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Showing content with the highest reputation since 09/22/2006 in Posts

  1. 8 points
    The High Court of Karnataka in one case has directed First Appeallate Authoirty to dispose the Appeal filed by the Appellant in spite of the representation by the applicant. Applicant , had approahed the High Court for direction in the nature of Mandamus to dispose the Appeal filed by the appellant. High Court allowed the same petition. judgement is attached to this post. WP82886-12-06-08-2012.pdf
  2. 7 points
    Several times - both on this forum and also offline, I have suggested that an appellant can file a first appeal for each and every response (or no response) of the PIO. This is because of the wordings of Sec 19(1). Many have disagreed. Attached is an order of the FAA of the CIC (Central Information Commission) stating that an appellant can file multiple first appeals. Also note that the FAA has hauled up the CPIO of the CIC: Full order is attached to this post. CIC FAA order More than one first appeal.pdf
  3. 6 points
    Enclosed in this post, a recent judgment of the Supreme Court of India, wherein in para.7 it held that information can be denied dehors Sections 8,9,11. Moreover, information in appropriate cases can be denied based on the third part of the preamble of the RTI Act, 2005, thereby making the third part of the preamble of the statute being justiciable. The Aforementioned observation of the Supreme court of India, is patently erroneous for the following reasons: (a) It is judicially settled that the preamble is not justiciable. (b) A 13 judge bench in Keshavananda Bharathi case held that even the preamble of the constitution, though it is a part of the constitution is not justiciable. The preamble of the constitution is neither a source of power nor the source of limitations. (c) Hence, when even the preamble of the constitution of India being held not justiciable by a 13 judge bench, the preamble of the statute, which is subordinate to the constitution, cannot be justiciable. (d) The two judge bench is bound by the settled position of law by the 13 judge bench with regard to the non-justiciability of the preamble of the constitution, which is superior to the statute. (e) Hence for the aforementioned reasons a review petition is to be filed to correct the grave error committed by the Supreme court of India, highlighting the aforementioned factors. Apex court - Disclosure of marks in civil service examination should not be disclosed mechanically.pdf
  4. 6 points
    Mr. Shahid Raza Burni of PUNE has filed FIRST RTI Petition in Pune Police Station on 12.10.2005.
  5. 6 points
    Interesting question indeed. I searched wiki and found that the first application was given to a Pune police station.
  6. 6 points
    SUPREME COURT OF INDIA SWATENTER KUMAR & MADAN B. LOKUR, JJ. Civil Appeal No. 9095 of 2012 (Arising out of SLP© No. 7529 of 2009), D/13.12.2013. Manohar s/o Manikrao Anchule Vs State of Maharashtra & Anr http://judis.nic.in/supremecourt/imgs1.aspx?filename=39849 (i) Natural justice- Hearing the parties, application of mind and recording of reasoned decision are the basic elements of natural justice. (Para 17) (ii) Natural justice- Right of hearing- Even if not provided under a specific statute, the principles of natural justice shall so demand, unless by specific law, it is excluded- It is more so when exercise of authority is likely to vest the person with consequences of civil nature. (Para 23) (iii) Directing disciplinary action is an order in the form of recommendation which has far reaching civil consequences- Compliance with principles of natural justice is a condition precedent for passing of a recommendation u/s 20(2) of the Act. (Paras 21 and 22) (iv) Grounds stated in the provision of S.20(2) of the Act are exhaustive and it is not for the Commission to add other grounds which are not specifically stated in the language of S.20(2) of the Act- Provision of S. 20(2) of the Act has to be construed and applied strictly- Its ambit cannot be permitted to be enlarged at the whims of the Commission. (Para 26) (v) ‘Negligence’ per se is not a ground on which proceedings u/s 20(2) of the Act can be invoked- The Commission must return a finding that such negligence, delay or default is persistent and without reasonable cause. (Para 28) (vi) Besides finding that any of the stated defaults have been committed by such officer, the Commission has to further record its opinion that such default in relation to receiving of an application or not furnishing the information within the specified time was committed persistently and without a reasonable cause. (Para 30) (vii) State Information Commissions exercise very wide and certainly quasi-judicial powers-In fact their functioning is akin to the judicial system rather than the executive decision making process. (Para 14) (viii) State Information Commissions- Principles of natural justice is mandatory for such Tribunal or bodies discharging such functions. (Para 15) Supreme Court of India on Section 20(2).pdf
  7. 6 points
    hai............ very good news ... i file case before consumer court in march against municipal council ,Punjab ...... and consumer court after contesting case ...decided on 30/5/2013 court Decide Case in my favour and penalise the PIO for not provide information within 30 days ..... opposite party contest case very strongly with new case law ...but court not relied upon latest jugments ie.padhulika and many more.....aginast my case... but court announce order in my favour.. JUGMENT OF CASE PREPARE WITH IN 2 -3 DAYS........AND THEN I POST THE COPY OF ORDER FOR DISCUSSION WITH SENIOR................THKS ... THIS SITE/FORUM FOR HELP ME 2 CONTEST THE CASE......AND CASE LAW'S REGARDS.........:):):):):):):):)
  8. 6 points
    Downloads: A new file has been added by karira: Once consent order passed no disagreement possible The Delhi HC has ruled that once the Information Commissioner passes and order and clearly states that the order is passed with the consent of the parties, then the applicant cannot seek relief from the Court. If the applicant did not agree to the "consent", then he should have immediately brought it to the notice of the IC. Full judgment is attached to this post.
  9. 6 points
    The Full Bench Orders of the CIC are as below : 56. The respondent’s counsel has tenaciously argued that the appellant’s request for information is not in public interest and that he is seeking this information for extraneous considerations. The question is whether information is disclosable under the RTI Act only in public interest and not otherwise. Suffice to say that RTI Act does not draw a distinction between demand for information in public interest and private interest. The Act provides for disclosure of information to the citizens of India subject to the provisions of section 8, 9, 10 & 11 of the RTI Act. In other words, appellant is not required to establish any larger public interest in his search for all classes of information. He is required to establish public interest only in particular clauses of section 8(1) of the RTI Act. In view of the above, we hold that appellant need not establish public interest while seeking information for all classes of information. CIC_AD_A_2012_000570_M_110032.pdf
  10. 6 points
    The Delhi High Court in Arvind Kejriwal vs. CPIO(W.P. © 6614/2008 & CM APPL No. 12685/2008) considered that once the information seeker is provided information relating to a third party, it is no longer in the private domain. Such information seeker can then disclose in turn such information to the whole World. {25. The logic of the Section 11(1) RTI Act is plain. Once the information seeker is provided information relating to a third party, it is no longer in the private domain. Such information seeker can then disclose in turn such information to the whole world.......} Even, the same was endorsed by Hon'ble SC in an Order Dated Apr 16 2013 (R K Jain Vs Union of India). Regards R K Mishra.
  11. 6 points
    Often it happens that the Public authority submits false information before the commission to escape penalty and the information commission, on the basis of such submitted records, pronounces the judgement, even without imposing the requisite penalty on the PIO. This clearly demoralizes the RTI appellant / complainant. Under this circumstance the following procedure when followed, will effectively counter the aforesaid illegal procedures and will act as a deterrent in future against such practices by the public authority. 1. After the decision is pronounced in the appeal (u/s 19(3)) / complaint (u/s 18) by the commission- (a) File an RTI to the commission to procure the certified copies of all the records submitted by the public authority before the said commission in the appeal no....../ complaint no........... (b) File an RTI to the public authority to procure the certified copies of all the records submitted by the public authority before the said commission in the appeal no....../ complaint no........... © The procedure mentioned in (a),(b) will help the RTI applicant to cross-check the authenticity of the information provided by the Public authority in the said appeal / complaint before the commission. (d) Based on the information received from the Public authority and the commission for the appeal no...../ complaint no....... and if you find that false / incorrect information was supplied, then a private complaint u/s 200 CrPC can be filed be filed before the magistrate under whose jurisdiction the public authority is covered, highlighting - - the fact that false information being submitted to the information commission and requesting the magistrate for investigation and other appropriate action against the public authority as per law (e) The facility of filing a private complaint u/s 200 CrPC before the magistrate is provided by the Supreme court judgment - IQBAL SINGH NARANG & ORS VS. VEERAN NARANG - CRIMINAL APPEAL NO.2225 OF 2011 (f) Summary of the judgement: The Commission/Tribunal is not a "COURT" hence application under section 340 of CrPC read with 195 of CrPC does not applicable becuse the procedure mentioned in section 340 and 195 of CrPC is applicable to the courts only.The Commission/Tribunal is not powered with to try the offences committed before it. (g) The judgment is attached to this post. Apex court - Private complaint is maintainable for false statements in quasi judicial proceeding.pdf
  12. 6 points
    We have filed a PIL vide CWP 20545 of 2009 before the Hon’ble Punjab & Haryana High Court on the Fee hike issue & other Commercial activities in the Private Schools. Now the Hon’ble Court has passed the orders which are attach herewith. Thanks & Regards Rohit Sabharwal (RTI Activist) President Anti Corruption & Crime Investigation Cell (Regd) CWP 20545 of 2009 82. No doubt, in the instant cases before us, as per the replies filed by the official respondents themselves, most of the schools are fulfilling the requirements of submitting the Annual Reports etc. At the same time, it is also a matter of record that there is hardly any examination of these records which are simply dumped by the schools with the Boards/Regulatory Authorities and keep lying there in their archives. Needless to mention that it is the duty of the official respondents to ensure that increase in the fees undertaken by a particular school is justified and necessitated by other circumstances like increase in expenditure or because of developmental activities needed and does not result into profiteering. It is also to be ensured that the funds are not diverted elsewhere. However, there is no mechanism for checking the same. In a situation like this, we are of the opinion that the States of Punjab and Haryana as well as Union Territory, Chandigarh should also provide for some permanent Regulatory Bodies/mechanism which would go into this aspect on regular basis. We accordingly give directions to the States of Punjab, Haryana as well as Union Territory, Chandigarh to examine the feasibility of establishing such a mechanism and take decision there upon within a period of six months from today. Till that is done and in order to sort out the issue as to whether the hike in fees by the schools is proper or not, we would like to follow the same path as done by the High Court of Delhi, namely, setting up a Committee with the task to go into the accounts of the Schools and find out the reasonableness of increase in fees by the schools. Accordingly, we appoint three committees, one each for the State of Punjab, State of Haryana and Union Territory, Chandigarh, with the following constitutional members:- FOR STATE OF PUNJAB:- i) Hon’ble Mr. Justice Ranjit Singh (Retd.): Chairperson ii) One Chartered Accountant to be nominated by the Chairperson of the Committee. iii) One Member from the field of Education preferably a retired teacher/officer of eminence to be nominated by the Director of Public School Education Board. FOR STATE OF HARYANA:- i) Hon’ble Mrs. Justice Kiran Anand Lall (Retd.): Chairperson ii) One Chartered Accountant to be nominated by the Chairperson of the Committee. iii) One Member from the field of Education preferably a retired teacher/officer of eminence to be nominated by the Director of Public School Education Board. FOR UNION TERRITORY CHANDIGARH:- i) Hon’ble Mr. Justice R.S.Mongia (Retd. Chief Justice): Chairperson ii) One Chartered Accountant to be nominated by the Chairperson of the Committee. iii) One Member from the field of Education preferably a retired teacher/officer of eminence to be nominated by the Director of Public School Education Board, U.T. Chandigarh. The fee of the Chairperson(s) shall be Rs. 25,000/- per sitting and that of the members Rs. 10,000/- each per sitting. The said fee shall be shared by the schools in the respective States. In addition to the aforesaid fee, the Committee(s) shall also be reimbursed the amount of clerical and other expenses. They shall also be provided suitable place/office for undertaking the task assigned. Since the schools are submitting the accounts with the Boards, these accounts and records can be given by the Boards to the Committees. In addition all the schools shall also render full cooperation to the Committee(s) by submitting the Account and other necessary information demanded by the Committee(s). The scope of the work undertaken by the Committee(s) shall be restricted to the academic year 2012-13. Likewise, for the academic year 2013-14, though the schools shall have the right to fix their fees structure, they will have to justify the same by producing necessary material before the Committee(s). The Committee(s) shall be entitled to specifically look into the aspects as to how much fees increase was required by each individual school on the examination of records and accounts etc. of these schools and taking into consideration the funds available etc. at the disposal of the schools. While doing this exercise, it shall keep in mind the principles laid down by the Supreme Court in Modern School case (supra) as well as Action Committee Unaided Pvt. Schools case (supra) and other decision noted by us in this judgment. Needless to mention in case it is found that the fees hiked by the schools was more than warranted, the direction can be given to those schools to refund the same to the students. Orders.pdf
  13. 6 points
    I am attaching CIC decision concerning supply of information which has originated from other public authority. I hope it would be useful to our members. OTHER PUB AUTH INFO 021112.pdf
  14. 5 points
    This forum and many others can be helpful for people, because one can create a question or a request and those, who know the answer, will help.
  15. 5 points
    I moved my card from Bangalore(KA51) to Ghaziabad and got the road tax refund. Here is the step by step process 1. Fille Form 28 ( Noc FORM) , 3 copies, attach all the photostat copies like car papers, insurance, pollution etc ans submit it in RTO. 2. They will immediately issues a form for police verification.( I got it within half and hour). 3. Go to Police Commisionor office and you find out the place where you have get the the clearance. Go after 11AM. They will verify and sign the form. I went around 10 AM but got it signed only around 12 PM. 4. Same Day I submitted it the form back to RTO and they asked me to come after 21 days. They will take your RC and issue a acknowledgement. 5. I went to RTO again after 21 days and got the NOC. ( two copies). make sure you get two copies. 6. Got my car registered in Ghaziabad after paying tax. ( Got it done thru some agent for RS 5000). 7. Send a written application to RTO Bangalore for road tax refund. Attach all the required necessary documents. 8. Follow up with them and got the cheque after a month. Import tips: Just apply for NOC only 20 days before you are planned to leave. Because in case you get the NOC early and get ur car reregistered after 15-20 days, they will apply some penalty. In my case Applied for NOC : 28 Aug 2012 Got NOC: 21 Sep ( However date on NOC is 3 Sep) Applied in Ghaziabad: 5 NOV They took 8000 as penalty apart from road tax. For My Ritz car which i purchased in 2011 and i got a refund of Rs 50000
  16. 5 points
    Online Filing of RTI Application extended to 37 Ministries – DOPT has plans to extend online filing of RTI applications to all Ministries in Mid August 2013 No.1/1/2013-112 Government of India Ministry of Personnel, Public Grievances & Pensions Department of Personnel & Training North Block, New Delhi Dated: 30/07/2013 OFFICE MEMORANDUM Subject: Extension of RTI web portal for online filing of RTI application. In continuation of this Department’s O.M. of even number dated 22/04/2013, it is intimated that the facility of RTI online web portal has been extended to 37 Ministries/Departments of Government of India, so far (list enclosed). It is planned to extend this facility to all the remaining Ministries/Departments of Government of India by mid August, 2013. This facility is presently not proposed to be extended for field offices/ attached/ subordinate offices. 2. It is again requested that training to all the CPIOs and First Appellate Authorities (FAAs) may be provided by the concemed Ministry/Department, through the officials trained by DoPT/NIC. If required, further training can be provided by DoPT/NIC, on the request of the concerned Ministry/Department. User name/password to all the CPIOs and FAAs are to be provided by RTI Nodal Officers of the concerned Ministry/Department. It is imperative that the RTI Nodal Officers update the details of CPIOs/FAAs in the system and issue user name and password to them at the earliest. 3. The contents of this OM may be brought to the notice of all concerned. sd/- (Sandeep Jain) Director LIST OF MINISTRIES/DEPARTMENTS TO WHOM RTI ONLINE WEB PORTAL FACILITY HAS BEEN EXTENDED 1. DEPARTMENT OF AGRICULTURE RESEARCH & EDUCATION 2. DEPARTMENT OF AGRICULTURE & COOPERATION 3. DEPARTMENT OF ANIMAL HUSBABNDRY, DAIRYING & FISHERIES 4. DEPARTMENT OF AYUSH 5. DEPARTMENT OF CHEMICALS & PETROCHEMICALS 6. DEPARTMENT OF COMMERCE 7. DEPARTMENT OF CONSUMER AFFAIRS 8. DEPARTMENT OF DISINVESTMENT 9. DEPARTMENT OF FOOD & PUBLIC DISTRIBUTION 10.DEPARTMENT OF INDUSTRIAL POLICY & PROMOTION 11.DEPARTMENT OF PERSONNEL & TRAINING 12.DEPARTMENT OF PUBLIC ENTERPRISES 13.MINISTRY OF CULTURE 14.MINISTRY OF EXTERNAL AFFAIRS 15.MINISTRY OF FOOD PROCESSING INDUSTRIES 16.MINISTRY OF HEALTH & FAMILY WELFARE 17.MINISTRY OF HOME AFFAIRS 18.MINISTRY OF INFORMATION & BROADCASTING 19.MINISTRY OF PANCHAYATI RAJ 20. MINISTRY OF POWER 21.MINISTRY OF ROAD TRNSPORT & HIGHWAYS 22.MINISTRY OF STEEL 23. PRESICENT SECRETARIAT 24.VICE-PRESIDENT SECRETARIAT 25. MINISTRY OF WATER RESOURCES 26. UNION PUBLIC SERVICE COMMISSION 27. DEPARTMENT OF ECONOMIC AFFAIRS 28. DEPARTMENT OF REVENUE 29.DEPARTMENT OF YOUTH AFFAIRS 30. MINISTRY OF ENVIRONMENT & FORESTS 31. DEPARTMENT OF HEAVY INDUSTRY 32. MINISTRY OF TOURISM 33. MINISTRY OF SOCIAL JUSTICE & EMPOWERMENT 34. MINISTRY OF SHIPPING 35.MINISTRY OF CORPORATE AFFAIRS 36. PLANNING COMMISSION 37. DEPARTMENT OF ADMINISTRATIVE REFORMS & PG Download DOPT Office Memorandum No.1/1/2013-112 dated 30.07.2013
  17. 5 points
    Downloads: A new file has been added by karira: Marks Qualifications and experience of successful The Uttarkhand High Court has ruled that Marks, Qualifications and Experience of successful candidates cannot be denied under Sec 8(1)(j). They have to be disclosed. Full judgment is attached to this post.
  18. 5 points
    Maharashtra RTI Rules draw a clear distinction between: > Payment of initial fee, which is to be accompanied while making a RTI Application under section 6(1), (here, Court fee stamp is one of the acceptable mode of payment), and, > Payment of any further fees u/s. 7(1) & 7(5), towards the cost of providing information (here, Court fee stamp is not an acceptable mode of payment). But, as per the GAD circular, an Indian Postal Order is an acceptable mode of payment for both the purposes i.e. payment of initial fee which is to be accompanied along with a RTI Application u/s. 6(1), as well as, payment of any further fees u/s. 7(1) & 7(5), towards the cost of providing the requested information.
  19. 5 points
    Downloads: A new file has been added by karira: Untraceability of record cannot result in compensa The Delhi High Court has ruled that untraceability of a record/file cannot always lead to awarding of compensation under Sec 19(8). This provision, to my mind, should be invoked only where the record, despite being available, is not provided to the applicant and as a result thereof he suffers some loss for which he needs to be compensated. A bona fide inability to trace the old records cannot warrant levy of compensation.
  20. 5 points
    18-07-2013 was the day of argument on the application for impleadment filled by the DoPT. I and Mr. P.C. Bali from Amritsar was present at NCDRC on 18-7-2013 for this arguments. Councel for DoPT aurged for his impleadment as the order of NCDRC will effect to all PA & PIO through out India. I objected for the same and aurged accordingly. Justice K.S. Chaudhary said to DoPT - I am not impleading you in this RP, but you may present in final arguments and if you have to say something, you may put your version. Finally Court has reserved todays order and has not given us next date for final arguments. I am trying to get status of our case at CONFONET, so that I can see the wording of order dated 18-7-2013. Anybody can check the case status by typing RP/3146/2012 and may update this thread.
  21. 5 points
    Attached is a judgment of the Supreme Court related to concurrent remedies available under 2 Acts....in this case, the CPA and the Electricity Act. It is dated 01 July 2013 Members need to study the Electricity Act in detail as well as the reasons in this judgment. One way out seems to be (as stated several times earlier in this forum) that: 1. Under CPA, do not pray for "disclosure of information". Only pray for compensation for "defficiency of service". 2. Under RTI, only pray for "information" and not any compensation for defficiency of service. 3. If you pray for "compensation" under RTI, it should only be for "detriment suffered due to delay in provision of information". Concurrent remedies available under CPA vs Electricity Act SC 01 Jul 2013.pdf
  22. 5 points
    In a land mark judgment, the Hon’ble CIC in undersigned second appeal numberCIC/VS/A/2012/000291, has ordered that all branches & offices of Corporation Bank to put up signage/sign boards informing the details about PIOs/FAAs and other relevant details about the RTI Act 2005 as was decided by Hon’ble Commission in case number No.CIC/SG/C/2010/001324/10035 dated 04.11.2010. The link of the order is given below; http://www.rti.india.gov.in/cic_decisions/CIC_VS_A_2012_000291_03150_M_109726.pdf
  23. 5 points
    > As suggested earlier, please refer to the provision of section 7(1) of the RTI Act, which lays down that "either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons specified in sections 8 and 9:" That you have filed more than one RTI Applications is not listed as a ground for declining a request for information under the section 8 & 9 of the RTI Act, and as such a PIO cannot reject your request for information on that ground. You need to file a first appeal u/s. 19(1) on that basis / ground. (although ideally one should be as brief & precise as possible) > As far as going in for an inspection of information is concerned, you can file a first appeal with following as your ground of first appeal: Grounds for Appeal: I would also hereby like to submit the following grounds for this first appeal: 1) As per the provision of the Right to Information Act, 2005, requested information cannot be denied on the ground that it is voluminous in nature, and thereby, citing administrative difficulties in providing the same. Please find quoted below, an extract from judgment dated 07-01-2010 of Honorable High Court of Judicature at Madras in W.P.NO.20372 of 2009 and M.P.NO.1 OF 2009: (The above cited judgment is available at http://judis.nic.in/chennai/qrydisp.asp?tfnm=22544) Quote – “13. The other objections that they are maintaining a large number of documents in respect of 45 departments and they are short of human resources cannot be raised to whittle down the citizens' right to seek information. It is for them to write to the Government to provide for additional staff depending upon the volume of requests that may be forthcoming pursuant to the RTI Act. It is purely an internal matter between the petitioner archives and the State Government. The right to information having been guaranteed by the law of Parliament, the administrative difficulties in providing information cannot be raised. Such pleas will defeat the very right of citizens to have access to information. Hence the objections raised by the petitioner cannot be countenanced by this court. The writ petition lacks in merit.” – Unquote. Moreover, please also note, that it is a prerogative of a citizen to invoke his right to inspect the records of Public Authority as defined under section 2(j)(i) of the RTI Act, And as such, the same [section 2(j)(i)] cannot be invoked by a Public Information Officer while disposing off a request for information under section 7(1), Thereby, construing the provision of section 2(j)(i) as a pre-condition to providing the information requested under section 6(1) of the RTI Act.
  24. 5 points
    Downloads: A new file has been added by ambrish.p: Appellate Authority under RTI Act can issue Appellate authority under RTI Act can issue direction to such public authority to take any of those steps as are suitable to coerce the persons having information to abide by directions issued under the RTI Act In paragraph 44, this Full Bench of Delhi High Court, from the preamble of the RTI Act, also notes that it is passed because 'democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and hold Governments and their instrumentalities accountable to the governed'. It restricts the right to information to citizens vide Section 3. Citizen seeking information need not give any reasons for such information need not give any reasons for such demand & there is no requirement of scrutiny into his locus standi. I find that when the procedure to exercise the right to information is statutorily prescribed & its breach is to be redressed exclusively by the “forums” created thereunder, the “execution” of such adjudicated entitlement against unwilling establishment by invoking all available legal avenues is the deliberate measure & an integral part of the scheme of RTI Act Appellate authority under RTI Act can issue direction to such public authority.pdf
  25. 5 points
    File No.CIC/DS/A/2012/000033/RM 4. AA vide order dt 28.9.11, directed CPIO to only provide details mentioned in the PAN card without providing any other information. 5. Submissions made by the appellant and public authority were heard. CPIO submitted that in pursuance of the AA’s order vide letter dt 30.9.11 the appellant was informed the name of the PAN card holder, father’s name, date of birth and PAN card number. DECISION 6. The Commission concurs with the decision of the CPIO and the appeal is disposed of. http://www.rti.india.gov.in/cic_decisions/CIC_DS_A_2012_000033_M_105317.pdf PAN CARD DETAILS.pdf
  26. 5 points
    Downloads: A new file has been added by karira: Compensation if no info due to missing docs The Jharkhand HC has ruled that the SICs order ordering compensation to an RTI applicant because no info was supplied since documents were "missing", is correct and well reasoned.
  27. 5 points
    The respective judgement of Karnataka High Court in Writ Petition and Writ Appeal is attached herewith. HCK WA Judgement.pdf HCK WP Judgement.pdf
  28. 5 points
    Downloads: A new file has been added by karira: Unreasoned order of CIc remanded back by HC Another old order of the Punjab & Haryana HC where it has remanded the matter back to the CIC since the order it passed was totally unreasoned. Having gone through the decision taken by respondent No.1, as extracted above, I find that there is no discussion on the issue. No reasons as to under what circumstances a particular information has been directed to be supplied and the other denied, has not been assigned. The order (Annexure P-8) is not a reasoned order. The impugned order directs the petitioner to supply information in relation to domestic consumers, however, while allowing protection to the petitioner under the provisions of Section 8(1)(d) of the Act, it has been held that information in relation to commercial consumers is not required to be given. The order, however, does not give out reasons for making a distinction between the two set of consumers. The supply of connections for domestic purposes and commercial purposes are part and parcel of the same business.
  29. 5 points
    His FB posting after d appearance> "Many friends had been concerned about my Delhi High Court proceedings and given me a lot of advice. I received many email messages, telephones and sms before and after and after appearing in Court on 10 January, 2013. I want to share the events in Court. Prashant Bhushan had also been gracious enough to come to the court to represent me along with Colin Gonsalves. The judge asked me to come forward and join the lawyers. He told me that I should understand the way Courts work and their norms. He said that when addressing the Court a certain sobriety should be maintained and I should show respect to the institution of the Court. I stated that I had felt the Court’s actions would stymie the functioning of Information Commissions and the RTI Act. I reiterated that I believed I was raising certain issues of importance to the Nation and had stated nothing which could be considered as scandalizing a court. The judge then addressed Colin and Prashant saying they should display a better understanding of the difficulties which the Courts face like shortage of judges. He also said that the judges work very hard and people do not understand the difficulties and problems faced by the judiciary. Prashant and Colin said they appreciated the Courts difficulties and I had in no way committed any act of contempt. Prashant gave an explanation of the fact that I had expressed my anguish at the large number of matters where stays were being given by the High Courts. He further pointed out that the Court was not following provisions of Article 226 (3) of the Constitution. Since a large number of matters were being given ex-parte stays this constitutional amendment was brought by Shri Shanti Bhushan to ensure that on a plea by the party which was not present, the Court would have to decide the matter in 15 days. The judge again referred to the limitations of the Courts and the constraints in which they function. This shows that even Constitutional amendments are buried and we keep talking of new laws! Ultimately the petitioner said he is wanted to withdraw the petition and Colin and Prashant both advised me to agree. I agreed and the petition is now closed. This has left me with more questions which are now added to the earlier ones. This entire journey in the Courts was a useless exercise. The petitioner did not want the enquiry to be held, and he succeeded by fling a false affidavit. I decided not to point out the obvious flaw in the High Court naming me as a respondent personally, so that I could raise certain larger issues. Incidentally, Delhi High Court refuses to treat the Commission as a party when hearing any of the writs against the Commissions orders. How I acting as an Information Commissioner could be personally named as a respondent for an act done as a Commissioner in discharge of my duties is a mystery. However,-Don Quixote-like,- I thought I would try and correct the system. At the end nothing was achieved, because everyone explained to me how a Court can make me come to Delhi dozens of times, without even touching on any of the core issues. The Indian judicial system can wear you down by its slow and grinding process, and that is a danger bigger than the contempt power."
  30. 5 points
    The decision of the apex court is attached to this post. Apex court on Section 8(1)g.pdf
  31. 5 points
    I have today emailed attached letter to CIC in connection with decision relating to administrative difficulties of CPIO. Copy of the decision is also attached herewith. AMIN DIFFI 271212.doc ADMIN DIFFICULTIES 211212.pdf
  32. 4 points
    pcbali, Please read the Kerala High Court judgment regarding role of Governor in suspension/dismissal of IC / CIC. It will give you a lot of ammunition for your above case. Correct procedure for removal of IC - Downloads - RTI INDIA- Right to Information
  33. 4 points
    Even in case of information commissions, we are not 100% sure if we will get information or comPensation [it is rare] . Hence we must try all the avenues possible till there are few decisions under CPA in our favour at District Forum level or State Level. Let it fail at NCDRC. All PIOs do not go upto NCDRC. This will evolve as the time passes and may settle once for all at SC level. Similar is the case of human rights violation in not supplying information under RTI. We failed in two cases at NHRC, but Maharashtra HRC has treated this as violation at Maharashtra State Human Rights Commission under citizens. Some other SHRCs [bihar etc] have also ruled in favour of RTI applicants. Hence, I humbly believe that both the above avenues should be explored in addition to RTI. It all depends upon how matter is pleaded before the forum. In Gujarat also such complaint was admitted in district consumer forum, after due pleading. In one case, just a notice under CPA to head of public authority and PIO resulted in supply of information. I firmly feel that even after exhausting second appeal remedy [non compliance or defective compliance of IC orders], applicant can move consumer forum for deficiency in service and demand compensation under CPA. CPA is more stricter in getting its orders implemented and there is provision of jail also.
  34. 4 points
    "Information" is defined under section 2(f); likewise the term "Record" is defined under section 2(i) & term "Right to Information" is defined under section 2(j) of the RTI Act. Please find them quoted below for your ready reference: For procuring information from a Public AuthorIty, it is quite likely that a RTI applicant may have to climb all the three steps of the ladder available for obtaining information under the provisions of the RTI Act i.e. RTI Application to PIO > First Appeal to the concerned First Appellate Authority > Second Appeal to an Information Commission, And therefore it is better to draft a technically correct RTI application so that it can weather all the Appeal levels.
  35. 4 points
    . . Earlier in Sep 2011 CIC had taken resolution, where it had decided that if it received a complaint regarding assault or murder of an information-seeker, it would take up the pending RTI application and order the department concerned to make the information public on its website. http://cic.gov.in/CIC-Minutes/Minutes13092011.pdf Agenda-1: A draft resolution in the wake of surge in attack on the RTI activist circulated by IC(SG). The Central Information Commission expresses regret and takes note of the reported killings of and assault on the RTI users across the country. The Commission underlines the need to take urgent steps by the respective Governments for the safety and protection of the RTI users. The Commission strongly believes that it is the duty and responsibility of the respective Governments to safeguard the life and liberty of the RTI users for which purpose they should invoke the relevant penal provisions for the prevention and detection of such heinous crimes. 2. This Commission, therefore, resolves that if it receives a complaint regarding assault or murder of an information seeker, it will examine the pending RTI applications of the victim and order the concerned Department(s) to publish the requested information suo motu on their website as per the provisons of law. 3. This Commission also resolves that it will take proactive steps in ascertaining the status of investigations/prosecutions of the cases involving information seekers and endeavor to have these processes expedited. News item is here : CIC takes up five pending RTI pleas of late activist Balwani - Times Of India Regards R K Mishra
  36. 4 points
    It so appears the Judgement of Hon'ble MADRAS HIGH COURT DATED: 28/01/2011 in W.P.(MD)No.8084 of 2010 and M.P.(MD)No.2 of 2010 in matter of The Managing Director, Aranthangai Chemicals (P) Ltd.,Vs T.R.Ravi & ors. itself is per incuriam . With utmost respect to HC - HC had no jurisdiction to entertain the WP filed against a complaint before DCDRF . The remedy was before SCDRC ---> NCDRC----->Hon'ble SC .
  37. 4 points
    CIC decision of 31-12-2008 is attached herewith. REPLY BY REGD POST 311208.pdf
  38. 4 points
    Decision dt. 08.07.2013 of the CIC in File No. CIC/SM/C/2012/000925 [Appellant: Sh. Siddharth Murarka; PA: CPIO, Supreme Court of India] is available at- http://www.rti.india.gov.in/cic_decisions/CIC_SM_C_2012_000925_M_113862.pdf
  39. 4 points
    The Licensing Authority for Blood Banks is the O/o Drug Controller in States and at Centre . O/o Drug Controller can inspect records of Blood Banks under its territorial jurisdiction . The blood banks are required to maintain following records for last 5 years : (1) Blood donor record: It shall indicate serial number, date of bleeding, name, address and signature of donor with other particulars of age, weight, hemoglobin, blood grouping, blood pressure, medical examination, bag number and patient's detail for whom donated in case of replacement donation, category of donation (voluntary/replacement) and deferral records and signature of Medical Officer In-charge. (2) Master records for blood and its components: It shall indicate bag serial number, date of collection, date of expiry, quantity in ml. ABO/Rh Group, results for testing of HIV I and HIV II antibodies, Malaria, V.D.R.L., Hepatitis B surface antigen and Hepatitis C virus antibody and irregular antibodies (if any), name and address of the donor with particulars, utilisation issue number, components prepared or discarded and signature of the Medical Officer Incharge. (3) Issue register : It shall indicate serial number, date and time of issue, bag serial number, ABO/Rh Group, total quantity in ml, name and address of the recipient, group of recipient, unit/institution, details of cross-matching report, indication for transfusion. (4) Records of components supplied: quantity supplied; compatibility report, details of recipient and signature of issuing person. (5) Records of A.C.D./C.P.D/CPD-A/SAGM bags giving details of manufacturer, batch number, date of supply, and results of testing. (6) Register for diagnostic kits and reagents used: name of the kits/reagents, details of batch number, date of expiry and date of use. (7) Blood bank must issue the cross matching report of the blood to the patient together with the blood unit. (8) Transfusion adverse reaction records. (9) Records of purchase, use and stock in hand of disposable needles, syringes, blood bags, shall be maintained. NOTE: The above said records shall be kept by the licensee for a period of five years. So file an RTI Appl with PIO , O/o relevant Drug Controller [ State / Centre ] as per relevant RTI Rules . It has access to above records and may supply same , subject to provisions of the RTI Act , 2005 . For names and addresses of donors , PIO may apply s.11 procedure . The private Blood Banks [ attached with private hospitals ] are not generally within ambit of RTI Act directly .
  40. 4 points
    The CIC has ruled that even third party information which is necessary to facilitate court proceedings to bring out correct facts, is in larger public interest and therefore disclosable. The appellant has sought information in the RTI application dated 19.1.2012, in pursuance of a legal proceedings in the interest of ensuring the correct facts. Hence, the information should be provided taking into account the element of public interest in facilitating court processes relying on correct facts. Full decision is attached to this post. Third party info to facilitate court proceedings disclosable.pdf
  41. 4 points
    The matter has to be seen in context of s.33 of Advocates Act , 1961 , CPC and RTI Act . RTI Act : RTI Act is silent on the matter . There are examples where Private Advocates hired by PIOs have been representing them at Appeals and Complaints and they have been allowed by the ICs . The only question that remains then is whether a non-advocate can represent represent PIO before IC . Since a non-advocate can represent an Appellant , the PIO can not be denied the same privilege since liability u/s 20 is his personal . But the matter is technical and may be interpreted in legal terms . CPC and Advocates Act : s.2(15) & Order III CPC AND s.33 of Advocates Act 1961 may be referred . Information Commissions are quasi-judicial Authorities performing judicial functions of a Court , they can direct recording evidence on oath , they have trappings of a Court - but still for this query they are not courts . Thus provisions of CPC do not apply strictly where a non-advocate can not be a PLEADER [ SC has though held that even a non-advocate may sometime assume the role of a PLEADER under special circumstances in a non-professional / non-practising capacity if such person is well-wisher of the litigant - the litigant had no faith in advocates ] . Thus provision of s.33 of Advocates Act and CPC stand breached in special circumstances . But here the non-advocate must get SPA/GPA from the litigant and the litigant must first get permission from Court for the non-advocate to represent him there in the matter . Judgement by Hon'ble SC in matter of C._Venkatachalam_vs_Ajitkumar_C._Shah_&_Ors._on_29_August,_2011 [ attached herein ] is significant . Though it is related to CPA , yet the findings on Tribunals could be common to all tribunals . But, in any case , the provisions of CPC will not be applied to RTI cases . The conflict with Advocates Act s.33 stands answered in the referred judgement . C._Venkatachalam_vs_Ajitkumar_C._Shah_&_Ors._on_29_August,_2011.PDF
  42. 4 points
    Dear Member a. T.N. Police is not exempted organization, list of PIOs: http://www.tnpolice.gov.in/pdfs/RTI_NOS.pdf b. "The question of prejudice of the accused on account of denial of the copy of the FIR at the earlier stage therefore assumes greater importance and on a proper consideration thereof, I hold that it is expedient in the interest of justice that a certified copy of the first information report, which is a public document, should be granted to the accused on his payment of the legal fees therefor at any stage even earlier than the stage of Section 173(4) of the Code of Criminal Procedure. At the later stage, the accused will have the right to have a free copy but the same would not take away the right he already has in law to have a certified copy of the first information report on payment of the legal fees......."." Extract from:Please refer attachment. Also read: http://www.rtiindia.org/forum/37026-whether-fir-notice-public-documents.html#post96673 regards FIR IS PUBLIC DOCUMENT.pdf
  43. 4 points
    The CIC has ruled that a FIR is not a confidential document and can be disclosed under RTI. 4. We have carefully considered the contents of the RTI application and the submissions made by both the parties. The desired information dates back to the year 1995. We understand that the Bank had initiated disciplinary proceeding against some officials including the Appellant and the proceedings have now concluded. The exemption provision cited by the CPIO does not appear to be appropriate in the present case. This provision is about exempting that information the disclosure of which would 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. We do not understand how the desired information could be covered under this provision. From the submissions of the respondent, it appears that the enclosure with the same communication was nothing but the FIR filed by the CBI in the case. If that is so, there is all the more reason to disclose this because it cannot be anybody's case that the first information report of any case is a confidential document or its disclosure could impede the investigation or subsequent prosecution. FIR is not a confidential document.pdf
  44. 4 points
    It is great of you to feel the pinch for others too and before you harp on further action, first equip yourself with all facts and for this you have to file RTI Application. In broader interest, file Application to PIO Malad office with RTI Fee of Rs.10/- in Indian Postal order and seek information on facts on records 1.Number of clerks required/indented and No. of clerks provided for running the office? Short fall over one year. 2.Inform the name of Head clerk that replaced the vacancy caused after transfer of Mr.Toraskar 3. The name of the clerk that is looking Kurar village side family pension application 4.Inform number of days Mr.kamalakar Mhatre absented himself/not performed duty during last Financial year. 5.Inform action taken against errant and irresponsible attitude of not performing his duties. 6.Inform names of employees who are not reporting to duty for more than a month 7.Furnish certified copy of inconvenience caused due to irresponsible attitude of employees to pensioner matters to higher authorities and their response. 8. Furnish list of names /Applicants for family pensions pending as on date for More than 3 months More than 6 months more than 9 months more than one year. 9. Furnish certified copy of procedure for settling family pensions (rules/regulations) and accountability factors. 10.Please furnish date of receipt of family pension application from the mother of this applicant Smt. (wife of Late .......................designation.........) and specific reasons for abnormal delay in settling the pension.
  45. 4 points
    Downloads: A new file has been added by karira: "Person" in Sec 8(1)(e) does not include PA This is an old (2008) judgment of the Punjab & Haryana HC but nevertheless posting it here since it has addressed many useful issues: 1. Reference to "Person" in Sec 8(1)(e) does not include the public authority itself. 2. Any information coming to a public authority cannot be termed as on account of a fiduciary relationship 3. Marks of other candidates (for a public exam for a public post) cannot be denied under RTI
  46. 4 points
    Information Commissioners are also public servants and they are bound to discharge their duties as per the provisions of the Act. In future, when members complain about ICs orders and give them feedback, they might like to use the following citation from one of CICs own orders: Smt. Adarsh Sharma vs Border Security Force on 10 August, 2011 11. Now, notwithstanding the fact that the Respondent No.2 is an exempt organization under Section 24 (1) of the RTI Act, it is nevertheless the duty of Respondent No.2, as an intelligence and security organization, to inquire into the allegations made by the Appellant in this case. Not discharging its duty would tantamount to ‘Nonfeasance’, i.e. the omission of acts which a man was by law bound to do. The following excerpt from the Judgment of Division Bench of the Hon’ble Gujarat High Court in Union of India (UOI) and Ors. Vs. V. Shankaran and Anr. [2008 (4) GLT 885] is of relevance here: “25. […]"Official misconduct" defines in Black's Law Dictionary (7th Edition) as a public officer's corrupt violation of assigned duties by malfeasance; misfeasance; or nonfeasance, which is also termed as misconduct in office; misbehaviour in office; malconduct in office; misdemeanour in office; corruption in office and official corruption.” 12. Thus, if the Intelligence Bureau simply refuses to take cognizance of allegations which are clearly based on reasonably sound legal evidence and omits to probe into such allegations when it was lawfully bound to do so, then such nonfeasance clearly amounts to an act of Corruption. If the nonfeasance results in allowing some allegedly dead person named Dr. Vijay Kumar Vyas to escape from being brought to justice in a pending legal proceeding involving him before the Hon’ble High Court of Rajasthan, then it will amount to corrupt practice on part of Respondent No.2. Thus, unless the Respondent No.2 inquires into the truthfulness of the Appellant’s allegations with respect to the status of Dr. Vijay Kumar Vyas, it will clearly appear as if the Respondent No.2 has indulged in corrupt practices.
  47. 4 points
    Downloads: A new file has been added by karira: Agreements of private parties with Govt disclosabl The Bombay HC has ruled that agreements concluded by private parties with government organisations are disclosable. The issue related to disclosure of agreement between Transpirt Deaprtment and private company regarding issue of Smart Card Driving Licences, RC Books, etc.
  48. 4 points
    I am attaching judgement which advocate Rajesh was kind to mail me. STATE COM HARYANA 131212.pdf
  49. 4 points
    The orders of the CIC are as under: After hearing both parties, Commission directs the CPIO/Executive Engineer (Bldg), Central zone, South Delhi Municipal Corporation, Lajpat Nagar to provide full and complete information as held by the public authority to the appellants by Monday, 14 January 2013. Commission will review compliance of this order and all parties are directed to appear before the Commission on Tuesday, 15 January 2013 at 10:30 AM. It is placed on record that the CPIO who has appeared before us today has taken note of the oral order passed today in open court and will forward the RTI application to the holder of information and also convey the orders of the Commission today itself to the concerned CPIO as recorded herein above. CIC_DS_C_2013_000003_M_100681.pdf
  50. 4 points
    Downloads: A new file has been added by ambrish.p: Penalty for delay in providing information The Respondent No.1 has examined the matter in detail before fixing the liability. Even on reviewhe found that the decision taken by him was not wrong. This finding of fact is born out from the record. The liability has been fixed on the Petitioner as well as their superior officer of imposing fine. The officers are trying to pass on blames to each other, but as rightly found by the Respondent No.1, they are equally liable for non supply of information to the citizen within the stipulated period and for their lapses, the impugned order imposing a fine of Rs.25,000/-, is justified. Therefore, we do not find merits in the petition. The Petition is dismissed.
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