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Showing most liked content since 05/17/2020 in all areas

  1. Enclosed herewith this post an attached file containing the instructions given by the Department of Posts not to insist the identity of complainant while dispatching the complaint by speed / registered post. Department of Posts - Non Disclosure of the Identity of complainant under PIDPI.pdf
    3 likes
  2. Enclosed herewith this post the order of the Supreme court of India extending the limitation period for filing applications before any tribunal under any law for the time being in force, until further orders. This judgment can be used by RTI appellants for filing first appeals and second appeals before the First Appellate authority and the Information Commission, in case the RTI appellants have missed the deadline for filing appeals as stipulated under the provisions of RTI Act. Apex_court_-_Limitation_period_with_respect_to_all_judicial_and_quasi-judicial_proceedings_extended_until_f
    3 likes
  3. First contact his wife and seek such evidence of Wedding card, photographs and whether marriage was registered. You can also check for their ration card/voter card/Bank account/AADHAR details if you have finally decided to file a case for cheating. Infact you want remedy. It is your duty to file such complaint to Police providing the name of first wife, and it is their duty to investigate the case and book him by collecting all such evidence. Do not waste time thinking that you have to collect all such evidence. The resources with individuals are very less when compared with profe
    3 likes
  4. GROUNDS OF FIRST APPEAL: 1. The PIO has declined information against point no. XX of the RTI application by merely quoting the exemption to information under section 8(1)(j) of the RTI Act, 2005 without giving meaningful justification for arriving at that reason for denial. This is against letter and spirit of RTI Act. Please find the following persuasive precedents wherein the concerned authorities have ruled that merely quoting the bare clause of the Act does not imply that the reasons have been given: DECISIONS OF THE CENTRAL INFORMATION COMMISSION (CIC) IN THIS REGARD:
    3 likes
  5. 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
  6. 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
  7. 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
  8. 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
  9. 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
  10. 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
  11. 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
  12. 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
  13. In a given Public Authority, there may be several Public Information Officers & First Appellate Authorities, And therefore, a PIO, in his response to a RTI Application, should inform a RTI Applicant about the particulars of the correct & concerned First Appellate Authority. But in case a PIO does not do so, then a RTI Applicant should file a First Appeal, as follows: 1. Visit the Public Authority's website and try and look for the details of the concerned First Appellate Authority (FAA) under RTI link, especially in section 4 declaration. 2. If despite reasonabl
    2 likes
  14. Enclosed herewith this post the observations made by Madras High Court with regard to disposal of Appeals and Complaints under RTI Act, 2005 during COVID. Madras High Court - Consider Taking Up RTI Cases On COVID-19 Issues For At Least 3-4 Hours Every Day - Tells Information Commission.pdf
    2 likes
  15. You may file a first appeal on the following ground: Grounds of First Appeal: 1. I had requested for the following information vide point no. 12 of the RTI application. The same is reproduced below: "Inform me the name, designation and current posting address of officers and subordinate staff who verified the parameters of the construction of the building specifically with respect to permissible FSI, Floor plan and structural strength of the existing building." The PIO has replied stating that the said request does not fall under the definition of information as given under
    2 likes
  16. You may file a first appeal on the following grounds: 1. I would hereby like to draw your kind attention to the recent decision of Hon’ble Supreme Court in Transferred Case (Civil) No. 97 of 2015 (Arising out of Transfer Petition (Civil) No. 716 of 2012) in National Bank for Agriculture and Rural Development v/s. Sanjay SitaramKurhade, wherein the Hon’ble Supreme Court has upheld the reasoning given in the CIC Decision No. CIC/SG/A/2011/002405/16514, the relevant extract of which has been quoted below for your immediate reference and perusal: “The PIO has denied the information
    2 likes
  17. You may try writing to the General Administration Department (GAD) of the Government of Uttar Pradesh. Be polite and respectful while writing and focus on the merits of your submissions. Director, Suchna Bhawan, Park Road Department of Information & Public Relations Lucknow - 226001 Email : upinformation[at]nic[dot]in
    2 likes
  18. Sapling planted by Minister and Evidence submitted by RTI activist Damodar Divkar Murgaon, Coal companies and MPTs had planted saplings on the National Highway leading to Mormugao port at the hands of Urban Development Minister, As RTI activist Damodar Divkar has proved this with strong evidence, the brass of the forest department officials has been exposed. In the year 2019, Minister Milind Naik and MPT Chairman E. Ramesh The photo of Ramesh planting trees was posted on social media by Shri. Divkar has lodged a fresh complaint with the Chief Secretary of the state in this regard. About
    2 likes
  19. You may file a first appeal on the following grounds: 1. As per the provision of section 7(1) a requested information is to be either provided or the request rejected for any of the reasons specified under section 8 and 9 of the RTI Act. The PIO has neither provided the requested information nor specified any of the exemption given under section 8 and 9 of the RTI Act. Thus, the PIO has disposed of my request for information in violation of section 7(1) of the RTI Act. 2. As per the provision of definition of information given under section 2(f) of the RTI Act, documents held by
    2 likes
  20. 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
  21. 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
  22. 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
  23. 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
  24. Go through Sec.19 of RTI Act and continue further process of first and second appeal as expeditiously as possible remembering time frame. Wait for Information commissions' orders and if not satisfied go for Writ against University. Contact a local advocate and issue a Notice under CP Act claiming huge damages for not providing you the transcript if they have collected such fees. You can also explore possibility of filing writ mandamus in High Court after consulting your advocate.
    2 likes
  25. Congratulations for the perseverance. Hope this may not end here.
    2 likes
  26. 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
  27. 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
  28. 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
  29. 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
  30. Send E mail with details to that organisation and seek such result by mail followed by RTI Application as per prescribed format and applicable fees as stated in their website. (All this if public authority failed to upload such results as it is obligation on their party.)
    2 likes
  31. 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
  32. There are interesting blogs and also comments by many of our forum stalwarts like Hon.Karira, Ms.Raveena and Mr.Sunil. Further there was a recent discussion on HC Judgment . The Supreme Court Judgment on the difference is also available in the forum. Both serve different purposes. When first appeal could not be filed, or could not be filed within time frame, when information is not important within reasonable time a complaint can be filed under Sec.18. Remember, that complainant is not entitled to seek information but can only pray for other remedies like penalty and reco
    2 likes
  33. When there is a problem, by bringing attention to several authorities with ultimate focus to get information we address such letters. The following was the guidance and no advice was given to file grievance in consumer affairs pgrms portal. (as temple management may not be well versed, they my blur out is the hope) "You can also explore possibility of issuing notice under CP Act to temple and file a complaint against temple management for deficiency of service is not providing the valid information."
    2 likes
  34. The grounds for appeal duly numbered as i to vi and prayer was incorporated in the earlier reply. In CP Act, there are two important issues involved. 1.You have to pay some kind of fee, consideration for availing a service/purchase a product. and must have promised or paid that consideration to opposite party. 2.The opposite party after receiving such consideration must have failed to perform his part of obligation that amounts to either negligence or deficiency of service and thus the complainant was deprived of the service assured by OP. 3.Then one has to approach to Dist
    2 likes
  35. 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
  36. 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
  37. 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
  38. You will need to file a first appeal: Grounds of first appeal: 1. I have not requested for a copy of complaint received against the airlines but I have asked for a copy of complaints made by the airlines with your public authority. 2. The PIO has misinterpreted the provision of section 7(9) of the RTI Act while stating as follows: Quote: information which would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question. Unquote. The correct interpretation and the decision of the
    2 likes
  39. 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
  40. The RTI application is to be addressed as follows: To, You can either visit the ward and submit it to its Dispatch Section and take an acknowledgment on the photocopy of your RTI application, or You can mail it by Speed Post, track its delivery on Indiapost website on internet and when it shows delivered take a print out of the track report and preserve it as a proof of delivery of your RTI application. In Maharashtra, the best way to pay RTI application fees is to paste a Rs. 10/- court fee stamp on the RTI application itself. You will get court fee stamp from any of t
    2 likes
  41. Dear Sir, What is the meaning of "petitions in composite nature" composite petition 000542_+_543_+_544_+_545.pdf composite petition CIC_KY_A_2015_000175_M_155699.pdf composite petitions CIC_KY_A_2015_001099_M_180064.pdf composite petitions CIC_KY_C_2015_000183_M_180896.pdf composite petitions CIC_KY_C_2015_000208_M_180890.pdf
    2 likes
  42. 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
  43. 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
  44. 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
  45. File a first appeal on the following ground: Grounds of First Appeal: 1. As per section 4(1)(b)(x) a public authority is supposed to suo-motu publish the following information: (x) the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations; Thus, the PIO has disposed of my RTI application in violation of the provision of section 4(1)(b)(x). By the way, because of judgment of the Hon'ble Supreme Court in Girish Ramchandra Deshpande's case most the informa
    2 likes
  46. "This route" words used by you presumed as RTI. Your impression may be correct or may not be correct as every thing depends on perseverance. Every route is directed to one destination. RTI is a road/journey to destination and never a destination..
    2 likes
  47. Relevant para: Decision of the Commission Any person (even non advocate) can appear on behalf of information seeker Appearance has to be authorised by the Commission Person appearing can charge consideration for his/her appearance PIO can be represented by Advocate Any party can be represented by an Advocate Coming to practice many High Courts appointed a permanent counsel before Information commissions (State/Central) and they handle each and every case pertaining to any court i
    2 likes
  48. 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.
    2 likes
  49. The first step before making application is to read the website of that Public authority a)to Locate correct PIO b)format of application, c)mode of remitting the prescribed fees. Once you search website of MCGM, go through RTI rules and regulations that state every thing as above. Always prefer Court fee stamp of Rs.10/- as RTI fee as this is simple. There is a format application prescribed for Maharashtra and use only prescribed format.
    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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