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Showing content with the highest reputation since 09/17/2018 in all areas

  1. 4 points
    As per section 4(1)(b)(x) of the RTI Act, even payslips received by a Govt. employee is a public record and not personal information. Please find section 4(1))b)(x) quoted below: You will have to file a first appeal under section 19(1) of the RTI Act with the concerned First Appellate Authority on the following grounds. GROUNDS OF FIRST APPEAL: 1. The following information sought through the RTI application are a public record and nor personal information. 1) Joining date letter as he joined in the year 1981: This is a public record and not personal information. 2) Retirement date and retirement letter This is a public record and not personal information. 5) Last payslip before retirement: This is a public record as per section 4(1)(b)(x) of the RTI Act and not personal information. 6) Last payslip after retirement: This is a public record as per section 4(1)(b)(x) of the RTI Act and not personal information. 2. With respect to point no. (3), (4), (7), (8) and (9) of the RTI application too the PIO needs to disclose the requested information as it is in the larger public interest (establish the grounds of larger public interest ....)
  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
    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..
  8. 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.
  9. 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)
  10. 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.
  11. 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.
  12. 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
  13. 2 points
    opt legible certified photo copies and regarding station dairy though this is helpful, but it is only a pointer
  14. 2 points
    I understand that there is a record book called duty book in any police station ,in which activities of police officers regarding their official duty are recorded.Also in this book ,entries are made regarding activities of police officers who perform investigations of crimes ,It is found that ,there are many corrupt police officers who just write false stories on papers under pretext of investigation instead of doing honest investigation by seeking bribes etc.My query is,whether the entries made in the duty book are available under RTI .as it will help to reveal truth in case of false investigation by police .Are there any other record books ,which can help to reveal the truth about such corrupt practices by police.I request to all honourable members to guide on this
  15. 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.
  16. 2 points
    1) It is not mandatory for a RTI applicant to attend a first appeal hearing, however, we at the forum always advice a RTI applicant to attend first appeal hearing proceeding because it increases the chance of receiving the requested information. If you do not wish to attend the first appeal hearing then, it is advisable to write a polite letter to the First Appellate Authority (FAA) informing him that you would not be attending the hearing and that an appropriate order may be passed on the merits of the written submissions made in the first appeal. 2) It is mandatory for a FAA to call a RTI applicant for a hearing in keeping with principles of natural justice and therefore the FAA has called you for the same.
  17. 2 points
    Every bill states the last date on such demand notice. Before removing the Fuse on main supply, the official should contact personally before disconnecting. You can file an application seeking such information as follows: Information solicited: 1. Please provide me the copy of laid down procedure for the procedure to be followed while disconnecting the service connection to recover arrears of Consumption charges.
  18. 2 points
    The credit and appreciation if any for guidance goes to the Forum alone, who facilitated you with interacting with unknown members. The forum feels happy if their members get benefit out of the suggestions.
  19. 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.
  20. 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.
  21. 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.
  22. 1 point
    File RTI Application to that University and seek such information. Information solicited: Please provide me the copy of laid down rules and regulations that state that Public Authorities need not disclose names and UGC scales applicable for those employees in website under RTI as a voluntary disclosure. Search any other institution website under the same university and compare the disclosures yourself.
  23. 1 point
    You will have to address your first appeal to the Officer at Serial No. 1 in the above image i.e. Kulsachiv in Hindi and Registrar in English. In other words, you will have to address your first appeal to the Registrar.
  24. 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.
  25. 1 point
    Please collect their reply (The company that faked your address) from Police under RTI as it amounts to a confession, issue a legal notice to the company threatening civil and criminal action for misusing the address without functioning and without any relationship at that address and demand compensation of Rs.1 lakh. You can also demand and get a list of their clients. Wait for a month and file civil complaint and private criminal complaint if police fail to take any action. The issue involved is as to whether they are working in that address of yours. If they are not functioning in that office. You can also enclose copy of the Police report to jurisdictional Post office and ask them not to deliver any post with your address as there is no such company in your address and you have nothing to do with that company, and seek information as to number of registered/speed post delivered to them with your address. You can make a complaint to Supdt of Police enclosing all correspondence and request him to register a complaint and issue FIR as you are contemplating a Civil action in Court of law.
  26. 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.
  27. 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.
  28. 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.
  29. 1 point
    Now change the route and seek information from CPIO, Ministry of Shipping, New Delhi. Information solicited: 1. Please provide the copy of any circular/order/notification that states the laid down procedure for cleaning the hazardous materials like oil, chemicals, and others from a wrecked ship in the port.
  30. 1 point
    If REPO is a public authority they must appoint PIO and application has to be made to designated Public Information officer in REPCO. If you wish to prefer an application to REPCO, but if they have not designated any official as PIO, then you have to seek such information from Indian Bank HO. Further, as already been stated, a borrower is a consumer under CP Act and you can seek any information on your account, by simply issuing a registered notice to the branch directly. This is not under RTI. The remedy of no response can be challenged before the District Consumer forum, without spending more than Rs.200/- if consumer/borrower files a complaint in person. So far there was never such a complaint of a Bank telling that they have received a blank envelope in this forum. In this world nothing is certain, and acts prescribe different steps for remedy. One can not suspect even next higher authorities state like that. In case of such doubts, a copy can be handed over to the local branch, and one can obtain acknowledgment on office copy from the Bank.
  31. 1 point
    Please post developments for sharing your experience with others as it may be useful for others.
  32. 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.
  33. 1 point
    Irrespective of doubts, complete the process of first appeal and let Information commission decide the matter if FAA also agrees with PIO.
  34. 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
  35. 1 point
    Go for both second appeal and to the fresh application from those friends individually in their names seeking same information in the form of inspection suggesting same date.
  36. 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.
  37. 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.
  38. 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.
  39. 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
  40. 1 point
    Please post the exact query as many members may not be willing to open attachments.
  41. 1 point
    This letter dated 7/2/2019 I recived on 8/2/2019 Sent from my vivo 1606 using RTI INDIA mobile app
  42. 1 point
    You are a consumer under the Consumer Protection Act and can seek any information on your loan account with such rights and authority. Issue a Registered notice under CP Act demanding information whatever you require from the bank and also demand such information through certified copies. As there is no involvement of RTI, you need not bother about fees and procedure etc.,
  43. 1 point
    We support you sir .. true Sent from my SM-G610F using RTI INDIA mobile app
  44. 1 point
    Hon'ble Prasadji, I would suggest not to write anything at the top of the RTI application, thereby giving PIO an opportunity to use that as a handle to join issues on the title itself. Simply file the same RTI application afresh (once again) without stating any reasons for filing it. If the PIO replies that, such an application had already been filed, the applicant can always state in his grounds of first appeal that he had not received any information against the first RTI application and as the time limit for filing the first appeal had lapsed he had filed the same RTI application afresh. Mr. Hamdani, please note that RTI is a time bound procedure and if the PIO does not reply within 30 days or if the PIO replies and you are not satisfied with his reply then within 30 days of the receipt of PIO's reply, you will need to file a first appeal under section 19(1) of the RTI Act with the concerned First Appellate Authority (FAA). And likewise if you do not receive a reply from the FAA or not satisfied with the FAA's reply then you will need to file a second appeal with the concerned Information Commission within the time limits prescribed under section 19(3) of the RTI Act. Therefore this time around follow the time limits prescribed under section 19(1) and 19(3) of the RTI Act. Download the RTI Act and read about the aforesaid provisions.
  45. 1 point
    Instead of wasting correspondence stating such grounds for condoning the delay, file same application and write on TOP of the application, that - PIO has not provided any information or denied information to RTI Application dt....., hence this second application.
  46. 1 point
    In response to a number of grievances/Right to Information applications received in the ministry where citizens have complained that the documents available in DigiLocker or the mParivahan app are not considered valid by the traffic police or the motor vehicles department,” the Ministry of Road Transport and Highways on Thursday issuedan advisory to all states to accept driving licence, vehicle registration certificate and other documents in electronic form, if presented through the Centre’s DigiLocker or mParivahan online platforms. These documents are to be considered the same as certificates issued by transport authorities. The advisory said that DigiLocker and mParivahan have the ability to pull a citizen’s documents into electronic form. The ministry added that the state authorities do not need to physically seize documents when they have to be impounded. The agencies can simply have the impounding reflected in the electronic database.
  47. 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.
  48. 1 point
    It was touted as a sign of changing social mores. In May this year, the Central Adoption Resource Authority (CARA), under the Maneka Gandhi-led Ministry of Women and Child Development, claimed that since 2012, nearly 60 per cent of those adopted across the country were girl children. CARA CEO, Lt. Col. Deepak Kumar, even went on record to say that this had nothing to do with more girls being given away for adoption. He instead asserted that Indian couples were “preferring” girls. According to the response, there were 4,170 children available for adoption in 2017-18 — 2,547 girls and 1,623 boys. Of these, 3,846 children were adopted, while 324 were not. Even if these 324 children were all girls, it would still mean that more girls were adopted. “If 10,000 people want to adopt boys, there are 15,000 who want to adopt girls,” he said. “The registration is a more accurate indication of people’s preferences than the availability of children,” he added.
  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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