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Showing most liked content since 12/01/2019 in all areas

  1. Some of you -- at least CJ Karira, who helped me years ago in one crucial step, getting SEBI to acknowledge its own circular! -- know of a 15-year quest among desi academics to get SEBI to release its stale masked FII data for academic research. At one point years ago a parliamentary query by Shyam Benegal, then Rajya Sabha MP, sought the release of this data for academic research. He then made a subsequent RTI query asking what had done about his complaint about the terrible answer he got to his parliamentary question. We thought we had succeeded when in response to that SEBI did put in publi
    4 likes
  2. For seeking Information: 1. File a RTI application under section 6(1) of the RTI Act with the concerned Public Information Officer (PIO); 2. If you do not get the information from the PIO, then file a first appeal under section 19(1) with the concerned First Appellate Authority; 3. If you do not get the information despite filing a first appeal, then file a second appeal under section 19(3) with the concerned Information Commission. For Complaining: Consider the following example situations: > There is no available PIO with whom a RTI can be filed, how would yo
    3 likes
  3. Description of Information Required: In accordance with the provision of section 2(j)(i) of the RTI Act kindly provide me with an inspection of all the documents pertaining to the XXXX... Kindly do prepare an index and paginate all the information offered to me for an inspection, and suggest three alternative dates for an inspection. In case, I have any difficulty with the dates offered for inspection, I will inform you about the same, and you may kindly do the needful to address the same. Please note that, during the process of aforesaid inspection, I shall select the required
    3 likes
  4. You may get information on Gross salary and name of the workers. Deductions are personal information of third party which need not be disclosed to applicants as there is no larger public interest. Instead let your wife file RTI Application seeking information on such deductions. or discover a way in getting clues by seeking information without names. EX: Please provide details of various deductions made from gross salaries ASHA workers as per laid down norms and how the amount is being sent to those organizations.
    3 likes
  5. Yes, indeed you can get all the information regarding the salary of Asha Workers. You need to focus on two things 1. Where to file 2. What to ask Where to File You should file RTI with the Block Development Officer of your area.If in doubt, it can also be filed at the District Collector / Deputy Commissioner office What to Ask You can file an RTI asking for the salary certificate of all the Asha Workers. You should also get the Payroll copy to understand the actual amount that has been debitted. For the documents, generally Asha Workers sub
    3 likes
  6. I strongly condemn this attack. Such attacks have occurred in the past as well, and there is no way to ensure that it won't happen again with someone else. I feel its time India thinks on the following lines. 1. Create separate ministry of RTI in Central & all State Govts. 2. Ministry to be managed by a group of Public Body, not by any one Elected Representative. 3. Create a Spl Dept of RTI in office of every Public Authority. 4. This Dept be kept beyond Jurisdiction of concerned Public Authority 2 avoid bias. 5. Atta
    3 likes
  7. File a second appeal and apart from other grounds that you may take also add the ground of public interest and quote section 8(2) of the RTI Act: Section 8(2) is reproduced below (emphasis added):
    3 likes
  8. A citizen should seek information available in material form as record from that authority with whom that record is available. You know where the panchnama is available as record. You have to file RTI Application in hard copy mode as per laid down rules and regulations of your state to that Public Information Officer, in whose office Panchanam is available and you will certainly get the same under RTI. It appears that you have filed on line RTI application to Central Government RTI portal and it is not to be used for seeking information from state government departments .
    3 likes
  9. RTI is mainly about seeking certified photocopies of the documents. Just frame queries such that it points towards documents. For instance, please provide me a certified photocopy of the documents wherein has been noted specific details of liabilities of my project mentioned in the NDC form.
    3 likes
  10. Please upload CIC decision and post the story as success story. After terrific gas leakage at Vizag, these kind of Larger public interest applications brings into light the deficiencies of the units much early. You are a lay man, and you should be accompanied by an expert of some voluntary organisation and the report you submit to them MPT may bring several safety violations . Search on line for such expert in any voluntary organisation.
    3 likes
  11. The PIO has cited the exemption of section 24(4) for denying the information requested by you. Please peruse the provision of section 24(4), the same is reproduced below: As you can see, your best chances of getting the information is, if you can show that the information sought by you pertains either to (1) allegation of corruption or (2) violation of human rights. It seems that, in the facts of your case, the information sought by you may possibly fall under the category of 'violation of human rights'. If that is the case, then you may file a first appeal before the c
    3 likes
  12. Just be polite and formal like a professional. Download the blog on inspection by JP Shah and carry it in the form of hard copy and take usual precautions . Search in website for Hon'ble Sailesh decision in our forum, wherein in CIC decision he ruled that PIO has to provide the information as on record, irrespective of the type of query. Write a thanks letter, seek for specific appointment date, timings, officers to be contacted and provide him the list of files you wish to inspect. Wait for their call and attend inspection atleast before 15 minutes to the given time. Never argue, do
    3 likes
  13. Focus on what an appellant can do and forget these routine highhandedness of ICs. Because it is the first time, you might have felt bad, and this is usual and most of the ICs are biased. If you wanted real remedy, take the lead and file writ after receiving decision. Sitting or standing is not important, even some persons were are imprisoned on false charges for seeking information under RTI as public authorities are having such power. Getting information is the only priority, focus on that, ignore others as some persons are having attitude, power, arrogance issues and just pity them for
    3 likes
  14. Sir, deputy collector has ordered the investigation by submitting Memorandum to Mamletdar
    2 likes
  15. Congratulations. Members have seen your growth and you are updating in the forum all your efforts as a good activist, undaunted by authorities defiant attitude. Please post your success story. Members are proud of your achievement and your keen interest shown in the forum for getting timely guidance.
    2 likes
  16. Thank you dear Sunil Ahya and Prasad GLN sirs. I value your inputs and thank you for the same. Sunil Ahya sir: The FAA has accepted my appeal about the undue amount of time being taken by the CPIO and had ordered that the information be provided in 7 days time. It is only after this that the CPIO has started sending these responses to my RTI. Most of them seem to be pretty much not of much use of of the kind that I had reproduced above. I will appeal the above response to the FAA in the manner in which you had recommended. Prasad GLN sir: Thank you for your suggestion.
    2 likes
  17. Establish larger public interest to the satisfaction of the PIO so that he can not use any exemptions under RTI .(Thank your stars as you are fortunate to get most details in 2017). Salary (Basic), designation, Branch working, are not treated as invasion on privacy. Loans and addresses (Women employee) in case of women are certainly exempted . If you want that information, there are several unauthorised channels like Private Detectives etc to get such information and we are not supposed to discuss in forums. (In India nothing is difficult)
    2 likes
  18. There are several conflicting views. 1.The Madras High Court has ruled that irresponsible PIOs should be shown the door. 2.CIC and HC judgment states that a Citizen is entitled to information alone and he is confined only for prayers and other action against PIO are at the discretion of IC. 3.FAA is beyond all, and in one HC Judgment, the HC has withdrawn the strictures passed as there is no such clauses and responsibilities were entrusted in RTI Act. As our Great Guru Mr Karira has stated 5 years back, the Act is on Ventilator with artificial breathing, with some remote s
    2 likes
  19. Being a banker, you are well aware that even several decades before enactment of RTI , Bankers' statutory obligation is to maintain secrecy of customers' accounts. There are certain exemptions and those exemptions are not for public and is for Police (law enforcement) , Statutory authorities(including courts/Taxes), interest of other banks (sister concept) and when the bank's own interest is involved. However rate of interest is not personal information and it is to be announced in Public. You can reconstruct your query and seek specific information on rates of interest applied on such
    2 likes
  20. Grounds for appeal: It was decided in several CIC decisions that when applicant solicits hard copy , it has to be provided in the form in which it is requested, as many common men are not well versed with such downloading procedure and have such mechanism with them. Even if information is denied with such reason (unknown in RTI Act as a reason for denial), the minimum courtesy is providing such copy of link instead of directing the applicant to go through hundreds of such directives. PRAYER: Please direct CPIO to provide the information as expeditiously as possible free of cost as info
    2 likes
  21. You can send simple notice by Registered Ack due yourself to the Registrar with following facts. Notice under CP Act dt..... To......................... ---------------- Take notice of the following facts. 1.This complainant is a successful candidate with Reg. No..............in...............course in the Academic Year................from........................college. 2.This complainant has on....................paid Rs...................as consideration for availing ......................services. 2.As per citizen charter, a time frame was fixed for pro
    2 likes
  22. Nailed it Perfectly! After 5 years hard work Hon'ble SIC DIRECTS DEPUTY COMMISSIONER TO LODGE FIR AGAINST CUSTODIAN OF RECORD OR ANY OTHER PERSON RESPONSIBLE UNDER SEC 201 IPC OR PUBLIC RECORD ACT 1993 Followed till hilt!
    2 likes
  23. Also, seek a photocopy of: Please provide a photocopy of the permissions granted by the appropriate / concerned Municipality for the construction of the said structure (define the particulars of the constructed structure so as to identify it for the purpose of seeking information).
    2 likes
  24. According to my knowledge, if your allegations are true, making a complaint with full details to the Ministry of education and in the grievance portal will be more helpful. However you must have a record of facts before making a complaint and you can file RTI Application to Director of College Education or to the concerned University with which it is affiliated. Follow RTI rules applicable to your state in format and fees. (You can search any Govt website for that RTI Application format and mode of remitting RTI fee of Rs.10/-. You can seek information as follows. Information s
    2 likes
  25. एक अन्य आरटीआई आवेदन दाखिल करें और एसपीआईओ से जानकारी लें कि किन नियमों / खंडों के तहत एसपीआईओ ने 1.1.Kg वजन दस्तावेजों के लिए डाक शुल्क की मांग की है।
    2 likes
  26. Do you intend to seek information with respect to the remuneration of an employee of a public authority, then the total remuneration figure should be available in the 4(1)(b)(x) of the RTI Act.
    2 likes
  27. Always file application through hard copy by Registered post direct to the Authority, if you are not aware of the custodian of information. Go through rules, affix adhesive court fee stamp for Rs.10/- and file application in prescribed format.
    2 likes
  28. Kindly file a first appeal on the ground that, in accordance with the provision of section 2(f) of the RTI Act, 2005 the PIO ought to have accessed the information from a private body and provided the same to the RTI Applicant. Draft your first appeal by referring to the decision of the Delhi High Court in Telecom Regulatory Authority Of ... vs Kabir Shankar Bose. The said Delhi HC decision is attached herewith this post. TRAI_..._vs_Kabir_Shankar_Bose_on_20_November,_2018.PDF
    2 likes
  29. You have solicited following information from a Small savings a Public authority. "Please provide the certified copies of the following documents related to the loterries as per copy of lottery ticket submitted here Documents related to general administration, Organisational Structure, Rules, etc Sale of tickets, unsold tickets, Printing of tickets, Distribution of tickets, Prize structure, Lottery Draws, Publication of results, Prize and Agents Prize distribution, Income tax, Revenue collection, Profit and Loss details, Unclaimed Prizes,. The Director of Small
    2 likes
  30. Dear Sunilji & Prasadji Thank you so much. I have filed RTI as per your suggestion. After that they started behaving well. I have already got my last month salary. They have replied by saying they processed my OM also. But have not yet received and therefore I filed an appeal. But I have to say. "The Power of RTI is great". They admitted I have no liability in RTI. They admitted they do not need No outstanding Liability certificate from me. Thank you so much. Rethi
    2 likes
  31. Remember, RTI is not a complaint or grievance redressal way. An Indian citizen can as a right can seek information from public authorities if that information is available in material form as public record and not exempted under RTI Act. In your case you can file RTI Application and seek laid down norms/orders/guidelines and free to use that document for remedy through HC (Writ mandamus) To my knowledge transport is treated as Public Utility and essential service and lockdown rules may not apply to certain employees performing such duties for COVID19. Application dt.
    2 likes
  32. The first question is as to whether the Lottery is having such permissions/approvals/sanctions etc. Now that they have identified public authority, as the process has already started, wait for their response. Depending on their response you can go for first appeal if possible. It is still doubtful whether endowments/temples are Public authority or not. You ought to have asked whether the temple is having such permissions to conduct such lotteries and entire set of documents submitted by them temple authorities while seeking permission if any for conducting such lottery and
    2 likes
  33. It must be an old rule. I remember that DOPT issued circular that every authority State or central must accept IPO fvg.Accounts officer as Uniform practice. I have given many options and you can explore any one and preferably blank and seeking assistance of SPIO in proper filling IPO enclosing a blank IPO.
    2 likes
  34. Dear Sir, I have attached the judgment of the Delhi High Court following the decision issued by the Central Information Commission, regarding “Composite Petitions” composite petitions CIC_KY_C_2015_000152_M_180880.pdf delhi high court judgment.pdf
    2 likes
  35. Under the provisions of the RTI Act, a FAA does not have the power to impose a penalty on a PIO. The power to impose a penalty is available only to an Information Commission. Please refer to section 20 of the RTI Act.
    2 likes
  36. You can briefly narrate all your efforts and post the same in success story, so that other members can get inspiration from your efforts and perseverance.
    2 likes
  37. Make a complaint to State Information Commission, establish that temple as Public authority stating all such requisites and major contributions by Government. Get that appeal decision and study before once again going to IC.
    2 likes
  38. This appears as a private civil complaint with your neighbour. RTI Act shows the way for obtaining information available in the form of material record with public authority and provides that information to citizens if it is not exempted under Sec. It appears to me that your query is beyond ambit of RTI Act and only local advocate can provide a remedy for your problem.
    2 likes
  39. Under RTI Act the only right a citizen is having is for information that is not exempted alone and for further appeals under RTI. Imposing penalty against CPIO is absolute discretion of the Information Commissioner, a citizen has no right to demand for such penalty. If the problem is with information writ is the final remedy against IC decision. If for imposing penalty, HC may consider it but HC can not take any action against IC. Waiting since 14 years for correct interpretation of the penalty clause and if some one gets that imposing penalty for violation is mandatory to
    2 likes
  40. You have raised the same issue of stadium/gym several months back, and you have already raised the issue under RTI and was told that gym equipment is not ready and not in full fledged etc., If you want you can file another RTI seeking information as follows: Information solicited: 1.Please inform the projected date of functioning of .............after the work has been completed. 2.Please inform the pending construction and other works associated with the commencement. 3.Please inform specific reasons for delay on record. 4.Please provide the proposed action within a
    2 likes
  41. As repeatedly stated by experts/moderators in this forum, RTI is not a problem solving, or redressal of grievances process. One can get only information and it all depends on the applicant as to how he uses such information to get a logical end for the actual problem. These issues have to be resolved collectively by active group of persons by submitting petitions to elected representatives like councellors, MLA, MPs etc and then following up through media coverage . RTI should also be made to Government Hospitals for collecting data on mosquito bites, outpatients treated for malaria
    2 likes
  42. You can file application on line and the information you have solicited is proper. Add few words in the following sentence. Kindly provide the following information in the form of certified copies.
    2 likes
  43. @ Shri Sunil Ahya : "3. You can file a RTI application directly addressed to their PIO, without waiting for the results of step 1 and 2 above, as follows (please note that for filing a RTI, name of a person is not required but only designation PIO is required):" Always write on the envelope only the HO name and do not write To, The Public Information Officer, If you write a public information officer, as there is no such designated officer, they may refuse to accept such application, which again should be sorted out through complaint to Telangana IC. Instead w
    2 likes
  44. The only yardstick and fundamental information required is as to whether such society cease to exist if Government funding is withdrawn. If it can not exist without such financial support it is within ambit of RTI Act. First file RTI Application, then if the SPIO denies that he is not public authority, with the above information as in first para, make a complaint before Telangana Informtion Commission.Commission. You can get their scale of pay and not total salary payable or bank account which are treated as personal information under Sec. 8 1 (J) There should be a logical endi
    2 likes
  45. Though it is not necessary to state the objective of seeking information, for that specific information that was qualified as in larger public interest, that larger public interest must be stated with more clarity. Seeking total minutes for two years (specific dates not mentioned in application) may not appear as justified. Grounds for Appeal: SPIO has not provided exact such sub section in Sec. 8 (1) and provided justification for applying that exemption, and quoted CIC decision without application of mind to deny information. SPIO is expected to quote section, sub section and justif
    2 likes
  46. Those reports unless they are placed before the Assembly can not be disclosed to public. If you are not satisfied continue the cycle and go for first and second appeals stating larger public interest.
    2 likes
  47. First Appeal dt.10th Mar, 2020 under RTI Act Before: First Appellate Authority,................Railways,..................... Against: CPIO,................................................. Appellant:...................................... Grounds for Appeal: CPIO reply ref...................................................to RTI application dt....................is treated as unlawful and deliberate denial, as CPIO has not applied his mind for denying information and denied information by stating such clause, where as he is supposed to justify as to how Sec.8 (1 ) (d) and
    2 likes
  48. When PIOs do not want to part with information, without application of mind, they will select all 8 (1) clauses one by one to deny information. Mere quoting of section and denying information is not lawful denial. They have to justify as to how such exemption clause applies to this specific information now being provided in the query.. Unless you provide the exact query, it is not possible to guide you on 8 (1) (d) you have to inform name of public authority also. Application of 11 as exemption is unknown. It is only formal letter written to third party seeking objecti
    2 likes
  49. The most learned in Gurus, Sri C.J.Karira, who is the main architect of this forum and a valiant fighter for RTI till recently. His contribution to the forum is immense and without mentioning him RTI is not complete. Just check for his contribution to the forum, it is a diamond mine, free for all for digging.
    2 likes
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    • सड़क निर्माण में भ्रष्टाचार ना हो और पारदर्शिता के लिए आप चाहे तो निर्माण स्थल से #RTI के तहत निर्माण कार्य का सैंपल लेकर लैब में टेस्टिंग के लिए दे सकते है। http://rtiindia.org

       

      : https://righttoinformation.wiki/guide/applicant/application/sample/road-work
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    • Instances that involve disclosure of sensitive information, it may be rationale for the CPIO to ask for citizenship proof
      Information Commissioner Divya Prakash Sinha held that seeking citizenship proof in case of demand of sensitive information is justified but seeking a signed copy of the application does not seem appropriate as the online portal does not mandate uploading of signatures.
       
      Sinha was hearing the plea of an Odisha-based RTI applicant who had sought from the Army information regarding implementation of rules under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 in all defence establishments.
      The Army did not provide any information to the applicant, the CIC noted. Akhand approached the Commission with a complaint that the central public information officer (CPIO) of the Army has demanded a signed copy of his online RTI application as well as identity proof before providing him the records.
      “In this regard, it may be noted that as far as CPIO’s request for citizenship proof is concerned, the same is not questioned as Commission in its prior decision(s) has held the view that Armed Forces stand on a slightly different footing as there may be instances that involve disclosure of sensitive information, and for such reasons it may be rationale for the CPIO to ask for citizenship proof,” Sinha noted.
      Originally posted here!
       
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    • Some of you -- at least CJ Karira, who helped me years ago in one crucial step, getting SEBI to acknowledge its own circular! -- know of a 15-year quest among desi academics to get SEBI to release its stale masked FII data for academic research. At one point years ago a parliamentary query by Shyam Benegal, then Rajya Sabha MP, sought the release of this data for academic research. He then made a subsequent RTI query asking what had done about his complaint about the terrible answer he got to his parliamentary question. We thought we had succeeded when in response to that SEBI did put in public domain that FII data and promised to update. And to  their credit, they did update it from time to time, even if a bit fitfully. But thanks to a question by a curious IIT-Madras undergrad, we realized that what SEBI gave with one hand they took away with another. While the idea was that the FII IDs would be masked to preserve privacy, without telling anyone, SEBI changed the masks each month, drastically reducing the value for academic research (since you can't even tell how many distinct FIIs are there in the data base, and whether anyone traded over time). It also caused mistakes in academic research since no one imagined that SEBI would use changing masks, when no other regulator or exchange on the planet does so.

      To get SEBI to finally agree to not hide by changing masks, but to keep a stable mask, has taken many years. But at least per the ruling received yesterday, it has been achieved, with no violence to anyone. I attach the ruling. I can also post the various submissions made at the Second Appeal hearing if there is any interest (need to scrub email-IDs, per the policy of this site).

      Addendum_To_CIC_2nd_appeal_28th_February_2020.pdfThis RTI site, in particular Karira-ji, has been very helpful to me in the course of this long episode thru countless RTI queries. And I am grateful for that from the bottom of my heart. I am confident we will see quite a few PhD dissertations using this database within the next few years.

      Addendum_To_CIC_2nd_appeal_28th_February_2020.pdf
      Second_Addendum_w_Appendices_29th_Feb_2020.pdf
      CIC-SEBIH-A-2017-139953-BJ.pdf
      Third_Addendum to Additional Submission for RTI Second Appeal_2nd_March_2020.pdf
      To_CIC_2nd_appeal_27th_February_2020_Redacted.pdf
      Draft_Talking_Points_for_the_Hearing.pdf
      From_SEBI_Written Submiissions - Murugappa Krishnan 139953.pdf
      thanking_CIC_post_decision_Redacted.pdf
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    • There can be no faith in government if our highest offices are excused from scrutiny - they should be setting the example of transparency.
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    • 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.

       
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