नेता माना जाता है उसे भी नहीं मालूम कि ये क्या है प्रधान को भी नहीं मालूम अब इससे बड़ी विडम्बना क्या हो सकती है कि जिसे गांव वाले अपना नेता चुनते हैं कि वो गांव का विकाश करेगा उस को ही नहीं मालूम कि सूचना का अधिकार क्या है वो सिर्फ इतना जानता है कि जो बीडीओ और एसडीएम साहब कहदें वहीं कानून है और वहीं होना है और होता भी वही है जो जो बीडीओ सचिव और एसडीएम कह दें क्योंकि इन्हें अपने अधिकार ही नहीं मालूम इसलिए मैं चाहता हूं कि मेरे गांव का बच्चा बच्चा अपने अधिकार जाने और गांव जिला में ग्राम विकाश में भागीदार बने तभी शाशन प्रशाशन सही से कार्य करेंगे
  4. 2 points
    garg0505 J Posted 12 hours ago On appointment of transparency officer I obtained this information from RTI foundation web ite in this regard a circular was also issued by DOPT. In the W.P.(C)3327/2012 (Union of India V. Central Information Commissioner and Ors.), Hon'ble Mr. Justice V.K. Jain has dismissed the writ petition. The bench observed “No one was present for the petitioner on the last date of hearing. No one is present for the petitioner today. The writ petition is dismissed in default and for non-prosecution” Following the rejection of the petition, the seven member bench order for the appointment of the “Transparency officer” now comes into force. Earlier, the Secretary, Central Information Commission had issued an order for the implementation of the CIC order. Central Information Commission August Kranti Bhawan Bhikaji Cama Place New Delhi-110 066 Date: 09-12-2010 Subject : 1. Roles of CPIO and Transparency Officer (TO) 2. Level of Transparency Officer (TO) 3. Job Chart of Transparency Officer (TO) Reference: D.O.No.CIC/AT/D/10/000111 dated 15.11.2010 Apropos the subject and reference cited, certain public authorities have requested clarification regarding the roles of the Transparency Officer (T.O.) vis-à-vis the CPIO, and the level of the Transparency Officer. 2. It is clarified that the institution of Transparency Officer is in fact an administrative arrangement for promotion of institutional transparency within the public authority through proactive and effective implementation of the provisions of Section 4 of the RTI Act, 2005. These include effective record management, digitization of records, networking and incremental proactive disclosures. 3. The CPIO and the Appellate Authority, on the other hand, are parts of the RTI-regime and, in that sense, are statutory officers under the RTI Act. Their functions shall be as defined in Sections 7 and 19(1) of the Act respectively. 4. Within the public authority, a CPIO will be free to seek guidance from the Transparency Officer about disclosure-norms ⎯ both in its general and specific aspects. 5. The level of Transparency Officer, in any public authority, may vary depending on the availability of personnel of a requisite level. However, to be effective, a Transparency Officer should be of sufficiently high seniority in the organization, having uninterrupted and free access to the head of the public authority. He should also be able to effectively communicate and liaise with Divisional Heads of the public authority. It is, therefore, desirable that T.O. is either No.2 or No.3 behind the head of the organization, in the official hierarchy. 6. Job Chart of Transparency Officer Transparency Officer (TO) shall be the main centre of all actions connected with promotion of institutional transparency commensurate with the letter and spirit of the RTI Act. In performing this role, the TO shall: i. Act as the interface for the Commission vis-à-vis the public authority on the one hand, and on the other vis-à-vis the public authority and the general public/information seeker. ii. Engage continuously, in implementing the Commission’s directive dated 15.11.2010 regarding pro-active disclosures under section -4 of RTI Act, vis-à-vis the public authority concerned. iii. Regularly monitor decisions of the Central Information Commission (http://cic.gov.in) with a view to identify areas of openness both generic and specific as a result of such decisions. Ensure that all levels of employees of the public authority are sensitized about these decisions and their implications. Be responsible for issuing advisories, to officers/staff about need for sensitivity to institutional transparency and act as a change agent. Be responsible for sensitizing the officers/staff that the time limit stipulated in the RTI Act are outer limit for matters raised under RTI Act and officers/staff are required to be mentally tuned to disclose all informations, predetermined as open, within the shortest possible time on receiving request. iv. Be the contact point for the CPIO/FAA/Divisional Heads in respect of all RTI related matters of the Organisation. He will be the clearing house in all matters about making transparency the central point of organizational behaviour. v. Constantly remain in touch with the top management in the public authority about the strategy and the action to promote transparency within the organisation. Promote good management practices with the organisation centered on transparency. vi. Devise transparency indices for various wings of the public authority in order to introduce healthy competition in promoting transparency. vii. Help set up facilitation centres within the premises of the public authority, where members of the public can file their requests for disclosure of specific information and can inspect the records and documents etc. viii. Work out, in consultation with the departmental officers, the parameters of record management- its classification and indexing, plan of action for digitization of documents and records, networking etc and oversee and help implement the functions laid down in section 4 (1) (a) and 4 (1) (b) of the RTI Act. ix. Prepare information matrix based on analysis of RTI applications filed before the public authority and response thereof and, suggest to the top management the need for process reengineering, wherever necessary, as well as work out modalities of suo motu disclosure of such information. x. Be responsible for creating condition(s) in the organisation to establish an information regime, where transparency/disclosure norms are so robust that the public is required to have only the minimum resort to the use RTI Act to access information. xi. Be responsible for operating a user-friendly website for various information relating to the public authority concerned, including inter alia search option. xii. With the help of the appropriate wing of the public authority, set-up arrangements for training of the personnel to promote among them higher transparency orientation away from intuitive reflex towards secrecy, now common. xiii. Establish dialogue with the top management and key officials of the public authority regarding prevention of unnecessary confidentiality classification of documents and records under the Official Secrets Act and to check over classification. (B.B. SRIVASTAVA) Secretary Share your comments with RTI Foundation of India. Read more at:http://www.rtifoundationofindia.com/would-public-authority-appoint-“transparency-offic#.W0d65OHhU0N
  5. 2 points
    The Right to Information Act 2005 empowers every citizen to ask for information from Government Organisations. This information can be about your own personal case or more complex Government Policy. The Act also empowers us to take photocopies of the Government records and also online data in a form of CD. However, often PIO being Government Servant who perhaps is also the custodian of the information has a conflict of interest in giving out such information. Every Government Official at one point or the other has been trained to deceive politely. The RTI reply is no exception. Many times, the information given is full but empty. And they use smart writing skills to give but hide. If you go through the various threads posted at our forums here , you will realize that most of the battle is won or lost during the framing of the questions itself. Our experienced RTI Experts and team members continuously go on improving the RTI Application questions on the user's requests. Let us now see what are the biggest mistakes you can avoid in your RTI Application. Asking 'Why' in the RTI Application As per the RTI Act, the information being asked should be available in any form. The information cannot be created. Thus if a question is asked "why my speed post has not been delivered", probably, the PIO will straightway reject the application and quote nicely the RTI Act Para in the reply. Therefore, it is necessary to avoid 'WHY' from your RTI Application instead documents which can prove they 'WHY' should be asked. For example, to get the reason why the Speed post was not delivered, you should ask 'Provide me the copy of the Postmen beat register of {date}'. Addressing questions pertaining to multiple PIO As per RTI Act Section 6 (3) (ii) if the RTI Application is made for the subject matter which is not closely associated, the public authority, to which such application is made, shall transfer the application or such part of it as may be appropriate to that other public authority. Now, this is a booby trap. Though Central Information Commission has critically examined this still you will keep on getting the letter from one PIO to another that 'As per section 6 (3) (ii), your RTI application has been transferred to concerned PIO'. This means that you will never get the correct reply. The best course of action is to do some homework by visiting websites of the Organisation and finding the correct PIO. Asking for Voluminous records If you ask for information which is too voluminous, the PIO will apply section 7(9) stating that "it disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question." Thus asking for Muster roll records for 4 year period will fit the case of rejection. Though PIO cannot reject the application, there are fair chances that information will not get supplied. It is always advisable that the information period should be short. Further, if PIO failed to apply 7 (9), he will ask you to deposit exorbitant photocopy charges for all the records. Asking for third party information without proving public interest Now this is the most debated and contested issue in terms of RTI request. If you ask for a third party information always remember to include 'Public Interest' clause into it. Without 'Public Interest' petition, the PIO will immediately reject it by quoting Section 8 (1) (j) & Section 11 of the RTI Act. You can read our Explanation on what is third Party and various decisions relating to them here! There is a potential issue of PIO applying 'Privacy' clause of RTI. Therefore, it is suggested that as far as possible information about third party should be avoided, however, if at all it is but important, then always justify your RTI Application with 'how disclosure of the third party is in public interest'. You can use the corruption angle exposure while justifying Public Interest. There are many such examples and pitfalls which you may find it over on forums and from experts. If you think of any more, please do add it in the comments.
  6. 2 points
    What are some of the shocking, weirdest, silliest RTI requests made in India? As Abraham Lincoln said “Government is of the people, by the people, for the people” The government is our servant and we have no duty to explain why we seek information from them. The government holds all the information in our behalf, in trust. Like a banker can’t ask you why you want to see your bank account statement, similarly the government can’t deny if you ask them how they are governing our country. With the mechanism of RTI we can actually participate in the working of the government. RTI or Right To Information is an act of Indian parliament that empowers the common people to seek information from the government. It empowers the Indian citizens to inspect the government work, take notes and get certified photocopies to know the status of work. It’s been ten years since the RTI Act came into existence to empower people and bring transparency to the system. However, people have been using it in rather unconventional ways. The queries that the government receives often fall in the range from being funny to outright absurd. In technical terms, these queries fall under the frivolous or vexatious category which means they denote an action or the bringer of an action that is brought without sufficient grounds for winning, purely to cause annoyance to the defendant. In the language of the internet, they were filed just to troll people. Here are some of the funniest RTI applications filed by people in India: 1. RTI for Indian nuclear launch code: A guy has asked in his Right To Information query undoubtedly is too much of funny. The Twitterati could not believe their eyes when Vivek Kumar, deputy secretary at the Prime Minister’s Office (PMO) and an Indian Foreign Services (IFS) officer, shared on the micro blogging site that a person has filed a RTI seeking the launch codes to India’s nuclear arsenal. Could you believe it? Does the person not know that nobody but the serving prime minister of India has access to the launch codes of nuclear weapons? Please do not take it as a joke, for statutory fee of Rs 10 had also been deposited in this regard. The application was obviously rejected. It had to be. It is a funny story of a RTI activist whose identity remained hidden. 2. RTI regarding Lord Venkateshwara: Yes you read that right. In 2014, Mr Narashimha Murthy, a social activist, allegedly filed a RTI to the TTD (Tirumala Tirupathi Devasthanam) trust questioning them whether Lord Venkateshwara's debt to Kubera had been cleared or how much was still left. His basis of filing the RTI was his allegation that the trust had hoodwinked the public by weaving a story about the Lord owing a debt. A funny RTI query has been made by a Bengalurean to Tirumala Tirupati Devastanam (TTD), asking for information about the money Lord Venkateshwara has borrowed from Kubera at the time of his marriage with Padmavathi and how much he has returned. TTD is yet to give a reply. The RTI applicant alleges that TTD is hoodwinking people by stating that the lord is still paying back interest for the principal amount he had borrowed from Kubera from the proceeds of the famous Tirupati 'Hundi'. Narasimha Murty, a Bangalore-based RTI activist, visited Tirupati and saw a board which spoke about the money borrowed from Kubera, the lord of wealth, by Lord Srinivasa and the need for the latter to pay interest on the loan among other things. "After I saw the board, I was taken aback at the way people are being fooled by this mythology. They all use god's name to make gains, which made me file this RTI query," Narasimha Murty said. Murty has addressed this RTI to the accounts officer and to the public information officer. "TTD says that the lord is still paying interest to Kubera and it is the money given by devotees that only can help in this mission. As a citizen of this country, I have all rights to know the accounts of the TTD. But even after much time, TTD has not given me any details about the accounts. So, I have gone before the Andhra Pradesh information commissioner. Even after repeating request letters, TTD is not answering the questions I have posed," Murty said. The story: According to mythology, Lord Venkateshwara who was believed to be an incarnation of Vishnu, was named as Srinivasa. There was a king called Akasha Raja who was ruling the state that time. Many a time, Srinivasa quarrelled with his divine consort Lakshmi and on one occasion came to Tirupati to do penance in an anthill. He was doing penance all day and no one knew about this. Every day, one cow used to come to that place and give milk to Srinivasa. Once the cow was back home, it stopped giving milk. Confused by this, shepherds who were looking after this cow followed it, and found it looking after Srinivasa who was inside the anthill. They went to hit the cow with a stick but to safeguard the animal, Srinivasa came out and took the blows on his head. While the attackers left the place, a bleeding Srinivasa was rescued by a woman called Okkala Devi who took him to her place and brought him up as her son. He started staying with her and one day he saw Padmavathi, the Princes of the region. Srinivasa fell in love with her which she also reciprocated. Okkala Devi then approached the king Akasha Raja requesting him to allow the two to marry. The king asked Okkala Devi about her status and about money she had to conduct the wedding. It is at this juncture that Srinivasa was forced to go to Kubera, the lord of wealth and riches, for a loan. After processing the loan, Srinivasa got to marry Padmavathi. Mythology says that from that day till date, Srinivasa is repaying Kubera his loan. "Based on this story, the Devastanam still says that Lord Balaji is paying the interest and it is pressuring devotees to give more and more money. Emotional devotees believe all this and part with crores of rupees. I have heard of rich people like the Amabanis, Vijay Mallya and several other politicians donating huge sums to Lord Balaji. Is there an account for all this," Murty questions and says he will fight till he gets answers for his questions. Narasimha Murty is an RTI activist who has been fighting regarding the property and the gold which came out after opening of the doors at Padmanabha Swamy temple in Kerala, as well as the death of an IAS officer who was looking after the temple. Post-this battle, Karnataka Golf Association was also declared a public authority based on his application. Well, the story in the News article has few discrepancies; nevertheless the gist is the same. This must have possibly been a creative petition to let the people think twice before donating at the temple. 3. RTI Query: “Whether Prime Minister Narendra Modi, before he came into politics, worked in any Ramlila Troop? If yes, what role he played?” The PMO replied: “Information sought is not part of record.” 4. RTI Query on of another applicant wanted to know “how many and which type of cylinder” were “used in (the PM’s) kitchen” in October 2014 and May 2015. The applicant also sought “copies of bills of cylinders” and “copies of bills and spices” bought in May 2015. The PMO replied: “The kitchen expense of the Prime Minister is personal in nature and not incurred on government account.” This exchange is just one example of the nature of queries relating to Prime Minister Narendra Modi that have been raised by applicants and responded to by the Prime Minister’s Office (PMO) under the Right To Information (RTI) Act. The below are some of the RTI Queries: Q: Records and documents which show that the Prime Minister of India, Narendra Modi, is the Prime Servant of India and not the Prime Minister. A: “There is no proposal to change the official designation of PM.” Q: Has the Prime Minister read the Indian constitution? Is the Prime Minister supposed to read the Indian constitution? Is the Prime Minister assumed to have read Indian constitution? Has anyone in the PMO till date told the Prime Minister what his duties are towards India? A: “Information sought does not fall under the definition of information.” Q: Who helps the Prime Minister in sending tweets in regional and foreign languages? Names of individual (s) for each regional language. A: “Information sought is not maintained on record.” (Another reply says that the “Prime Minister himself is managing his personal social media accounts.”) Q: Number of sick or casual or health leave availed by the Prime Minister in the last 10 years. A: “No leave has been availed by the present Prime Minister since taking over the office.” (Replying to a related query on whether Prime Minister Modi was on leave during the Bihar election campaign last year, the PMO responded: “Tours on election campaign are not official.”) Q: Percentage of marks Modi secured while graduating in 1977 from Delhi University. A: “Does not form part of records.” Q: Can one get the mobile number of the PM under RTI? A: “The PMO has not given any mobile phone to Prime Minister.” Q: Legal status of announcements made by the Prime Minister. A: “Once the announcement is made, the ministries concerned are entrusted with the responsibility of implementing the announcements and monitoring their implementation.” Q: Does the PMO communicate; send letters, etc., in the official language Hindi? A: “Letters in Hindi received from Union Ministers, Governors, Chief Ministers, etc., are replied to in Hindi… Hindi letters from public are also replied in Hindi.” Q: Roza iftar parties Prime Minister Modi attended in 2014 and 2015. A: “None.” And finally this: Q: Has the Principal Secretary to the PM, Nripendra Misra, ever taken his colleagues in the PMO on a picnic? If yes, who all went, how much money was spent, were family members also invited on such excursion, and what was the food menu? Was the food ordered from an external caterer? Was the venue fixed by general consensus or was it decided solely by Misra? A: “No picnic/excursion was ever organised by Nripendra Misra.” 5. A RTI Application also asked Who officially declared Gandhi as Father of the Nation (since we always read it in our text books) The 10 year old girl had filed an RTI query seeking information on Gandhi Ji’s title of ‘father of nation’ In a written reply, the government said that Mahatma Gandhi cannot be accorded the 'Father of the Nation' title by government as the Constitution does not permit any titles except educational and military ones. While giving reference to the Article 18 (1) of the Constitution, the MHA had said that it does not permit any titles except education and military ones. The MHA had transferred her appeal to the National Archives of India. The Central Information Commissioner Basant Seth then had stated, "There is no order/document on record by which Gandhiji was given the title of "Rastrapita". Ans: No official declaration done till now. 6. Who declared Gandhi Jayanti, Republic day, Independence Day as national holidays? Ans: Such orders were never issued. Bangalore, Aug 14: The reply to an RTI query has come as a shock to all those Indians who believed that Aug 15, Jan 26 and Oct 2 are national holidays. Apparently, these three dates were never notified by the government. It was the persistent efforts of one Aishwarya Parashar that revealed this amazing fact. Earlier this year in April, the 10-year-old had asked the Prime Minister's Office (PMO) for a copy of the particular government order (GO) that specified the national holidays. The PMO passed on her query to the Ministry of Home, which at first claimed that the matter does not pertain to it. The Department of Personnel and Training (DoPT) should provide the answer, the Home Ministry averred. Finally, the latter clarified on May 17 that it could not find any GO that notified Republic Day, Independence Day and Gandhi Jayanti as national holidays. Aishwarya was bemused by the reply because she has been taught in school that Jan 26, Aug 15 and Oct 2 are national holidays. When she filed an appeal to find out the truth, the appellate authority not only confirmed that the Home Ministry's statement was correct but also requested the National Archives to provide the 10-year-old a copy of the GO if any exists. A determined Aishwarya has since shot off letters to the President and the Prime Minister, demanding the GO. Now the onus is on both Pranab Mukherjee and Manmohan Singh to satisfy her curiosity. 7. A RTI Applicate asked what is the Speed of internet at the PMO? Is his internet faster than ours? Brave Right to Information warriors have exposed how fast Modi’s wifi is! The average Indian gets 2Mbps, and Modi gets 34Mbps. (If you think that’s fast, the ‘Startup Village’ in Kochi has 1Gbps connectivity - 30 times as fast as the PM’s office!) The RTI also found that the PMO (Prime Minister’s Office) uses Windows 7/Windows 8, and there's no money spent on running the @PMOIndia Twitter handle. While the RTI was brought in for transparency, some geniuses are turning it into a joke. Sample these RTI petitions. Yes these are real. Ans: 34 Mbps. 8. Did you know that Hockey is not our National game? This was revealed in an RTI filed by a class VII student, Aishwarya Parashar who sought information on a government order pertaining to India’s national game. Quite surprisingly, the Ministry of Youth Affairs and Sports in its response stated that ministry has not declared any sport as its national game. Same as ENERGY, STUPIDITY can be neither created nor be destroyed, but it transforms from one form to another. All these does not ends here only as many have asked: • Can we have the election symbols with the rainbow filter? (On Voting Machines) A political activist asked Election Commission of India why elections symbol used in electronic voting machines are black and white and not colourful. • An RTI doesn't really have an age limit - legally, even a six year old can file one. And 9 year old Pranav filed an RTI that forced the Delhi police to register his stolen bike. He even asked for a Rs. 2500 compensation, and demanded action against the assistant sub-inspector! The police were given a challenge by a 9-year-old boy named Pranav who used an RTI to force the police officers to file an FIR for his lost bicycle. The police had initially refused the to file the FIR for a trivial offense. I have a feeling that this kid is going to grow up and do some great stuff. • Do you know what underpants should you wear before the Prime Minister? It is one of the most absurd queries received by RTI act provoked by a ridiculous reason. A “troubled” citizen filed a petition asking what undergarments can be worn before the Prime Minister. The question was asked directly to the PMO’s Office asking for the exact “specification of undergarments.” Why? Because previously he had been arrested for stripping down to his briefs scribbled with anti-government slogans in a government convention addressed by the PM. I am so impressed by this guy’s guts. • RTI vs. RTI! In 2009, a Pune RTI activist revealed how local politicians were using the RTI to spy on him, and try to stop him before he revealed their illegal activities! • Um, just for research purposes. An RTI applicant literally asked where exam papers for the Aligarh Muslim University were printed, and where they were checked. • Some people can confuse RTI with Shaadi.com A man in his late forties from Kutch Gujarat filed a request under the RTI Act demanding information on the eligible females in the government department for marriage. The request was made to the Tamil Nadu state information commission. In his application, he also stated the fact that an eligible bachelor from any government department would do for him. He just really wanted to get married to a government employee. • Kya Ache Din Aa Gaye Hain? Someone literally asked the Prime Minister's office if "achhe din" are here. We can imagine the response was “Work in progress” • Time is money, but how much money exactly? Time is money, but how much money is it according to Indian scriptures? An RTI asked the Punjab University this question. • Saar, how much is cost of 1 wife @ MRP? The same Punjab University RTI also asked how much a pretty and religious bride would cost, according to the Ramayana and the Mahabharata! • How religious in the governor ? A resident of Hyderabad sought details from Andhra Pradesh governor on how many times does he visit temples in a day and also copy of the dinner menu hosted at his official residence. • How much ‘paan’ do MCD officials really chew ? Blood red stains might be compulsory artwork at every sarkari office, but this Delhi resident had had enough! He filed an application asking how much 'paan' and tobacco an MCD official consumes on average in a day, and even asked about the paan ingredients! • Where'd I go wrong? A wannabe Delhi University (DU) lecturer who didn't get the university job filed an RTI asking DU where his answers weren't as good as other people who applied. • RTI = student discount? A duplicate Delhi University marksheet costs Rs. 500. An RTI costs Rs. 10. Which is why Delhi students thought they'd get a duplicate marksheet for Rs. 10. Nah, it doesn't work like that. • A disgruntled applicant wanted to know if Arvind Kejriwal’s reads the comments on his social media channels. In his application, he asked that when Arvind Kejriwal posts asks “silly and stupid questions” on Facebook and twitter, does he check the comments he receives on such posts. This information being personal in nature, can’t be answered under RTI. Even then, it doesn’t stop people from trying their luck! • A Delhi University student, filed an RTI against the girl he fell in love with. After few months of dating, he found out that she was married! He wanted to know what he can do to complain against her and get her punished for the mental agony she had caused. • This is around the time our country directed a lot of anger towards Fawad Khan. We had questions coming in asking if Fawad Khan was allowed to legally work and stay in India for his movie “Ae dil hai mushkil”. • An emotional applicant had asked whether astrologists and priests are authorized to declare someone a “manglik”. If someone has “mangal dosh” and their spouse dies, is there any reason to believe that the “manglik” person is to be blamed? Quite a few RTI cases demand information from religious bodies. • Private companies do not fall under RTI, which is a problem for many people. We received a query demanding call recording of a TataSky customer support call. Unfortunately, private companies are not required to answer RTI questions. • RTI Registration number : MHOME/R/2016/50729: Applicant : Ajay Kumar Information sought: I am concerned about the readiness of our government in the event of an invasion by Aliens Zombies and Extradimensional beings . 1. What are our chances against them? 2. What means does the ministry of Home affair have at its disposal to defeat them? 3. Can we do it without Will Smith? The government promptly replied that information that is available can be shared under RTI . Since no info about hypothetical situations is available, it cannot be given. This has to be the most polite reply given under the RTI act! • The applicant, a resident of Ahmedabad, had sought information about Mahatma Gandhi, some of the former Presidents of India and other Ministers asking for their correct date and time of birth, their blood group and above all their IQ. • How many bullock cart tracks are in Delhi? How many trees in the capital are green and how many are dead? How many cups of tea are consumed by the police personnel? • Where did the laddoos go ? A UP girl sent the erstwhile President George Bush some laddoos for 'Raksha bandhan'. Either he ate them and forgot about them, or his Secret Service did. Either way, she didn’t get a thank you mail. Our brave girl then approached the National Human Rights Commission to take action! A UP girl asked NHRC on why 'ladoos' sent by her to US President George W. Bush on 'Rakshabandhan' never reached him and requested the commission to take appropriate action. • In January 2010, a 47-year-old man from Kutch, Gujarat, requested the Tamil Nadu state information commission to provide him information on life partner for marriage from any govt department. • How much maggie was wasted during its ban? • Please send sarkari wife! A 47-year-old man asked the Tamil Nadu state information commission to let him know about a suitable life partner working at any government department. • Who made you Bapu? A class VI girl asked if MK Gandhi ever got an actual ‘Father of the Nation’ title. What was even more awesome was that this was in 2012, when the Congress party was in power. The question went to the PMO, the Ministry of Home Affairs (MHA) and then to the National Archives of India– no one had an answer. • Perhaps this is who people on Twitter refer to as ‘chaddi warriors’! An activist protested by stripping naked at a convention where former PM Manmohan Singh was speaking, and then filed an RTI asking the PMO if they needed to approve his brand of underwear! • Someone asked about how much tea is used in Indian Army on daily bases. • Haryana Police: Wives of Haryana Police officers filled a series of RTIs, asking for the information related to the salary of their husbands and what are there duty timings. • RTI revealed how the President Pratibha Patil tried to construct a retirement home out of govt. funds much in excess of her entitlement. It also revealed the hundreds of crores spent on her foreign travel which had little impact on the future of India. • Hindi, not a national language: Court Gujarat High Court has observed that though majority of people in India have accepted Hindi as a national language, there was nothing on record to suggest that any provision has been made or order issued declaring Hindi as a national language of the country. The observation was made by division bench of Chief Justice S.J. Mukhopadhaya and justice A.S. Dave recently while rejecting a Public Interest Litigation (PIL) by one Suresh Kachhadia. Mr. Kachhadia had filed the PIL last year seeking direction to Central and State government to make it mandatory for manufacturers to print details of goods like price, ingredients and date of manufacture in Hindi. The court observed, “Normally, in India, majority of the people have accepted Hindi as a national language and many people speak Hindi and write in Devanagari script but there is nothing on record to suggest that any provision has been made or order issued declaring Hindi as a national language of the country.” “No mandamus can be issued on any manufacturer or others for giving details or particulars of package in Hindi in Devanagari script,” it further said. It was contended by Mr. Kachhadia’s lawyer that Hindi was the national language and was understood by a large number of persons in the country. The Counsel representing central government submitted that specific provision has been made under the Standard of Weight and Measures (Packaged Commodities) Rules of 1977 that particulars of declaration should be in Hindi in Devanagari script or in English. The court said that the Constituent Assembly while discussing the Language Formula noticed the recommendation of the Sub-Committee on Fundamental Rights, which recommended the formula as per which, “Hindustani, written either in Devanagari or the Persian script at the option of the citizen, shall, as the national language, be the first official language of the Union. English shall be the second official language for such period as the Union may, by law, determine.” However, in the constitution, Hindi was declared as an official language and not a national language. The court in its order said Part XVII of the Constitution deals with Official Language. Under Article 343, official language of the Union has been prescribed, which includes Hindi in Devanagari script and English. • Highest number of Indian prisoners are in Saudi Arabia: As many as 6,569 Indian nationals are currently lodged in prisons of 67 foreign countries, including 254 in Pakistan reveals a RTI query. The Arab countries topped the list with Saudi Arabia (1691), Kuwait (1161) and UAE (1012), according to the information provided by the MEA on April 22 to lawyer and RTI activist DB Binu. Italy has 121 Indian prisoners. The list also showed that UK has 426, USA 155, China 157, Bangladesh 62, Afghanistan 28, Bahrain 18 and Nepal 377 Indian prisoners. • IIM reveals admission criteria: Despite an impressive percentile Vaishnavi Kasturi, a visually-impaired student, in 2007 was denied a seat in the Indian Institute of Management in Bangalore, one of the country’s premier management institutes. She then filed an RTI application to request the institution to disclose the admission process. Though Vaishnavi did not get admission in any of the IIMs, her doubts over admission procedure were clarified. In a response to the query, the Chairman said “CAT scores are just one-fifth of the criteria for admissions. Forty per cent weight age is given for class X, XII and bachelor's scores. Work experience is given weight age too but it’s mostly performance in the group discussion and interview that counts which is up to 35 per cent, plus 5 per cent weight age is there if you have done a chartered accountancy course.” • The national anthem of India does not contain the word - "Sindh" - since 1950. Prof. Shrikant Malushte, a retired professor, challenged the word "Sindh" in the national anthem of India on the following grounds: "When Rabrindranath Tagore's poem was adapted by the Constituent Assembly in 1950 as the national anthem, the word 'Sindh' was replaced by 'Sindhu' considering the fact that the region was part of Pakistan partitioned from India. The newly replaced word Sindhu denotes the river that originated in Pakistan but flows through the Indian valleys," said 75-year-old Shreekanth Malushte. However, despite the correction made by the Constituent Assembly, the government continued to prescribe the original poem written by Tagore, leading to a situation where the anthem was sung in two versions[1]. Prof. Shrikant then availed the RTI Act and obtained papers from the Ministry of Home Affarirs which confirmed that the correct version of the national anthem had the word 'Sindhu'[2]. He then moved the Bombay High Court that agreed with his observations and said that 'Sindh' in national anthem is probably a mistake and directed the center to provide its point of view. However, in 2005, the Supreme court had dismissed a similar case by mentioning that the authentic text contained "Sindh". Therefore, eventually the Bombay High court decided that 'Sindh will remain in the national anthem' • You know there's money being flushed down the toilet - or the Ganga, when startups can build empires from bedrooms, and yet a single 'Clean Ganga' meeting costs over 40 lakh Rupees. That was the budget for a single Vigyan Bhawan meeting by the Modi government's high level team to clean the Ganga! This was revealed through by RTI application. They've somehow managed to spend Rs 75,000 on "floral decorations"- and here's the other math: Meetings and accommodation of guests: Rs 26.7 lakh Officials' travel: Rs 8.8 lakh Advertising the event: Rs 5.1 lakh. Other arrangements: Rs 2.3 lakh Actually cleaning the Ganga: JEERO! • If the legal age of a Man to get sexually active is 18 years and the legal age for him to get married is 21... Then what are we actually suggesting he should do these 3 years? • Now if the legal age for a Man to get married is 21 years and the legal age for him to start drinking is 25 years... then how do you suggest he survives the first 4 years of marriage??? • The most awkward RTI demanded copies of all RTIs filed in the country and their replies. 1. https://www.quora.com/What-are-some-of-funny-question-asked-by-RTI-applicant 2. https://www.quora.com/What-are-some-of-the-weirdest-silliest-RTI-requests-made-in-India 3. https://www.quora.com/What-are-some-interesting-RTI-questions-asked 4. http://indianexpress.com/article/india/india-news-india/prime-minister-narendra-modi-right-to-information-act-rti-application-2922517/ 5. https://www.quora.com/What-are-some-of-the-weirdest-silliest-RTI-requests-made-in-India 6. http://www.ndtv.com/offbeat/is-india-prepared-for-a-zombie-apocalypse-rti-asking-this-goes-viral-1464688 7. http://www.outlookindia.com/news/article/bizarre-rti-query-what-is-mahatma-gandhi-iq-level/708015 8. http://www.firstpost.com/living/many-trees-green-many-cups-tea-drink-bizarre-rti-queries-sent-delhi-police-2026359.html 9. http://economictimes.indiatimes.com/slideshows/consumer-legal/6-funniest-rti-applications-filed-in-india/slideshow/39658972.cms 10. http://www.bangaloremirror.com/bangalore/crime/He-seeks-answers-from-the-god-of-big-things/articleshow/45461478.cms 11. http://www.thehindu.com/news/national/Hindi-not-a-national-language-Court/article16839525.ece 12. https://www.oneindia.com/2012/08/14/august-15-not-a-national-holiday-home-ministry-1053692.html 13. https://www.quora.com/What-are-the-greatest-truths-that-RTI-Right-to-Information-Act-India-revealed 14. http://articles.timesofindia.indiatimes.com/2011-09-08/mumbai/30130317_1_national-anthem-sanjeev-bhatnagar-word 15. https://www.indiatimes.com/culture/who-we-are/these-are-the-most-ridiculous-rti-petitions-filed-in-india-228214.html 16. https://www.storypick.com/funny-rti-application/
  7. 2 points
    RTI applicants face the problem of language of reply, especially if the information is sought from other states. I had sought information from BBMP [municipalcorporation] Bengaluru and had requested that information be supplied in English. However, I received a reply in Kannada and I had to email to my relative to translate it. I append below relevant extract from a judgment of High Court of Uttarakhand. I infer that information supplied in language which the applicant does not understand is no information. PIO should supply either in English, Hindi or State language of PIO as per the choice of the applicant. Recently, in Gujarat entire land acquisition process was declared invalid because notices were published in Gujarati newspapers, but notices were in Hindi which most of the affected farmers do not understand. I hope this will be useful to applicants. LANGUAGE OF REPLY.doc
  8. 1 point
    कानून जिसे इंसानों की रक्षा के लिए बनाया गया है उसी कानून को बड़े बड़े अधिकारियों द्वारा नेताओं मंत्रियों सांसदों विधायकों और माफियाओं का गुलाम बनया जा रहा है सूचना का अधिकार अधिनियम 2005 में पारित हुआ जिसे आम आदमी का अधिकार कहा जाता है ये कानून इस लिए बनाया गया ताकि भ्रष्टाचार पर अंकुश लगाया जा सके मगर आज स्थिति ऐसी हो गई है कि यूपी जैसे राज्यों में इसका कोई प्रभाव नहीं है आज भी यहां सूचना मिल पाती और अगर किसी ने संसद विधायक या किसी अधिकारी से संबंधित सूचना मांगने की कोशिश करता है तो उसे डराया जाता है उसको और उसके परिवार को झूठे केस में फंसाया जाता है इस सबके बावजूद आरटीआई कार्यकर्ता को सूचना नहीं दी जाती 1st अपील करो या सेकंड अपील करो कोई फायदा नहीं होता ये तो कहा जाता है कि हम लोकतंत्र में जी रहे हैं लेकिन हालात उसके उलट हैं ऐसा लगता है जैसे हम गुलामी में जी रहे हों सच को सच नहीं बोल सकते गुंडागर्दी अपने उरूज पर है और हमारे मंत्री से प्रधान मंत्री तक इन गुंडों को फॉलो करते हैं ये गुंडे बे लगाम हो गए हैं और पोलिस अधिकारी प्रधान मंत्री बन बैठे हैं आम आदमी पोलिस से सवाल नहीं कर सकता अगर पोलिस के पास जाना है या कोई शिकायत करनी है तो जेब में पैसा हो या साथ में दलाल हो तब ही पोलिस आपकी सुनेगी मैं यूपी के जनपद बांदा का रहने वाला हूं जनपद बांदा के थाना चिल्ला में पुलिस की लापरवाही और गुंडागर्दी थमने का नाम नहीं ले रही है यहां माफिया पुलिस को अपनी जेब में बंद रखते हैं यहां रेत माफिया का बोल बाला है 25 जनवरी 2018 को सादी पुर की बालू खदान चालू हुई खदान का रास्ता लौमर की सड़क से दिया गया जो की सरासर नाजायज है गांव वालों ने इसका विरोध किया अपनी सड़क बचाने के लिए गांव वालों को भारी कीमत चुकानी पड़ी चिल्ला थाने के प्रभारी श्री राकेश सरोज साहब ने गांव के 55 लोगों पर मुकदमा कायम कर दिया 7 नवजावनो पर डकैती का मुकद्दमा और 12 लोगों पर गुंडा एक्ट लगा दिया डकैती और गुंडा एक्ट मुकद्दमा उन लोगों पर लगाया गया जिनके खिलाफ पूरे देश में कहीं भी एक शिकायत या एफ आई आर तक नहीं है । अब आप सोचेंगे कि ऐसा क्यों हुआ पुलिस कि क्या दुश्मनी थी वो ऐसा क्यों करेगी तो उसका सीधा जवाब है कानून बिक रहा है और कानून के रखवाले उसे बेंच रहे हैं यहां इंसाफ नहीं है अगर भ्रष्टाचार को रोकना है तो सबसे पहले पुलिस विभाग में बदलाव लाना होगा सिस्टम को बदलना होगा उदाहरण के तौर पर में आपको अपनी एक कहानी बताता हूं मैंने चिल्ला पुलिस की शिकायत एसएसपी बांदा को किया एसएसपी साहब ने उसी अधिकारी को जांच करने के आदेश दिए जिसे मैंने आरोपी बनाया था अधिकारी ने एसएसपी को दी गई अपनी रिपोर्ट में ये लिखा कि शिकायत निराधार और गलत है मुझे यही उम्मीद थी चोर कभी नहीं बोलता की उसने चोरी कि है फिर मैंने डीएम बांदा और डीआईजी चित्रकूट आईजी आलाहाबद डीजीपी यूपी को पत्र लिखकर इस बात की शिकायत कि उन सभी ने भी एसएसपी को आदेश दिया कि इस प्रकरण की जांच की जा य और एसएसपी ने वापस उसी अधिकारी को जांच सौंप दी फिर वही रिपोर्ट कि ये शिकायत निराधार और गलत है फिर मैंने सीएम यूपी और पीएम भारत को पत्र लिखकर इंसाफ की मांग की उन्होंने भी वही किया जो अभी तक होता आया है पीएम ने सीएम को सीएम ने डीजीपी को डीजीपी ने डीआईजी को और डीआईजी ने एसएसपी को और एसएसपी ने वापस उसी अधिकारी को जांच सौंप दिया मजाक बना कर रख दिया है इन लोगों ने ऐसा लगता है कि कानून है ही नहीं बाकी कल पढ़ें
  9. 1 point
    Why Indian “Secularism” Is So Distorted ? Indian intelligentsia and media are in love with the word “secularism”; it is taken as a sign of being liberal and progressive. But when you look at their discourse, you soon begin to see signs of their empty brains. Whenever they pretend to be championing the cause of ‘secularism’, they are either deriding Hindus by calling them communal or pretending to be the advocates of minorities (for all practical purposes, minority in India mostly means the Muslim community and occasionally the Christians). If you ask me, “Are there no other minority ‘religions’ in India?” I will have to just laugh out loudly at your ignorance! Because you don’t know what ‘religion’ is – and if you don’t know what is religion, you can’t understand what is secularism! Both are 100% western inventions. But looking at how media intellectuals and politicians use the word ‘secularism’, it is clear that they haven’t the least idea what they are talking about or why the West had to coined this word! Come election time, and the word ‘secular’ gets into the mouth of every politician – each one trying to be a bigger ‘secular’ than the other! Being a western concept, therefore, the idea of ‘Secularism’ needs to be put into the right perspective. Contrary to popular belief in India, secular and communal are not each other’s opposite. Communal as not such a bad thing, it simply means something ‘related to a community’. A community can be any group of people; not necessarily people belonging to a single religion. In Germany, local body elections are called “communal elections”. So, next time when you are hear Laloo or his opportunist buddy Nitish Kumar saying that “all secular forces should unite in the Grand Coalition against the Communal BJP and super communal Modi” you should laugh out loudly! Because what they are saying is totally ridiculous! Even their ‘secular’ buddy, Italy born Sonia, is as illiterate when it comes to secularism. In fact, she should have known better because it was her mother-in-law Indira who inserted this word into the Constitution. But as we all know, during her 10 years of UPA government she proved to be just a mediocre power hungry politician like any Laloo, Pawar or Nitish. Anyway, her only strength in politics comes from the Nehru family connection that unites sycophantic and sub-mediocre submissive Indians into the Congress Party. It is sad that Sonia and her Son appear to be taking the once prestigious party, connected with India’s independence, to slow death. Leaving the Congress obituary for the right time, let’s get back to Secularism. ‘Secular’ is Opposite of ‘Religious’ Secular is something non ‘religious’. For the context of this article, being ‘religious’ refers to Christianity, which is a well-organized, dogmatic faith that claims to be the Only Keeper of the ‘Truth’, revealed by God himself through his Son Jesus. And, briefly, what truth did Mr God reveal? He revealed that you as a human are a born sinner – here you must recall the fairly tale of Adam and Eve and their fall to temptation. Then around 2000 years ago he felt mercy on the ‘humans’ – the sinners – and sent his son Jesus to salvage them from their sins by dying on the Cross! After the act, Jesus again became alive and went back to his Father God in the Heaven, somewhere up in the sky. Yes, this is the revealed Truth, the ONLY Truth !! So if you want to get rid of your label of ‘sinner’ you can take benefit of Jesus’ ‘sacrifice’ by becoming a Christian. Else, you, on some future Judgement Day you will be sent to eternal hell! This is the ONLY divine truth! And you must believe in it and become the privileged Christian and feel obliged (or guilty) that Jesus Died for your sins !! So, shut your mouth as well as the brain – and just Believe. Being a ‘believer’ is enough to salvage yourself from all your sins! Even if you are not a Christian, you may ask – so what is wrong in believing in this story? There is absolutely nothing wrong in believing in this story or some other story! The problem cropped up when the story is imposed on people as the ONLY TRUTH by the State, which traditionally has also been the Christian Church in Europe. It is a big problem when you are asked to believe in this story alone, and nothing else. In effect, you are asked to live as if you are a brain-dead man or surrender your rational mind and its reasoning ability. Christian clergy (or Church) had assumed the role of the State in the West almost since Christianity was born, and it was dictating so-called holy laws under the fear of punishment. Torture and death were common for disobeyers or those who dare question the authority of the Church. It demanded a ‘shut-minded’ adherence to whatever it said in the name of the ‘holy god’. Therefore, rational and free thinking people had to remain silent for fear of punishment. People had no choice of questioning the imposed belief or to express opinion different from it. This was the PROBLEM. In nutshell, faith is not a problem; discriminating on its basis or imposing it is the PROBLEM. Need to Separate Church and State brought “Secularism” 350 years ago ! Thus, for centuries, the Church played the role of the State and demanded absolute unquestioning surrender to its dictates from the masses – in the name of religion. But things started to change around 350 years ago as scientific discoveries began to emerge that demanded free, open and rational thinking – and dogmas and blind beliefs were seen as barriers to human progress. Thus, more and more Europeans started to speak against the dictates of religion. Many faced punishments in various harsh ways, we can’t even image now. But slowly the idea that reason and rationality (not blind and imposed religious beliefs) should guide society gained ground. It ultimately led to the demand for separating the State and the Church. This separation is called SECULARISM. It was born out of the need to get away from Church imposed blind beliefs and shut-minds. Today, most western democracies are ‘secular’. Religious (Christian) beliefs don’t dictate state policies, although most western democracies still grant Christianity preferential treatment. For example in Germany, the Constitution guarantees that the Christian doctrine is taught in government schools. However, Muslims appear to be moving in just the opposite direction – always ready to put political power in the hands of their Maulwis and Mullah. In fact, for the extreme Islamic cults progress only means one thing: living like Arab tribes of 7 century in the modern 21st century world! Nothing can be more unfortunate for humanity than this. Indian Situation is Different The situation in India has been entirely different. India never had a faith based governance that imposed pre-defined dogmas and beliefs on people and to punish them if they did not blindly follow them. In India the vedic knowledge, by its very nature, does not stifle rationality. On the other hand, it encourages open thinking and enquiry to find one’s own path to Moksha (Liberation). Hindu philosophy accepts that people can choose their own path to realise the same ultimate truth – which is experiential. It is fully liberal and allows Hindus full freedom to use their minds. Nothing is ever imposed on Hindus – in the name of Ultimate Truth. In must be stressed that Hinduism is entirely a different philosophy than dogmatic religions of the West. It is a Dharma based life philosophy that evolved spontaneously and collectively through the experiential knowledge of ancient Rishis, sages and ascetics who aimed to realise full liberation. Their focus was always on reason, intuition and direct experience. So, people followed a multitude of paths according to their conscience. Their efforts were always about living in the right way or doing the right thing at the right time. Their faith was all about reverence for the One Universal Consciousness that permeates all life and all existence. Therefore, everything that exists in nature became the object of reverence – the rivers, trees, mountains and living creatures. This gave rise to the concept of non-harming and peaceful coexistence. So, people in India traditionally lived in an open environment, believing in different beliefs and rituals was a normal way of life. Arrival of Christians and Muslims Changed the Situation However, arrival of Christianity and Islam changed this open atmosphere. Drilled to believe in the ‘only truth’ revealed by their ONLY god or allah they despised and ridiculed the good natured Indian people who considered the whole world as a one big family. For their Dharma based thinking it was a strange thing to look down upon people who held different beliefs. Trained to think that good moral conduct makes good human beings, they found it weird when told that mere believing in Jesus or Mohammad – or someone else for that matter – makes people superior. They also could not understand how it is right to kill another human being just because he believes in a different path. Islamic invaders from Central Asia brought the ‘religious barbarism’ to India when they slaughtered countless Hindus simply because they were ‘Hindus’ (which is actually a geographical term) and believed in a different faith. It was totally unbelievable for them to see merciless killings in the name of god and then the shouts of “Allah is Great! Guru Nanak had left a graphic testimony describing how bad the situation was. Nothing much has changed in the 21st century as far as the basic Muslim mindset is concerned. Here are typical pieces of wisdom from the mouths of some Indian Muslimsthat shows what they feel about Hindus. Voltaire, who opposed the stranglehold of the Church in Europe, had accurately observed, “Those who can make you believe absurdities, can make you commit atrocities”. Thus, under the centuries of Mughal rule Hindus had to remain low for fear of life. But arrival of the Christian brained British and missionaries also brought similar oppression. They imposed Macauley education system designed to create Indians suitably trained to carry out clerical work for the British administration; it further cut them off from their traditions. This naturally took a toll on their self-esteem. Even today, this low self-esteemed mindset is evident in the English educated class – who ‘naturally’ think that good things only come from ‘foreign’. It is obvious to the outsiders, though it may not be clear to the persons concerned. Swami Vivekananda tried to instil confidence in the people of India but his efforts failed to impact this brown English class of people. Nevertheless, it is a big achievement that Hindu Dharma survived through all these centuries of mental slavery. In fact, it should have started to flourish in ‘independent India’ but politics of ‘brown Englishmen’ continued to give priorities to Muslims and Christians, leaving Hindus still feeling inferior and left out on their own ancient land! India’s Secularism is Utterly Nonsense After Independence, Muslims and Christians pushed for special civil laws and other benefits in the name of religion. Such laws were squarely against the spirit of Secular India. Long used to adjusting with others Hindus, however, never made any demand in the name of religion, nor dictated any term to the Indian state. So, it is mysterious why the word ‘secular’ was added to the Constitution of India in 1976 – almost 30 years after the British departure. Perhaps the most plausible explanation is that it was to assuage the faith-based fear psychosis among Christians and Muslims looking at the awe inspiring high population of Hindus. But even after adding this word in the Constitution, things remained the same. The Congress government remained eager to give benefits to just these two dogmatic religious communities. Ironically, if the concept of secularism is to be applied, it applies only to these two faiths! Rest of the Indians don’t practice ‘religion’; they practice Dharma based life philosophies like Buddhism, Jainism, Sikhism and so on. None of these faiths divide people into believers and non-believers or discriminate against those hold different beliefs. They also don’t go on Conversion Spree to pop up their numbers like the Christians and Muslims do. Therefore, logically speaking after the word ‘secular’ was added in the Constitution it should have been the burden of Muslims and Christians to prove that they are secular – and all their demands in the name of religion should be declared unconstitutional. But what actually happened was silly and ridiculous – and this sick comedy still continues. The word ‘Secular’ got an entirely new and unusual meaning in India. Today, secularism has come to mean championing the interests of Christians and Muslims in the name of religion. Quite often the concept of secularism gets further distorted: when it means calling Hindus ‘Communal’. These are pathetic display of ignorance: How can anyone call Hindus ‘communal’ when Hinduism is not a religion. It is really a sad irony and a serious distortion in the political discourse. Today, many Hindus wonder: Partition of united India gave Pakistan to the Muslims, in the name of religion. What did Hindus get? “A ‘Secular’ State where all preferential treatment goes to the Muslims and Christians.” Can someone explain why “Secular India” gives Haz subsidy to the Muslims (when even Muslims call it un-Islamic!)? And why 2 MPs are nominated from the Christian community to ensure their representation in the Indian parliament? How long Hindus will continue to remain unassertive on their own ancient land – even after the so-called ‘freedom’ in 1947 !! In fact, soon after August 1947 Hindus should have been demanding apology and compensation for the centuries of occupation and injustice done to them both by the Muslims and Christians during the Mughal and colonial periods. Can you imagine the Jews giving special privileges to the Germans in Israel? I just hope that Hindus soon start thinking of uniting themselves and shake off the slave mindset resulted from centuries of Islamic and British exploitation. They need to learn from the Jews, Germans and Japanese how to take pride in their ancient culture and way of life. Looking at the rise of global Islamic terrorism and terrorist sympathisers, the 100 crore Hindus have the sole responsibility to protect India and keep vigil on separatist forces whose loyalty lies in foreign lands. There must not be another 1947 in the 21st century; no ‘another Pakistan’ in the name of Islam. https://socialissuesindia.wordpress.com/why-indian-secularism-is-so-distorted/
  10. 1 point
    WHAT AFTER DECISION BY CENTRAL/STATE INFORMATION COMMISSIONER There are large number of instances, where the State Information Commissioners are passing orders contrary to the spirit and object of RTI Act and contradicting the laid down procedures. Another issue is the Public Authorities did not comply the decisions of CIC/SIC and the Information Commissions are not strict about enforcing penal provisions under section-20. The Information Seekers feel they were pushed to dead end. There is a common feeling that no appeal lies against decision of State Information Commissioner. Let us examine it. There is also a general notion that Courts have no jurisdiction to entertain challenges arising out of RTI Act. This is not correct. The bar provided under Sec.23 of the Act is specific to entertaining suit, application or other proceedings by lower courts. There is no bar in approaching Supreme Court under Article-32 and High Courts under Article-226 of the Constitution of India. Another aspect is the jurisdiction of individual Information Commissioners to pass binding orders. Sec-19(7) of the Act states that decision of Central Information Commission or State Information Commission, as the case may be, shall be binding. This does not mean that decision is not appelable. The wording of Sec-19(7) denote the decision of the Commission and not the Commissioner. The Commission consists of the Chief Information Commissioner and Central Information Commissioners or State Chief Information Commissioner and State Information Commissioners. The decision of the Central Information Commissioner or State Information Commissioner, as the case may be, cannot be said to be the decision of the Central Information Commission or State Information Commission. The constitution of the Central Information Commission and State Information Commission are defined u/s 12(2) and 15(2) respectively. Section-19(9) provides that Central Information Commission or State Information Commission, as the case may be, shall give notice of its decision, including any right of appeal, to the complainant and public authority. Thus, the legislative intent is amply clear that a right to appeal accrue in favour of Applicant and Public Authority against the decision of Central Information Commissioner / State Information Commissioner. It is pertinent to note that under section-15(4), the general superintendence, direction and management of the affairs of the SIC shall vest in the State Chief Information Commissioner.....etc. In this view this, if the order of the Central Information Commissioner / State Information Commissioner is patently illegal and not in conformity with the provisions of the Act, an appeal can be filed before the Central Information Commissioner / State Chief Information Commissioner for consideration and adjudication by the Central Information Commission / State Information Commission. Section-19(8)(b) provides that the CIC or SIC has powers to require the public authority to compensate the complainant for any loss or other detriment suffered. Consumer courts can also be moved to seek compensation. In addition, the Appellant can also file Complaint under Section-18 before the Commission with specific prayers. Delhi High Court vide decision dt: 28/10/13, distinguished Sec-18 and 19(3) and held that - it is expected that the Commission (CIC) henceforth will decide the complaints on merits instead of directing the CPIO to provide the information which the complainant had sought (see copy of judgment attached below) After disposal of Appeal u/s 19(3) and/or Complaint under sec-18(1) of the Act, the applicant can challenge the orders of the Information Commission by filing writ petition under Article 226 of the Constitution of India. Also read: Appeal -vs- Complaint
  11. 1 point
    Of late defiance of orders of Information Commissioners has become rampant. The only remedy with the information seeker is to lodge a complaint with Chief Information Commissioner, who routinely issues another order for compliance that too after a delay ranging from 6 to 36 months depending upon efficiency and pendency of CIC/SIC. Commissions hardly invoke powers of Civil Court vested in it u/s 18.3 to ensure speedy compliance with its own orders. Hence I suggest that if after two months of filing complaint of non-compliance [with copy to PIO, FAA, and Head of public authority], as suggested in my separate article posted at http://www.rtiindia.org/blogs/338-non-compliance-orders-cic-sics.html, you do not get information or compliance, please send letter as per attachment, after making suitable changes to suit your case. It may sensitize the machinery. It is to be addressed to Chief /Principal Secretary heading ministry at Delhi under which public authority works for central govt information. In case of state govt information, it should be addressed to Chief/Principal Secretary of the Department which oversees the department of SPIO/PIO. Details are available on the website of Ministry or Department. ============ Download: NON COMP IC DECI - COMPT 2 GOVT.doc
  12. 1 point
    Critical Analysis of Supreme Court Judgements on the RTI Act, 2005 By Shailesh Gandhi, Former Central Information Commissioner Judgment : Reserve Bank of India Vs. Jaynatilal N. Mistry & Ors. (2016) 3 SCC 525 This is a landmark judgement given by Apex Court on 16 December, 2015 and it must be included since it is the first clear pro-transparency judgement after the advent of the RTI Act. A bench of Justice M.Y. Eqbal and C. Nagappan delivered the most significant judgment on the law and laid down standards of transparency in line with the letter and spirit of the RTI Act. The apex court was hearing a batch of transferred petitions filed by various financial institutions and Banks against eleven decisions2 of the Central Information Commission. Since the issues were similar the eleven cases were transferred from the Bombay and Delhi High Courts to the Supreme Court. Eight had been filed by RBI, two by NABARD and one was filed by ICICI Bank. As per the RTI Act denial of information is permitted only if it falls in the ambit of Section 8 of the Act, or providing the information infringes copyright. A few organizations which are security and intelligence agencies specifically mentioned in the second schedule to the Act are completely exempted, unless the information sought relates to corruption or human rights violations. The Act is complete by itself and to obviate the possibility of any laws circumscribing this fundamental right of citizens, Section 22 states: “The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923, and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.” Insertion of a non- obstante clause in Section 22 of the RTI Act was a conscious choice of the Parliament to safeguard the citizens’ fundamental right to information from convoluted interpretations of other laws adopted by public authorities to deny information. The presence of Section 22 of the RTI Act simplifies the process of implementing the right to information both for citizens as well as the PIO; citizens may seek to enforce their fundamental right to information by simply invoking the provisions of the RTI Act. To understand this, two scenarios may be envisaged: 1. The existence of an earlier law/ rule whose provisions pertain to furnishing of information and is consistent with the RTI Act: Since there is no inconsistency between the law/ rule and the provisions of the RTI Act, the citizen is at liberty to choose whether she will seek information in accordance with the said law/ rule or under the RTI Act. If the PIO has received a request for information under the RTI Act, the information shall be provided to the citizen as per the provisions of the RTI Act and any denial of the same must be in accordance with Sections 8 and 9 of the RTI Act only; and 2. An earlier law/ rule whose provisions pertain to furnishing of information but is inconsistent with the RTI Act: Where there is inconsistency between the law/rule and the RTI Act in terms of access to information, then Section 22 of the RTI Act lays down that it shall override the said law/ rule and the PIO would be required to furnish the information as per the RTI Act only. The Supreme Court has reinforced the correct position of the law. Section 8 of the RTI Act, which details information which can be denied states: 8. (1) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen,- (a) information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence; (b) information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court; (c) information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature; information including commercial confidence, trade (d) secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; (e) information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; (f) information received in confidence from foreign government; information, (g) of which would the disclosure endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; (h) information which would impede the process of investigation or apprehension or prosecution of offenders; (i) cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; (i) information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information, which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. (2) Notwithstanding anything in the Official Secrets Act, 1923 nor any of the exemptions permissible in accordance with subsection (1), a public authority may allow access to information, if public interests in disclosure outweigh the harm to the protected interests. (3) Subject to the provisions of clauses (a), (c) and (i) of subsection (1), any information relating to any occurrence, event or matter which has taken place, occurred or happened twenty years before the date on which any request is made under section 6 shall be provided to any person making a request under that section: Provided that where any question arises as to the date from which the said period of twenty years has to be computed, the decision of the Central Government shall be final, subject to the usual appeals provided for in this Act. The main points of information which were being denied in the matters before the court were: 1. Investigations and audit reports of banks by RBI 2. Warning or Advisory issued to Bank. 3. Minutes of meetings of governing board and directors 4. Details of Top defaulters. 5. Grading of banks In the instant case one of the grounds for denial was that information could not be disclosed as per the Banking Regulations Act. The other grounds on which refusal of information was justified was on the basis of Section 8(1) and the fact that the impugned judgments issued by a single member bench of the commission had disagreed with an earlier full bench decision taken by a four member bench. The single member bench had held the earlier decision per incuriam. It was argued by RBI that the single member bench was bound to follow the earlier decision of the full bench. RBI had claimed exemption under Section 8(1)(a), (d) and (e) of the RTI Act and also argued that there was no larger public interest in disclosure and hence did not fulfil the requirement of Section 8(2). It had claimed that the economic interests of the state would be adversely affected by disclosure. It was also stated that the commercial interests of the banks would be affected. The most insistent claim for exemption was that the information was held by RBI and NABARD in a fiduciary relationship. The Apex court did not accept any of these grounds. It held in para 43: “The submission of the RBI that exceptions be carved out of the RTI Act regime in order to accommodate provisions of RBI Act and Banking Regulation Act is clearly misconceived. RTI Act, 2005 contains a clear provision (Section 22) by virtue of which it overrides all other Acts including Official Secrets Act. Thus, notwithstanding anything to the contrary contained in any other law like RBI Act or Banking Regulation Act, the RTI Act, 2005 shall prevail insofar as transparency and access to information is concerned.” There have been many instances of PIOs,- including those of High Courts,- insisting that they will give information only on the basis of their regulations or earlier laws. This has now been settled the Supreme Court. The Supreme Court has recorded the contention of RBI that the single member bench could not have given a ruling contrary to that of a four member full bench of the commission. It has however upheld the decision of the single member bench since the commissioner had given logical reasons to show how the full bench decision was per incuriam. This opens the way for information commissioners to interpret the law as per its letter and intent, instead of being tied down by earlier decisions given in ignorance of the law, provided a proper reasoning is given. On RBIs contention that disclosure would harm the nation’s economic interest the court upheld the commission’s ruling and echoed in para 61: “The baseless and unsubstantiated argument of the RBI that the disclosure would hurt the economic interest of the country is totally misconceived. In the impugned order, the CIC has given several reasons to state why the disclosure of the information sought by the respondents would hugely serve public interest, and non-disclosure would be significantly detrimental to public interest and not in the economic interest of India. RBI’s argument that if people, who are sovereign, are made aware of the irregularities being committed by the banks then the country’s economic security would be endangered, is not only absurd but is equally misconceived and baseless.” A claim is often made that information given to regulators and statutory authorities in discharge of statutory obligations is held in a fiduciary relationship and hence is exempt as per Section 8 (1)(e) of the Act. The information commission had rejected this claim on the ground that information provided in discharge of statutory requirements cannot be considered as being held in a fiduciary relationship. The Supreme Court has reinforced this by stating in paragraph 62: “where information is required by mandate of law to be provided to an authority, it cannot be said that such information is being provided in a fiduciary relationship. As in the instant case, the financial institutions have an obligation to provide all the information to the RBI and such information shared under an obligation/ duty cannot be considered to come under the purview of being shared in fiduciary relationship.” The Court has taken note of the obstructionist and secrecy wedded PIOs response to RTI applications. It has expressed its strong disapproval of denying the citizen’s fundamental right in paragraph 64: “it had long since come to our attention that the Public Information Officers (PIO) under the guise of one of the exceptions given under Section 8 of RTI Act, have evaded the general public from getting their hands on the rightful information that they are entitled to”. This should serve as a warning and wake up call to all PIOs, First appellate authorities and information commissioners. If information commissioners penalize PIOs who are using every innovative pretext to deny information, it would reduce the unhealthy practices being adopted to deny information. This is a landmark judgment and all those responsible for implementing the RTI Act must imbibe the letter and spirit of this. A very heartening impact of this judgment was seen within a fortnight when Mr. Raghuram Rajan the then RBI Governor in his New Year message to bank officers for the year 2016 said: “It has often been said that India is a weak state. Not only are we accused of not having the administrative capacity of ferreting out wrong doing, we do not punish the wrong-doer – unless he is small and weak. This belief feeds on itself. No one wants to go after the rich and well-connected wrongdoer, which means they get away with even more. If we are to have strong sustainable growth, this culture of impunity should stop. Importantly, this does not mean being against riches or business, as some would like to portray, but being against wrong-doing. …... there is a sense that we do not enforce compliance. Are we allowing regulated entities to get away year after year with poor practices even though these are noted during inspections/scrutinies? Should we become more intolerant of sloppy practices at regulated entities, so that these do not result in massive scams years later? Should we haul up accountants who do not flag issues they should detect? My sense is that we need a continuing conversation about tightening both detection as well as penalties for non-compliance throughout the hierarchy….. Finally, we are embedded in a changing community. What was OK in the past is no longer all right when the public demands transparency and better governance from public organisations. …. Transparency and good governance are ways to protect ourselves from roving enquiries – everyone should recognise that an effective regulator has enemies, and like Caesar’s wife, should be above all suspicion.” However within three months RBI started playing a different tune and again refusing information which latter RTI applications sought on the same matter. The Supreme Court has given a clear unambiguous judgment on the RTI Act specifically with respect to Section 8 (1) (a), (e) and section 22 of the Act. It has castigated those who deny information by using Section 8 (1) without justification. The then Governor of RBI has also responded positively and the writer has confirmation that information has been provided as per the CIC orders. We should build on this to bring transparent and accountable governance for our nation. RBI is no longer willing to abide by the judgment and a contempt petition has been filed against it. It is unfortunate that RBI is taking an arrogant position on transparency and has now come up with a Non-Disclosure policy which they are labeling as a ‘Disclosure Policy’. About the Authors: Shailesh Gandhi is a first generation entrepreneur and a Distinguished Alumnus awardee of IIT Bombay. He sold his company to become an RTI activist. Shailesh was part of the National RTI movement which was involved in drafting the National RTI Act. He was convener of the National Campaign for People’s Right To Information. He used RTI and also trained many citizens and government officials in over 1000 workshops to use it. He is perhaps the only RTI activist to have been chosen as a Central Information Commissioner. He disposed a record of over 20,000 cases in his tenure of 3 years and 9 months, and ensured that most cases were decided in less than 90 days. He gave many landmark decisions on RTI, apart from organizing the first digital paperless office in the Commission. He is now at his home in Mumbai to further and deepen RTI to empower citizens to take effective participatory charge of their democracy. He is also passionately pursuing the cause of evolving ways for a time bound justice delivery system, and improving governance systems. Amongst many awards, he has been awarded the Nani Palkhiwala Civil Liberties award, and the MR Pai award. Sandeep Jalan is an Advocate, practicing in Bombay High Court and also in Subordinate Courts and Tribunals. He writes extensively on various legal issues. He has developed a website / Legal Referencer vakeelkanumber.com wherein the pressing issues of our society have been identified, with all probable legal remedies which may be pursued, are suggested therein, and followed by articulate legal drafts and procedure. He also write Blogs. http://commonlaw-sandeep.blogspot.in/ http://thepracticeoflawjalan.blogspot.in/ http://judgmentshighcourtsapexcourt.blogspot.in/ http://legaldraftsjalan.blogspot.in/ http://www.rti.india.gov.in/cic_decisions/CIC_SM_A_2011_001487_SG_15434_M_69675.pdf satyamevajayate.info/wp-content/uploads/2017/08/Analysis-of-Supreme-Court-judgments-on-RTI.pdf
  13. 1 point
    RTI FOR EPF ACCOUNT BALANCE A large number of information seekers approach RTI India Forum seeking help in filing RTI Application regarding the missing credit of EPF, lost transit case of EPF during transfer etc. RTI can be effectively used to obtain information in such cases as mentioned below: The following documents / information can be sought from the PIO. The employee himself can file RTI Application before the PIO of Employees Provident Fund Organization under whose jurisdiction the Employer Company falls. An RTI Application filed by any other person other than the employee himself will be rejected under Sec-8(1)(e). Therefore RTI Application must be filed by the Employee only. You can attach Employee ID Card as proof. Modify above item [1] & [3] suitably by removing bracketed portion given for your guidance. Opt form type Form-3A and Form-6A for Unexempted Establishments and Form-F7(PS) and Form-F8(PS) for Exempted Establishments. Application Fee is Rs.10/- payable by IPO or DD in favour of Accounts Officer, EPFO, …….. Also please read this link to file RTI APPLICATION for EPF transfer details : http://www.rtiindia.org/forum/blogs/raveena_o/2276-missing-epf-details.html RELEVANCE OF ABOVE INFORMATION The employer company has to file an Annual Return to the EPFO in Form 3A. Form-3A is Employee's Annual Contribution Card - showing monthwise recoveries towards EPF and Pension Fund in respect of a Member (employee) for one financial year. Form 3A shall have to be filed by the employer company with EPFO on or before 30th April of every year covering all employees subscribed to EPF till 31st March. It is nothing but like a copy of the Leger Account duly signed by authorized signatory of the Company. In case of Exempted Establishments, Form F7(PS) is required to be submitted by employer (for pension contribution only) instead of Form 3A. Similarly, Form-6 is required to be filed by the Employer Company to EPFO once in a year by 30th April,. Form No.6 is the Consolidated annual contribution statement : This form provides annual contributions of each member of the establishment. A vital form for compiling the annual Provident Fund statement of a subscriber. For Exempted establishments, Form F8(PS) is submitted. Form No.23 is the Annual PF slip issued by Regional Provident Fund Commissioner’s office, which outlines complete PF balance of an Employee as in end of Feb of the year, Including interest earned, refund of withdrawal during the year, withdrawal during the year and PF transfers received if any, Net balalnce in PF account.
  14. 1 point
    I am attaching list of successful consumer complaints at various District Consumer Forums. List of Decisions of Consumer Forum as of 20-01-2012 Hon’ble District Consumer Dispute Redressal Forums as under have ordered supply of information and compensation to applicants of RTI Act 2005: Decision dated 30.11.2011 of II Addl Bangalore in CC/1714/2011, Decision dated 19/05/2011 of Faridkot in CC/102/2011. Decision dated 09/11/2011 of Ludhiana in CC/ 662/2011. Decision dated 25/03/2011 of Tuticorin in CC/59/2010. Decision dated 29/04/2011of Vizianagaram in CC/ 116/2010 Decision dated 08/09/2011 of Mohali in CC/249/2011 Decision dated 28.05.2009 of IInd Addl. Bangalore in CC/162/2009. Decision dated 20/04/2010 of Mandi, H.P in CC/14/2009. Decision dated 21/05/2009 of Mumbai South in SMF/MUM/301/2009. Decision dated 24/05/2011 of Nizamabad in CC/41/2010 Decision dated 29/11/2011 of Pune in F/564/2010 Decision dated 07/01/2011 of Guntur in CC/204/2010 Decision dated 08/09/2011 of Mohali in CC/249/2011 Decision dated 29/12/2011 of Salem in C.C. NO.54/2011 Decision dated 03/02/2011 of Tuticorin in CC/57/2010 Decision dated 24/08/2011 of Medak in CC/10/2011 Decision dated 02/12/2010 of Nagpur Addl in CC No. 140/ 2010 Decision dated 27/12/2010 of Vizianagaram in CC/ 118/2010 Decision dated 21/01/2011of Vizianagaram in CC/ 124/2010 Decision dated 11/05/2011of Naupada in CC/ 08/2011 Decision dated 07/04/2011 of Coimbatore in CC/399/2010 LIST OF DECISIONS.doc
  15. 1 point
    Of late I am receiving messages seeking clarification as to how to calculate period within which information should be received, where other charges are payable. I clarify as under: Suppose an RTI application contains following types of queries: a. Queries which require no other charges: Information should be mailed within 30 days from the date of receipt by PIO. These queries should not be delayed for other charges payment. b. Queries pertaining to other public authorities: They should be transferred within 5 days of receipt by PIO to other public authorities. c. Queries which require payment of other charges: Following calculation has to be worked out to know if the information is supplied within the stipulated time of 30 days. No. of days from the date of receipt by PIO to date of dispatch of information minus no. of days from the date of dispatch of intimation to pay other charges to date of receipt of other charges = should not exceed 30 days. If this period exceeds 30 days, then applicant can claim refund of other charges through first appeal. This issue is clarified in section 7.3.a of RTI Act. Date of letter may differ from date of dispatch and hence envelopes should be preserved.
  16. 1 point
  17. 1 point
    How many times have you been asked to inspect the document when you have never requested? Ideally, if you have not applied for inspection of the document and the information requested is not voluminous, PIO should not ask the applicant to come for inspection of the document. PIO Acts that makes you hate RTI ACT But naturally, it is not the way. It is an easy way for PIO to first Get to know who is an actual RTI Applicant Intimidate the applicant by various means Evading the actual reply 1. Get to know who is an actual RTI Applicant: Many times the RTI Applicant belongs to the same department and many times he/she is unable to confront the Department by other official means. Those RTI applicants can easily be targeted by PIO by calling them for Inspection of Records under the RTI Act. 2. Intimidate the applicant by various means: Many times the PIO ends up in some important meeting and the applicant is forced to wait or reschedule the inspection. Considering Central Government Ministries in Delhi, it is very hard to travel from far off places to go for inspection of records. Further, if you happen to visit the Government Ministries, you end up in the queue for making pass at the main entry for hours. Those applicant who are genuinely are in search of information, ends up discarding his /per RTI quest. 3. Evading the actual Reply: The best use of calling for inspection is to ensure that an RTI Applicant do not get the desired information from the maze of files available. On a drop of a hat, the Government officials are notorious in creating part files. If they show you main file how do you decipher that information you are looking for is available in another file? 9 Suggestions we must try every Ministries and Departments should bring out: According to the RTI Act, 2005, clause 6(1), in many cases, persons who have applied for getting information, are intimated by the Public Information Officers to come and inspect the documents. The State Information Commissioner has objected to this in some cases. If the person has not applied for inspection of documents & the information he has requested is not voluminous, he should not be asked to come for inspection of documents. In such cases number of pages should be counted & the applicant should be informed to pay the prescribed charges. In cases where the information requested by the applicant is voluminous, he may be given a chance to see & inspect the documents and given copies of the requisite records by charging the prescribed fee. In cases where the applicant has applied for inspection of the documents or the information he has requested is voluminous, an index of all the documents should be prepared before he is called for inspection of the documents. Each page in the file must be numbered. Dates & timings should be intimated to the applicant before he is called. If these dates are not convenient to the applicant, he should be asked to get in touch with the Public Information Officer. The file numbers of the files in which the information requested by the applicant is available should be intimated. The File Index Register should also be shown where the relevant files are being created and PIO should mark each of the files in the index which are shown as part of the inspection. In case, on the date on which the applicant is coming, the concerned Public Information Officer has to go out of the office because of some important work, he should hand over the responsibility of giving documents for examination, to his colleague or assistant. The office telephone no. as well as the e-mail address of the PIO, should be intimated to the applicant. Do you have anything to add, please add in my blog comments? Thank You
  18. 1 point
    Dear friends, One of my very learned friends suggested me to express my views on each and every section of this portal. I generally do it but the area which requires more attention is sometimes under my preference. I thought again and again to this suggestion. Do you consider it a worthy idea? It is like tasting all the menu instead of eating the favourite one. Thanks for your response.
  19. 1 point
    The expression ‘public authority’ has been defined u/s 2 (h) of the RTI Act but the word ‘authority’ has not been defined under the said Act. In fact, the word ‘authority’ has not been defined under any law for the time being in force. Therefore, the word ‘authority’ requires to be construed as per the rulings of constitutional courts. It may be apt to mention that in Som Prakash Rekhi vs. Union of India (1981) 1 SCC 449, the Supreme Court observed as follows:- “27. Control by Government of the corporation is writ large in the Act and in the factum of being a Government company. Moreover, here, Section 7 gives to the Government company mentioned in it a statutory recognition, a legislative sanction and status above a mere Government company. If the entity is no more than a company under the Company law or society under the law relating to registered societies or cooperative societies you cannot call it an authority. A ration shop run by a cooperative store financed by government is not an authority, being a mere merchant, not a sharer of State power. ‘Authority’ in law belong to the province of power: ‘Authority (in Administrative Law) is a body having jurisdiction in certain matters of a public nature.’ Therefore, the ‘ability conferred upon a person by the law to alter, by his own will directed to that end, the rights, duties, liabilities or other legal relations, either of himself or of other persons’ must be present ab extra to make a person an ‘authority’. When the person is an ‘agent or instrument of the functions of the State’ the power is public. So the search here must be to see whether the Act vests authority, as agent or instrument of the State, to affect the legal relations of oneself or others.” CENTRAL INFORMATION COMMISSION File No.CIC/SM/C/2011/001542 File No.CIC/SM/C/2012/000609 File No.CIC/SM/C/2011/001322
  20. 1 point
    Please be aware that the PIO's decision is not the final word in a given matter and that as a RTI Applicant you have an access to three tier hierarchical system by way of first and then second appeal under the RTI Act, as described below: > RTI Application u/s. 6(1) with the PIO, > Not received the information / not satisfied with information supplied by PIO / no decision by PIO, > File a First Appeal u/s. 19(1) with the concerned First Appellate Authority (FAA), > Still not received the information / not satisfied with decision of FAA / no decision by FAA > File a Second Appeal u/s. 19(3) with the concerned Information Commission. > Also please note that RTI Act also provides for filing a Complaint under section 18 with the concerned Information Commission.
  21. 1 point
    ZONE - I A – WARD, 134 – E, S.B.S. Marg, Fort, Mumbai – 400 001. Tel: (022) - 2266 1353 / 2260 7000 Extn: 7070 / 7022. B – WARD, 121, Ramchandra Bhatt Marg, Opp. J. J. Hospital, Mumbai – 400 009. Tel: (022) - 2378 0133, 23736622, 23794000 C – WARD, 76, Shrikant Palekar Marg, Off Chandanwadi, Marine Lines (E), Mumbai – 400 002. Tel: (022) - 22055450, 22014022, 22014000, 23424669 D – WARD, Jobariputra Compound, Near Shastri Hall, Mumbai – 400 007. Tel: (022) - 23861426, 23864000 E – Ward, Shaikh Hafizuddin Marg, Next to Byculla Fire Stn., Mumbai – 400 008. Tel: (022) – 23083695, 23081471, 23014000, 23081470 ZONE – II F / South Ward, Room No. 19, 2nd Floor, F/South Ward Office Building, Dr. B. A. Road, Parel, Mumbai – 400 012. Tel: (022) – 24134560 F / North Ward, Near Maheswari Udyan, Bhaudaji Marg, Matunga, Mumbai – 400 019. Tel: (022) – 24134560 G / South Ward, Near Deepak Cinema, N. M. Joshi Marg, Prabhadevi, Mumbai – 400 025. Tel: (022) – 24223741, 24305031, 24224000 G / North Ward, Municipal Office Building, Harishchandra Yalve Marg, Dadar (W), Mumbai – 400 008. Tel: (022) – 24397800 ZONE – III H / East Ward, Muncipal Office Building, Plot No 137, TPS 5, Prabhat Colony, Road No 2, Santacruz East, Mumbai – 400055 Tel: (022) – 26114000, 26182217, 26182218, 26182219, 26182839 H / West Ward, Behind Bandra Police Station, ST Martins Road, Bandra West, Mumbai – 400 050. Tel: (022) – 26444000, 26422311, 26432680, 26485399, 26455641, 26422314, 26513506, 26456466, 26418509 K / East Ward, Ganesh Gavatan, Next To Verma Nagar, Ramesh More Chowk, Azad Road, Andheri East, Mumbai – 400 069. Tel: (022) – 26847000, 26841924, 26837104, 26840103, 26830103, 26840986, 26834475, 26832006 K / West Ward, K / W Ward Office Building, 2nd Floor, Paliram Path, Opp. Best Depot, Andheri (W), Mumbai – 400 058. Tel: (022) – 26237932, 26239166, 26239131, 26239190, 26239499 ZONE – IV P / South Ward, Opp. City Center Mall, S. V. Road, Goregaon (W), Mumbai – 400 104. Tel: (022) – 28721186, 28722808 P / North Ward, 1st Floor, Liberty Garden, Malad (W), Mumbai – 400 064. Tel: (022) – 28826000, 28824269, 28823267, 28823266, 28824625, 28824711 R / Central Ward, Municipal Market Building, S. V. Road, Borivali (W), Mumbai – 400 092. Tel: (022) – 28912396, 28946000, 28931342, 28902343, 28902343 R / South Ward, R/South Ward Office Building, Mahatma Gandhi Cross Road No.2, Near S.V.P.Swimming Pool, Kandivali (West), Mumbai-400 067. Tel: (022) – 2805 6000, 28054788, 2806 5185 R / North Ward, Below Sangeetkar Sudhi Phadke Flyover Bridge, Jaywant Sawant Marg, Dahisar (W), Mumbai – 400 068. Tel: (022) – 2893 6000 ZONE – V L – Ward, 1st Floor, L. Y. Market Building, S. G. Barve Marg, Kurla (W), Mumbai – 400 070. Tel: (022) – 26505103, 26503104 M – Ward, 2nd Floor, Late Sharadbhau Acharya Marg, Near Natraj Cinema, Chembur, Mumbai – 400 071. Tel: (022) – 25284000, 25225000, 25281977, 25281994, 25285669 M / East Ward, Deonar Municipal Colony, Madhukar Tukaram Kadam Marg, Govandi West, Mumbai – 400 043. Tel: (022) – 25502270 ZONE – VI N – Ward, 1st Floor, Jawahar Road, Ghatkopar (E), Mumbai – 400 077. Tel: (022) – 25013000, 25010161, 25010162, 25010163, 25010164, 25010165, S – Ward, Near Mangatram Petrol Pump, L.B.S. Marg, Bhandup (W), Mumbai – 400 078. Tel: (022) – 2594 7571. 25954000, 25948588, 25947570, 25947845, 25947573, 25947574, T – Ward, Lala Devi Dayal Road, Mulund (W), Mumbai – 400 080. Tel: (022) – 2564 5291. 25694000, 25617410, 25645289, 25617264,
  22. 1 point
    Very encouraging step on the part of union Govt,similaraly we expect all the state Govt,s and judiciary of counrty will. issue similer direction for the broder and effctive implementation of Golden Law that is the RIGHT TO INFORMATION ACT..The Govtof india must be appreciated for this exempellary and positive decision.
  23. 1 point
    Please refer attachment which can be used while filing first or second appeal for denial of information quoting section 7.9 of RTI Act [Disproportionate diversion of resources] Disproportionate Diversion of Resources under RTI Act 2005 Section 7 (9) of RTI Act 2005 reads as under: In following cases it has been decided by CENTRAL INFORMATION COMMISSION, NEW DELHI that Section 7(9) of the Act does not provide ground for denial of information. 1. Decision No. CIC/OP/A/ 2009/ 000204-AD dated 12-01- 2010 2. Decision dated 12-03-2009 in appeal No.CIC/ WB/ A/ 2007/01042: 3. Decision dated 25.2.06 in appeal No.10/1/ 2005-CIC 4. Decision dated 26.3.2008 in appeal No.CIC/ WB/A/ 2007/00349 5. Decision dated 9.1.2009 in appeal No.CIC/ OK/ A/ 2008/01256 6. Decision dated 22.10.08 in Appeal No. CIC/ WB /A/2007/00528-SM 7. Decision No. CIC/OK/A/ 2008/ 01256/ SG/ 0937 dated 09-01-2009 Denial of information can only be under Section 8 (1) or Section 9. 8. Extract from Judgement dated 07-01-2010 of HIGH COURT OF JUDICATURE AT MADRAS in W.P.NO.20372 of 2009 and M.P.NO.1 OF 2009 Available at http://judis.nic.in/chennai/qrydisp.asp?tfnm=22544 9. Judgment dated 30-08-2010 of Hon’ble Kerala High Court in WP(C).No. 6532 of 2006(C) NOTE: Despite Office Memorandum N0.12/9/2009-IR dated 24-05-2010 of Department of Personnel and Training, Govt. of India, PIO cannot refuse information. He has to provide it in the form in which it is available. DoPT cannot amend RTI Act 2005. Gist: Thus section 7.9 relates to only form in which information has to be supplied. If supplying information in the form requested by the applicant does not disproportionately divert resources of public authority, then information has to be supplied in the requested form only. However, if there is a disproportionate diversion of resources to supply in requested form, then information has to be supplied in the form it is available without changing the form. PIO will have to justify how there is the disproportionate diversion of resources in changing form from existing form to requested form. For example, if the applicant has desired information in CD form and public authority is holding information in hard copies only, then CPIO has to supply in CD form if there is no disproportionate diversion of resources. However, if a large number of papers are to be scanned which may require huge resources [say by way of manpower etc] then PIO can supply in hard copies only and not in CD. Disproportionate diversion of resources can always be disputed by applicant by factoring probable expenditure in changing form and total annual administrative expenditure of public authority. Please also peruse:
  24. 1 point
    HOW CAN YOU BE BENEFITTED? If your ordinary application is long pending with any government dept/office or you are not getting satisfactory replies/action, or bribe is being demanded, you can lodge application under this act and ask the following questions/information: A] Please inform me the present status of my application dated ______photocopy of which is enclosed herewith? B] Give me the names, designations, place of present posting of officers/employees who have handled my said application with details of date of receipt and date of final action by the concerned person; from date of receipt of said application by the dept/office to date of your reply. C] Details of all file notings on the said application be made known to me. D] Inform me details of action taken by the department against officers/employees for not properly disposing of my application within stipulated time limit. If no action is taken, reasons thereof be intimated to me. I should also be informed monthly progress of action that would be taken against erring officers/employees of the department in future. E] Up to what date action on my said application will be taken as per rules and laws applicable. In all probabilities your work will be done urgently, if it is within rules and laws.
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