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Showing content with the highest reputation since 01/19/2019 in all areas

  1. 4 points
    In younger age, everything appears beautiful either a child or new articles. In 2017, none of the members remembered the forum and the Anniversary passed silently without any wishes or celebrations. It is only time that erases the memory. But in short span, most of the experts stored huge information that will be useful for another decade. Though they do not visit regularly, their past contribution still helps every member. The success and rejoice of the forum is not confined to a single day, and every day someone should be benefitted by the forum. Every day is for celebration if members succeed through their learning and guidance..
  2. 3 points
    1. Hearing for either First Appeal or second appeal is not mandatory, but experts always advised members to make good use of such hearings as chances of getting information in First Appeal stage or more bright. When the focus is on securing information as expeditiously as possible, the opportunity has to be used without fail. 2. An appellant can depute any representative on his behalf with a simple authorization letter and representative's identity and information about the deputation of representative in writing to FAA have to be made well in advance. 3. Normally, they should suggest two dates and give the option of selection such as date to the appellant. When only a few FAAs provide such opportunity, without postponing further, it is better to avail the opportunity of hearing. 4. The hearing is only for presenting the grounds of dissatisfaction on PIO's response and it is proper to send a representative who is well versed with such grounds and details on the query. Remember, the burden of proof of denying information is only on PIO. The grounds of first appeal were already stated in first appeal, so there is not much to be worried about hearing.
  3. 2 points
    What exactly is your query ? You have to seek information from SPIO of that PS on action taken on each of your what's app message. You can also select one month data and can seek information from SPIO of same police station Information solicited: 1.Please provide me copy of the record that states the date wise whats app message received through No.......from public and forwarded to that PS for the month of Jan, 2019. _______________________________________________________________________________________ Date. Message from complaint on (crime) Action taken Official entrusted with the issue. ____1________2______________ 3_____________________4_________________5______________________ (If the data is available in the form of material register or any electronic record for controlling purposes please provide copy of that record) 3.You can also file RTI Application to Controlling Authority SPIO, Commissioner of police and can seek information as follows: Information solicited: 1.Please provide the laid down controlling mechanism that states that the concerned PS who receives the forwarded messages are taking promptly action as per What's App complaint. and then escalate this as complaint to Commissioner of Police that this system was reduced as ritual when no action is being taken on such messages, there is no use in promoting such schemes for publicity sake and request them to come out with a controlling mechanism for effective follow up on action taken by PS after receiving the forwarded message. (For Mumbai Police, such parking messages are too trivial)
  4. 2 points
    Members of the forum can not provide authentic information on such query without facts and circumstances. You can file RTI Application to the concerned State Public Information Officer, District Supdt of Police and can seek information. Information solicited: 1)Please provide the copy of manual/orders/ laid down norms for presenting an accused to the court for remand and those steps to be taken for modes of transport, various entries to be made etc.,
  5. 2 points
    Never part with the cheque. Cheque for format of issuing notice under Sec.138 of NIA to drawer /PIO in google and wait for a response. Do not protract the matter and focus on information. As PIO has provided information required, let us appreciate his attitude and not penalize him. Report this as complaint to FAA and seek refund of such fees in demand draft. Before all this speak to PIO and report of bouncing of cheque. You have no where informed the reason for return of the cheque.
  6. 2 points
    What is the present status of your RTI process? If your present query is on filing fresh application, you need no guidance as you have applied for such inspection in the past, and this time either you can request that representative to file RTI Application in his name or file application jointly signed by all three representatives. Please search in the forum as there is a beautiful and useful HC Judgment on such permitting representative in the forum (In previous replies) If I find the time, I will search it for you and provide the link. Please specify whether you wish to file a fresh application in the name of such representative or you wish to file an application to some other public authority as I remember that FAA has refused to provide inspection through a representative in the past and delivered such orders, closing that issue only for the second appeal before Commission. (My last response requesting you to post developments is on the progress in the advice of your HC advocate ON ECONOMIC CELL) This is the link that states HC ruling on permitting representatives.
  7. 2 points
    When an applicant fails to receive any response of his application seeking information from State Public Information officer, within 30 days from date of receipt of such RTI Application by SPIO, the applicant has to go for First Appeal to superior authority of PIO designated as First Appellate Authority within the same organisation, on grounds of deemed denial. A simple format for guidance is being provided. First Appeal dt.20th Feb,2019 under RTI Act Before: First Appellate Authority, BAU, Agra Against: SPIO, BAU, Agra Appellant: Grounds for Appeal: SPIO has neither provided information nor rejected information for RTI Application of this appellant dt.....till today. As there is no response from SPIO within 30 days of receipt of the application, seeking information as deemed denial this first appeal. PRAYER: Appellant prays for directions to SPIO for providing the information free of cost as expeditiously as possible. Appellant.
  8. 2 points
    If one wants to play a game, he must first learn the rules. Under RTI, any relief/remedy is only as stated in RTI Act. Except going for second appeal and then to CIC, there is no other way. If second appeal decision is not satisfactory, then one may go to HC. There are no short cuts and only one high way and you have to cross the check posts of first and second appeal. (If only all appellants go to HC after FAA orders, HCs should have been flooded with such writs and made CIC a dummy authority)
  9. 2 points
    Then the only way open to appellant is going for the second appeal and let PIO & FAA establish the personal interest of appellant or that information that amounts to invasion on the privacy of others when the issue is related to the preamble of RTI Act namely Transparency and accountability of officials in treating citizens complaint. The other way is to let the complainant himself seek such information under the RTI Act, so that CVC may not use this section against complainant himself.
  10. 2 points
    Please avoid interrogative form while seeking information. Though that form is accepted still some CPIOs deny information that the queries are in questioning form. Ex: 1. Please inform the process under which GST Council is entertaining the requests for GST Tax reduction on products. 2.Instead of On which basis seek the basis on which 3. Please inform the criterion on Fixing GST at 18% in case of raw materials and a scrap of copper, zinc, brass, iron when these were carrying at 4 and/or 5% rate during VAT. 4. Please inform the pending considerations if any for reduction GST rate on metals and the present status and the period by which they are considered for implementation.
  11. 2 points
    Kindly file another RTI application through your Friend / CA or Architect as the case may be, with the same PIO and this time around download and attach the following CIC decision along with your RTI application: https://ciconline.nic.in/cic_decisions/SM-15102008-06.pdf Also read the blogs on the following links: https://rtiindia.org/blogs/entry/1758-assistance-in-inspection/ http://www.rtiindia.org/forum/blogs/jps50/856-how-inspect-under-rti.html
  12. 2 points
    opt legible certified photo copies and regarding station dairy though this is helpful, but it is only a pointer
  13. 2 points
    File a RTI application and seek the information the required information. Just ensure that, all your RTI queries point towards seeking photocopy of documents.
  14. 1 point
    In your application have you solicited the same : Ex: As per the purchase order dt...., 27 units of hot and cold water purifiers were purchased, Please inform the location of each hot and cold water purifiers installed with the place and dept., and the specific number given for those assets provided and entered in Asset register and copy of installation certificate by the supplier with copies of plumber receipt for fixing the same.
  15. 1 point
    Point No.1: This forum is dedicated for guiding citizens in seeking information from public authorities under RTI Act and members learn and share knowledge on RTI through the forum. This forum is not connected to any Govt departments and never maintains any records of any institution including Women's college and as such Forum can not provide the attendance particulars of Reena D/o Sathpal B (a) of Sixth in Women's college, Sector 18, Rewari. POINT NO:2: As a citizen you can not get that informtion as it amounts to invasion of privacy and the erstwhile IC Sreedhar Acharya has imposed penalty on PIO for providing such information, as it involves security of a student. (In that case address). However, if that student is having a nominal name in rolls without attending colleges, and still getting attendance, then it amounts to larger public interest and you have to establish such fact of fake entry and can seek such information. (She may be attending a private coaching center and not attending classes at Approved Women's college, but still manages to get attendance)
  16. 1 point
    Sir, You are well known member in the RTI forum and active in RTI. You are aware that a citizen can only seek information as available on record. If the PIO states that information is not available (No action was taken on your grievance petition and hece it was consigned to dustbin, which they call file/lodge) nothing can be done unless we are sure that some action might have been taken. An applicant can not seek the quality of their action and can only go for first appeal if the information is not satisfactory or denied under Sec.8 or 9 subsections mentioning the section and with such justification. I have expressed my opinion that there is no ground for appeal if PIO states that there is no record.
  17. 1 point
    How many number of documents are required to be inspected? If they are not much, then take a photocopy of the entire file instead of going in for inspection. You can also take photographs of the documents with the help of your mobile phone, which will be free of cost. Use CamScanner application for taking photographs with the help of your mobile phone.
  18. 1 point
    Such usage is ornamental and flowery to please citizens. The query has to be constructed on facts of the case and unless facts are stated, it is not possible to provide precise guidance. When PIO has to provide any information on record available in the form of material, this stipulation is superfluous and serves no additional purpose according to my knowledge.
  19. 1 point
    I am sincerely afraid that your fears may be on pure assumptions. The structure in apartments are on robust column structure. Before agitating on the issue, take a good Govat approved Civil Engineer and get a certificate from him that the modification is dangerous to the building structure. Then it becomes a hazard and covered under Life or Liberty clause for which information has to be provided within 48 hours. The query to Corporation was provided with my first reply and reproduced as follows: Information solicited: 1. Please provide the certified copies of an application made, sanction/approvals given for modification/restructuring of the building including the sanctioned copy of blueprint for the following. i.Name of the owner:.........................Flat No...................in ........................towers -H.No...............at....ward No... Full address:...................................... 2. Please provide the approval of sanction given from residential to commercial as the structure is to be used as Gymnasium, open for public.
  20. 1 point
    First things first, seek from Corporation/Municipality as to whether the owner of H.No...............at....ward No...of..........(Flat No....of Towers..............)..area was permitted to modify/alter the construction and received sanctions for changing from Residential to commercial and if so ask them to provide such certified copies of applications and sanctions with blue print. After receiving the information that establish the violation, report to the Commissioner and mark this as a copy to Society and to Registrar of Societies, for taking prompt action and stop the violation. Personal relations are more than any other trivial matters, and always do such larger public interest activities through a friend or relative from a different station.
  21. 1 point
    Mr.Damodar, There were more than 25 posts/replies in the thread and a minimum of 4 hours might have been spent on the thread. Even without getting response from PIO and FAA, assuming something in advance and making so many posts is not proper. Always cross the bridge when it comes. Do not seek guidance on assumptions and always post response.
  22. 1 point
    Indian Constitution guarantees equal rights and does not show any particular favour to those born on specific dates. Except birthday being celebrated on a holiday, and sweets being distributed by schools on that day, there are no specific concessions or promotional incentives for those baby girls born on any day. This is just a canard being spread by some smart citizens. All baby girls are having special concessions equally in reservations both for education and employment, and there are several other benefits like deposits like Sukanya Samurddhi yojana at Post offices etc. (Indians are really smart. If such concessions are there, they plan for having a baby or even managing to get such birth certificate on that day) For more details read the earlier replies to the same query in this forum.
  23. 1 point
    Please contact any voluntary organisation in your area that helps in Consumer Protection act or a friend or relative that is having understanding of CPA. As this forum is dedicated to RTI, providing details guidance on other issues may not appear proper. If you fail to get good guidance, then seek guidance in the forum.
  24. 1 point
    Let FAA respond are the last words. Now that you have filed first appeal unless FAA delivers his orders you can not proceed further in this application case. You have also been advised to get fresh application filed and a suggestion of that query was also provided. When the ball is in other's court, you can only play if it comes into your court.
  25. 1 point
    This is a non RTI matter and linked to faking of private party's rights. A dedicated forum can only discuss issues threadbare and the real remedy is through proper court of law through a sincere advocate. You have received guidance to the maximum extent possible, and RTI role comes to an end, after disclosure of facts on record. Remedy is not under RTI for other issues than seeking information.
  26. 1 point
    Go for second appeal and state Grounds for appeal that SPIO is not providing information even after FAA orders. Mark this as a copy to FAA and reproduce verbatim reply of PIO or if the response is in writing enclosing such copy. SIC takes very serious note of this disobeyane of FAA orders. Except going for the second appeal under RTI , there is no short cut. However, if you are an affected party and scholarship is delayed, issue simple Registered notice under CP ACT demanding for such details on your scholarship and do not state about RTI in that notice. Wait for a month and file a complaint before District Consumer Forum for deficiency of services seeking relief of early disbursement and compensation of Rs.25,000/- for harassment. If you appear as a party in person, you need not spend more than Rs.200/- and the process is simple and easy for any citizen. The nominal costs you have to spend is for typing number of copies and postage only, there are no fees involved in making a complaint before the Forum. You can also make a complaint as a grievance to District Collector.
  27. 1 point
    Unless the query is clear with facts of date and issue, it is not possible to guide with preciseness. 1. Wait for exactly one month from the date of posting your complaint, then file RTI Application seeking information on action taken on your complaint. Report this inaction to DBOD, RBI, Fort, Mumbai. 2. Also, issue a notice for taking action as expeditiously as possible on your complaint and inform them that you will be constrained to knock the doors of Banking Ombudsman and District consumer forum for relief/remedy claiming compensation for harassment. 3.After one month from the date of the notice, file online complaint/grievance before Banking Ombudsman. You need not incur single rupee expenditure for this step. 4. Make slight modifications if required and file complaint before District consumer Forum praying for crediting of the wrongly debited amount, expenses, costs amounting to Rs.5,000/- and compensation for harassment up to Rs.50,000/-. You need not incur more than Rs.200/- towards costs of stationery, typing, and postage etc. You can appear as a party in person and there is no elaborate procedure in District Forum like in Courts. Be certain that you can get a valid remedy with all these steps.
  28. 1 point
    The lands under Forest dept., but without any trees and left unoccupied are Adavi poramboku lands and mostly under the occupation of such tribals. Now that AP Govt has uploaded Maa Bhoomi website, you can search for such lands in the website. If you want more details you can file application to the Tehasildar of your area and can seek information as follows: Application dt.20th Feb, 2019 seeking information under RTI Act Before: State Public Information officer, Tehasildar,...........Mandal. Fee: Rs.5/'- Adhesive court fee stamp affixed here below. Applicant:......... Information solicited: 1) Please provide me the copy of GO/Circular/notification that states definition of ADAVI PORAMBOKU LAND and the rights of citizens in enjoying possession and enjoyment, the procedure for making a petition for allotment etc., Applicant
  29. 1 point
    It is left to your discretion and convenience. If you submit appeals with different dates with many gaps IC may consider different hearing dates. But, in practice, IC follows a procedure of seeing the convenience of Public Authority (SPIO), as listing second appeals of one public authority in one date is convenient for them and they need not attend on many dates. In your case, if second appeals are filed on different dates, SPIO has to attend for hearing 8 times and the appellant from the different station has also to attend 8 times. If you look at convenience, it is much comfortable for both SPIO and Appellant to complete the formality of hearing on one day, instead of 8 days. Appellant has no say in fixing such hearing dates, and mostly these clubbing of several second appeals against single public authority by one appellant gives a prejudiced opinion on an appellant to IC. (This is my personal opinion and experience). Finally, appellants can not interfere in the process being followed at SIC and he can only attend when called for hearing. Coming to demanding identity, the response and receipt of SPIO and FAA itself is confirmation of identity while filing second appeals, there was one decision earlier that no such identity must be insisted for second appeals, though identity is insisted during the hearing. In spite of this directive, still even CIC rejects the second appeal for nonproduction of identity. As there is no difficulty in providing AADHAR or PAN or Voter card, one need not worry about this formality.
  30. 1 point
    File a Consumer complaint in District Consumer Forum against the restaurant for deficiency of services, as Restaurants are supposed to offer the minimum facilities like Toilet and drinking water. If they have a CCTV footage, you can also seek through the forum for the footage of your conversation and a waiter insulting you etc.. You need not spend single rupee for filing a complaint and you can file a complaint with bare minimum expenses of less than Rs.200/- towards costs of stationery and postage.
  31. 1 point
    Please understand the difference between a complaint and second appeal. Complainant is not entitled to information, and the IC may or may not penalize the PIO, unless he is convinced that rejection is deliberate and malafide 99% complaints are simply heard and closed as a ritual. Under Sec.18, a complainant under RTI Act can only pray for reliefs and not entitled for information. The action against PIO is in between PIO and IC, and the complainant can only pray but can not insist for information, and other remedies are at the discretion of PIO. Under the second appeal, appellant can seek all such appeals. Now, you are not a new entrant to RTI and became as regular and well-known member, filed several RTI Applications to several public authorities. It is time to improvise your skills and should be in a position to lead others. Please study the prescribed format for second appeal in CIC website and state Grounds for Appeal and prayer as follows. Grounds for Appeal: Both PIO and FAA failed to state as to how action taken by CVC on a complaint filed by another citizen amounts to invasion on privacy of that complainant, as information on action taken by a public authority is connected to transparency and accountability is involved. The rejection defeats the very objective and preamble of RTI Act and information was rejected without giving any justification and defeats the objective of RTI Act, hence this second appeal. The appellant considers the rejection as deliberate and malafide. PRAYER: Appellant prays for directions to CPIO for providing of the information as expeditiously as possible free of cost and further prays for penalty and recommendation for disciplinary action, treating rejection as deliberate and malafide. Make it a point to first send the copy to CPIO, and invariably enclose the self-attested postal receipt copy with your original set of the second appeal to CIC. Please send only one set of second appeal to CIC and self attest all copies. Send the appeal by Regd post and track the status of delivery in indiapost website, and search in website of CIC about such numbering after one week.
  32. 1 point
    You can always file a second appeal and book a place for yourself in the queue at Information Commission, so that your number in the queue starts moving forward. By the way, before which State Information Commission you are supposed to file a second appeal, because in Mumbai, Maharashtra, it just takes a couple of months and not two years for a second appeal to come up for a hearing!
  33. 1 point
    Please post developments for sharing your experience with others as it may be useful for others.
  34. 1 point
    As you are having a copy of such grant, you may first inspect the property physically and whether it is vacant or in some one's possession, and can also obtain EC on the property from last 12 years from Registrar office. Once the land is not being in occupation of a stranger, you can seek certified copy of the Patta from the authority that has granted the patta.
  35. 1 point
    If you require information, RTI u/s. 6(1), First Appeal u/s. 19(1) and Second Appeal u/s. 19(3) or Complaint u/s. 18(1), is the correct way forward. As far as complaint at an economic cell of police is concerned, it can be for any other purpose other than seeking information.
  36. 1 point
    Irrespective of doubts, complete the process of first appeal and let Information commission decide the matter if FAA also agrees with PIO.
  37. 1 point
    Section 6(3) can be used as per many judgements if pertaing to same office too . There is nothing in the Act which would show that Parliament intended that the transfer should only be to one public authority. It also appears that DOPT's office memorandum is in contravention of the General Clauses Act 1987 and interpreted Section 6(3) of the RTI Act wrongly. The whole purpose of the RTI Act has been to facilitate flow of information to the Citizens
  38. 1 point
    If the information is not available in material form with one PIO, such PIO is not supposed to collect, compile and collate that information because an applicant has sought for such information. You can go for first appeal, if you are aware that such information is available with one PIO in consolidated form. If not PIO is correct in his stand. You may take a chance by stating such DOPT which was overruled by CIC and can pray for such information.
  39. 1 point
    If you want correct guidance, please post your exact query, as members cannot open every attachment, read and study it for you. Members aware of the technical points never open any attachment from strangers. Also, respect the precious time of members for studying the entire papers to guide. If you wish to go for the first appeal you can raise those grounds basing on which PIO has denied the information and you may enclose a copy of CIC decision and seek a personal hearing from FAA.
  40. 1 point
    If you want remedy under RTI Act, you have to follow the prescribed process stated in RTI Act. You can approach the HC only after CIC decision. You can file PIL, if there is larger public interest and have the sold proofs of such corruption and MGPT naturally mentions that you are a disgruntled contractor and may allege some other thing against you to prejudice the judges against you and court may impose costs if the PIL is dismissed as false. Contact Advocate and use a friend or relative to file such PIL in the larger public interest on corruption and not on RTI inspection.
  41. 1 point
    `Kindly go through CIC decisions through a search and in which IC has given a decision that assistance has to be permitted. The only option is going for second appeal to CIC.
  42. 1 point
    सुचना के अधिकार तहत आवेदन करे हर कम्प्लेन की अलग अलग सुचना के अधिकार तहत आवेदन करे सुचना प्रपात होने पर यह निष्कर्ष निकले की किस CrPC प्रवदहन तहत अरेस्ट होई है प्रथम सूचना रपट के सर्टिफाइड प्रति प्राप्त करे वकील से मेल कर सलाह करे
  43. 1 point
    As I again visited to office I have been told that in a month hearing will be held and the letter of hearing will be posted. Sent from my Redmi Note 5 using RTI INDIA mobile app
  44. 1 point

    Version KHANAPURAM GANDAIAH v. Officers


    The Hon’ble Supreme Court of India in Khanapuram Gandaiah Vs. Administrative Officer and Ors. Special Leave Petition (Civil) No.34868 OF 2009 (Decided on January 4, 2010) had held as under: 6. “....Under the RTI Act “information” is defined under Section 2(f) which provides: “information” means any material in any form, including records, documents, memos, emails, opinions, advices, press releases, circulars, orders, logbooks, contracts, report, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force.” This definition shows that an applicant under Section 6 of the RTI Act can get any information which is already in existence and accessible to the public authority under law. Of course, under the RTI Act an applicant is entitled to get copy of the opinions, advices, circulars, orders, etc., but he cannot ask for any information as to why such opinions, advices, circulars, orders, etc. have been passed.” 7. “....the Public Information Officer is not supposed to have any material which is not before him; or any information he could have obtained under law. Under Section 6 of the RTI Act, an applicant is entitled to get only such information which can be accessed by the “public authority” under any other law for the time being in force. The answers sought by the petitioner in the application could not have been with the public authority nor could he have had access to this information and Respondent No. 4 was not obliged to give any reasons as to why he had taken such a decision in the matter which was before him.”
  45. 1 point
    This letter dated 7/2/2019 I recived on 8/2/2019 Sent from my vivo 1606 using RTI INDIA mobile app
  46. 1 point
    Experts in the forum always advise members to attend First Appeal Hearing, as getting information becomes much easier and certainly it discloses sincerity of the appellant if the information is the focus. If you have time, and if the information is urgent, important and your focus, do avail the opportunity.
  47. 1 point
    ‘No expenditure has been incurred on (the) filming of the video posted by Shri Narendra Modi. The video was filmed at the Prime Minister’s Residence. The videography was done by the PMO cameraman. Nothing has been procured for the video,’ the PMO said. The 'Fitness Challenge' was started by Rathore on Twitter as part of the 'Hum Fit Toh India Fit' campaign on May 22.While taking up star cricketer Virat Kohli's 'Fitness Challenge', the Prime Minister on June 13 shared a video of him performing yoga on Twitter. Later, some reports said that Rs 35 lakh were spent on making the video.
  48. 1 point
    LUCKNOW: The Central government has provided categorized security cover to 308 persons, out of which 24 have been provided the highest Z-plus cover, according to the answer to an RTI query. As per information provided by S.C.L. Das, Joint Secretary in the Union Home Ministry to city-based activist Nutan Thakur, two dozen persons have been given Z-plus security, 59 persons have been given Z security, 109 have been given Y-plus, 34 have been given Y and 82 persons have been given X category security.
  49. 1 point
    BIJNOR: As many as 20 senior state officials were slapped with a fine of 25,000 each by state information commissioner (SIC) Hafiz Usman after they were found delaying replies to RTIqueries by applicants in different state departments. The erring officials including public information officer of UP State Ganga River Conservation Agency, Lucknow, district magistrates of Saharanpur and Sambhal, chief medical officer of Saharanpur, BSA of Sambhal, district panchayat raj officer of Amroha, district programme officer of Sambhal, district supply officer of Saharanpur, deputy registrar of Vilaspur in Rampur, BSA of Amroha, chief medical officer of BD Baajoriya Hospital of Saharanpur, CMO of Rampur, DIOS of Sambhal, executive engineer at PVVNL, Khatauli of Muzaffarnagar and Najibabad of Bijnor district, Block development officer of Deengarpur in Moradabad, BDO Nahtaur and Afjalgarh of Bijnor district, BDO Gangoh in Saharanpur and village secretary of Jaleelpur area in Bijnor district, have been slapped with the fine. According to sources, the fine has come as a surprise to the officials concerned.
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