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Showing content with the highest reputation since 06/20/2018 in Posts

  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
    Please find attached herewith the CIC decision wherein it had ruled as follows: prefixing of why & what doesnt debar applicant from receiving info..pdf
  3. 3 points
    Unfortunately every citizen is having his own personal matters to be taken care of and hardly have personal time to spend with families at a place like Mumbai. In addition this goondaism and group fights , extortions and threatening are usual. BMC corporators are more powerful than MLAs of other districts. If any citizen is having such time, he should file RTI Application and seek information on full details of unauthorised construction, locational address, present status, action taken, pending in Court and the officials responsible for such negligence in duties. In this forum, I have seen such extra ordinary follow up through RTI and then bringing into logical conclusion through PIL by our esteemed member Mr.Bali and he has contributed more insights into tackling this problem. Because of his vast knowledge, perseverance, he could do that at his personal expenses in Punjab state, but in Mumbai we can never dream of that. Why only Mumbai, it is there in Thane, Kalyan and even in Dombvilli also.
  4. 3 points
    Your drafting is good and even an expert can not suggest better points. Just mention the subject matter with more clarity in one sentence. Complaint dt........................from......................against dy. Registrar, orders Ref....................No....................Implementation status. The queries are more than enough. Congratulations for perseverance in focussing on many issues as required in RTI.
  5. 3 points
    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 with respect to the following: (a) (b) (c) Please note that, during the process of aforesaid inspection, I shall select the required information, kindly do provide me with a certified photocopy of such selected information on payment of prescribed fees.
  6. 3 points
    1.Please permit me to inspect the following records pertaining to .....................................................(File notes/documents).and for providing certified copies selected by me under RTI . a b Please propose two convenient dates and provide such permission atleast ten days in advance.
  7. 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.
  8. 3 points
    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. The following queries are in between employer and employee there is no larger public interest 3) Appraisals he got till now 4) Promotions he got till now 5) Last payslip before retirement 6) Last payslip after retirement 7) List of memos against him 8 ) List of cases against him 9) List of transfers and the reason of a transfer You may go for the First appeal for the first two, and for 3 to 9 establish larger public interest if you want information.. Members can not guarantee you as to whether they are bound to reply, and it has to be decided by IC on such grounds stated by the appellant in the second appeal in establishing larger public interest.
  9. 3 points
    The confusion comes due to lack of understanding of RTI Act before filing an application. Read in your mother tongue Sec.7 (1) For general information, the period is for 30 days.Sec.7 (1) First para. For information on Life or Liberty of a person --48 hours.Sec.7 (1) second para. Your issue of Ration card comes under Life or Liberty as per CIC decisions earlier, hence PIO must respond within 48 hours from date of receipt. Ask your friend to look at CIC decisions and advise him to learn more before giving guidance to others.
  10. 3 points
    This is the most horrible and serious affair, and I hope that any of our members from Krishnagiri may respond and extend his helping hand to an 82-year-old lady who has to travel from Bangalore to Krishnagiri for routine matters. Denying such funeral expenses even after six months defeats the very purpose of introducing such welfare step. To Member/ Immediately file RTI Application to State Public Information Officer, Treasury dept, Krishnagiri seeking information under Life or Liberty clause as follows: Information solicited: 1)Please provide me the copy of laid down norms/orders/circulars on the process to be followed for disbursing dependant/nominee pension on the death of real pensioner (pending pension) and 2.The laid down procedure for payment of compassionate amount towards rituals to the dependant. (There is a prescribed format of application for TN and you can find out from the website of District Treasury, Krishnanagar or any TN State dept website and pay RTI fees of Rs.10/- as per the mode prescribed in RTI rules stated in the website (They are simple ) SPIO , District Treasury has to respond within 48 hours from receipt. Wait for a week and file the first appeal before FAA, wait another week for FAA response and immediately after ten days of making the first appeal make the second appeal to State Information Commission, TN under Life or Liberty clause and for Priority in hearing as a Senior citizen. (Invariably enclose AADHAR copy that shows your age in all your correspondence as Xerox on RTi Correspondence itself) 2. Make a Uniform format of the facts above in the form of petition and send your story of grievance changing the address to various authorities with same contents. (You can also use online grievance procedure in TN and save costs and time) 1.District Collector, KRISHNAGIRI 2.Director, Treasuries Chennai 3.Chief Minister, CHENNAI.. 4.Education Minister Chennai. (They have an Act for redressal of grievances (Citizen Charter) wherein they have a fixed time frame for attending each service and in case of delay the concerned official has to pay a penalty Wait for a month AND THEN ISSUE LEGAL NOTICE TO CONCERNED TREASURY OFFICER FOR MISFEASANCE OF PUBLIC AUTHORITY AND YOU CAN LATER FILE A WRIT CLAIMING ALL LEGITIMATE DUES, COSTS, EXPENSES AND COMPENSATION FOR HARASSMENT.
  11. 3 points
    High Court rules framed before RTI Act came into existence and they have laid down procedure for obtaining certified copies and not under RTI, they should prevail. The guidance was given where there were no rules framed for providing certified copy before enactment of RTI. Indian Evidence Act stipulates for obtaining certified copy from all public authorities.
  12. 3 points
    You can seek such information from NCTE by filing RTI Application on line. Please solicit information as follows: Information solicited: 1.Please provide me approval No. give by NCTE for the course of B.Ed at Jyoti Sriranga sai college at.......................in ......................district of andhrapradesh.
  13. 3 points
    When members post a query, bare minimum details are required. What is this "Commencement Certificate" and what is the context and the public authority that denied that information are fundamentals. You can not get judgment/decision for each and every document. Any information not exempted under Sec.8 (1) RTI Act is to be disclosed. The burden of proof that those documents are personal in nature rests on PIO. Mere quoting a section and denying information amounts to malafide and deliberate denial of information. It is the statutory obligation of PIO to justify as to how the mandatory documents filed before a Public authority amounts to personal information and what personal information is stated in those documents. (The documents submitted must be an estimate, a blue print, certificate from Architect and all documents in larger public interest for safety of building and following laid down norms for getting sanctions) Documents submitted for commencement of certificate can never be personal information as those are mandatory documents required as per procedure for obaining a legitimate commencement certificate. The objective of RTI on Transparency and accountability is the issue involved. Go for first appeal or second appeal as per the present status of denial. (Do not think that by producing a CIC decision or judgment, PIO applies his mind. After 12 years of enactment, if PIO is rejecting that information appears as strange, as it appears either he must be new, and is not in the habit of turning the page and learning the work or no one has applied for such documents for commencement certificate in these twelve years)
  14. 3 points
    Prasad GLN

    CBI

    Please file complaints to Central Vigilance Commission on line as expeditiously as possible. It does not involve single rupee cost and you can ask them to keep your name as confidential as whistle blower also, if you file them through traditional post. Please follow directions given in CVC website for whistle blower complaints.
  15. 3 points
    First issue a legal notice to CIC narrating in detail every order, letter of correspondence and inform them that you have left with no alternative than to file writ for misfeasance of public authority seeking directions in the form of mandamus. Invariably mark this to Chief ic, and also Transparency officers of SBI and CIC. In the writ your efforts must be reflected and non payment of pension is a serious violation and forms under Life or liberty clause. A very rare case where Associations that might have failed to get pension of retired official. I do not know what member can do with that RTI information whereas focus should be on final remedy of getting pension and huge compensation which is alone possible through writ.
  16. 3 points
    Please search in website of any PSU Gas/Oil Company and they have uploaded all such terms and conditiosn for appointment of dealership. Find it out yourself. I have come across instances of one family having more than 20 agencies in the past before this uniform guidelines. They know the tricks and PSU officials guide them how to violate the law and still get protected on such violations, as they are experts.
  17. 3 points
    Go for inspection with digital camera take as many snaps you are capable of.
  18. 3 points
    The address is: AP Information Commission, Mangalagiri , Guntur District. BSNL telephone directory can provide you telephone number. Post that number for use of others.
  19. 3 points
    Mr. Garg, So kind of you. This important information instead of suffering in the middle of certain posts, fit to get it's due place and attention in Blog sector. Really, very very useful information to our members, Thanking you once again for prompt response.
  20. 2 points
    Wait for say approximately 35 days from the date of filing of the RTI application and if you do not receive any response from the PIO, then file a first appeal with the concerned First Appellate Authority under section 19(1) of the RTI Act.
  21. 2 points
    Never enter into useless correspondence with lethargic authorities without a cause. The more they drag, the more advantageous position you are placed. Write a polite letter stating in the personal name of FAA (DO) such FAA hearings given, canceled in a table form and also seek inspection of the file PRIOR TO HEARING as the file notings can be noted to note a day to day status and action taken on the application. (I always wonder why it is necessary and what we can do with that information under RTI when the issue is pending on record, I find several PIOs getting irritated and felt as though they are being questioned by applicants like their auditors)
  22. 2 points
    Let the answer come from KIC. Apply for such information in prescribed format with such adhesive court fee stamp of Rs.10/- Brief facts. The website of Karnataka Information Commission for proactive disclosure under section 4(1)(b)(x) the site showed the message"The origin server did not find a current representation for the target resource or is not willing to disclose that one exists." Information solicited.1. Is it not mandatory to disclose monthly remuneration of officer/employees of the Commission under RTI as per 4(1)(b)(x). (Voluntary disclosure) 2. Please provide specific exemptions if any to KSIC alone.
  23. 2 points
    Make all attempts, do not assume things, let them state their objections if any. Continue your efforts and do not get doubts as you are not investing any huge amounts. It costs only Rs.22/- for a Registered post.
  24. 2 points
    One cannot argue with idiots. Go for second appeal as there is no justification for Public Authority's reason for such denial.
  25. 2 points
    You have never stated about the incomplete inspection and their orders for completing the inspection on some other day. Unless you get a confirmation in writing about the day, time and contact officer, never visit public authority's office. The security is performing its duty. They have to contact the concerned officer over the phone, prepare a pass with the signature of such officer, mentioning the purpose of the work, duration, etc., and after inspection, the concerned officer has to sign the pass and it should be returned back. You can also register your visit in the Visit book kept at the security gate. When you are in RTI, do not think of saving on postage as personal visits frequently to a public authority is not advisable. You are fortunate. Once I went for inspection to a Ministry at New Delhi after receiving such written permission, the concerned Addl. Secretary left to Dehradun for training. After traveling 32 hours I returned back empty handed and reduced the ordeals in writing, but there is no response from Addl. Secretary. These harassments are usual with Public Sector Oil companies and those officers are located far from the city in outskirts where you do not find transportation and even drinking water. The security personnel permits a citizen only if he is having a valid pass. Focus on information, these are most common.
  26. 2 points
    Attending personal hearing during the first appeal is not mandatory. I am not aware as to how PIO can ask you to appear for personal hearing when you have filed appeal before FAA. You may politely explain the same difficulty in writing by email to FAA and request him to excuse you from personal hearing, and pray for delivering orders supported with such reasons on the basis of record and grounds already stated in the first appeal. You may also file your arguments in writing and request him to consider the same for deciding the appeal. Do not be disturbed by the simple procedure, as personal hearing is not required in appeals under RTI.
  27. 2 points
    An applicant is not concerned with their internal correspondence, he is concerned only of getting information within the time frame fixed under RTI and he has to focus on further step undeterred by their internal jurisdictional issues.
  28. 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.
  29. 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.
  30. 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
  31. 2 points
    The contract of insurance is a contract of utmost good faith. There is the only proposal by the member with an application and first premium. Whether the proposal is to be accepted or not is left to the other party entering into agreement of contract. When the proposal is not accepted, the contract is not complete and they have to refund the money. The contract of insurance is subject to medical examination if ME is not negative, Company has to bear the expenditure. If the proposer fails ME, he has to foot that expenditure and this is common practice even with LIC. (Legal example is Proposal is like a train of Gun powder, and acceptance is like match stick) You can issue a Demand notice under CP Act seeking the specific reason for rejection of term policy and for refunding of the amount with interest. They can not propose for changes and it is left to proposer either to accept it or not and it is the proposer to has to opt for a policy suitable to him. Mere collection of the first premium and asking to undergo ME cannot bind the company. The first premium can not be credited into policy holder account till he succeeds in ME and insurance policy is issued. The contract of insurance is complete only when it is agreed in writing through policy document.
  32. 2 points
    The laying and maintenance of every road has its own authority. If it is within Village, Municipality or Corporation, they are the authorities. There are National HIgh ways and state roadways then it is PWD. You have to inquire locally and find out as to the dept., that is responsible for maintenance. You can also file application to the concerned Public Information Officer of that Village or Municipality or Corporation and can seek information under RTI. Information solicited: 1.Please provide the authority that laid the road at the following place and is responsible for maintenance. Road Situated from..................to................................length ........yards Breadth...............situated at...........................running from...............side to ...................side.( EX: North to south or East to west etc.,) After finding out, you have to present memorandum jointly signed with as many citizens as possible and must complaint to Authority, and then as a group personally hand it over to MLA , MP and counselor After two months you can make a follow up action seeking information on action taken against such complaint/petition.
  33. 2 points
    There is a mistake on your part. Time and again, experts advised to record the entire proceedings as Minutes and give it to FAA and PIO duly signed. If PIO has really provided that letter, he might have marked and written to FAA immediately after receiving the first appeal. He should have at least communicated to the appellant. There are flaws in every step. The designation of PIO is different and FAA must be superior in authority over PIO and designated as such. There was never a practice of signature of PIO for FAA. Again FAA can only deliver his orders and can not force any appellant to sign any document when the appellant reported non-receipt. At least the copy was not given. Coming to FAA orders, the orders are defective. Information can be denied only on stating such exemption in RTI Act Sec.8 and subsection and with proper justification for applying that section. The reason for rejection is stated as follows: "That daily status and action taken of an application cannot be supplied through RTI . " There was never any such exemption in RTI Act as stated by PIO and FAA. Ask through separate RTI application to SPIO and seek information as follows: 1. Please provide me a copy of the letter that stated that information was denied tat daily status and action taken of an application cannot be supplied through RTI . " with a copy of such entry in outward despatch letter that mentions details. As the SPIO response is essential for submitting the second appeal and such letter was never received by the Appellant. 2. Please provide me the copy of that section or subsection in RTI Act that exempts and states that "That daily status and action taken of an application cannot be supplied through RTI . " The second Appeal can be filed within 90 days from receipt of FAA. To prepare grounds for the second appeal, get this information also so that you can simply state only simple ground for the second appeal to SIC as follows: _____________________________________________________________________________________________ Grounds for Appeal: SPIO has said to have rejected to provide information stating as follows: 'That daily status and action taken of an application cannot be supplied through RTI ." FAA has agreed with PIO. Appellant has neither received such letter nor there is no such stipulation exempting such information under RTI in Sec.8 or Sec.9 of RTI Act. SPIO can only deny information stating such Section and subsection with proper justification. In this case, PIO has neither quoted such exemption section/subsection nor offered any justification. Hence the information denial is treated as deliberate and malafide. PIO was asked to provide such Section and subsection in which there is such exemption and PIO has responded as follows ( or Not responded) PRAYER: Appellant prays for directions to SPIO and to FAA also (as SPIO has signed for FAA) to provide the information as expeditiously as possible free of cost as denial is deliberate and malafide.
  34. 2 points
    Send a copy once again to satisfy them and follow the directions, you may add in your reply that first appeal was already enclosed with appeal, and confirm that a copy of second appeal was also sent to PIO and FAA, and confirm that FAA has not delivered any orders.
  35. 2 points
    Please go through Sec.19 and download that simple section ready for your further guidance. FAA has to provide his speaking orders within 30 days of receipt in general and up to 45 days for reasons specified. As appellant can file the first appeal within 60 days from date of his first appeal, it is advisable to go for second appeal on 50th day (45 days + postal transit) as the second appeal may come up for hearing after years, and second appeals are numbered on priority depending on the date of receipt of such appeals. In case of senior citizens, and for citizens having different abilities, priority is given, out of turn on producing a self-attested copy of such certificate of age proof or disabilities proof.
  36. 2 points
    Yes. Certified copy, xerox copy, inspection, are parts of information that has to be provided by SPIO and each form is different.
  37. 2 points
    Madam, Simply read what was stated as guidance. As you have no knowledge, and going to take a course without inquiring into the college bonafides, you have been adviised to seek such recognition/ affiliation from NCTE. Also search in website of the college and seek information from some other asking for the recognition no by NCTE through email for your record. Also find in website of NCTE as they must have uploaded such list of recognised courses and colleges
  38. 2 points
    In addition to most valuable guidance through actual draft of first appeal by Shri Sunil Ahya, Moderator of RTI Team, the following may help you to understand RTI better. The first step for seeking information under RTI Write down what exactly you require avoiding interrogatory form of seeking information (It is not barred, but many PIOs are aware of very old decision and not the IC SG's decision later that irrespective of the form of query, if that information is available in material form, it must be provided) Whether that information is available in the form of material Identify the custodian of that information (Public authority) Next search website of the Public authority and Find out Public Information officer, Format of application Mode of remitting fees. The above is in general and uniform process to file RTI Application. Now coming to your query you have informed that PIO, Sub-Registrar was custodian of that information,. You can also file fresh application and can seek such information without going for first appeal . However , remember that you are entitled to get all copies free of charge, if the FAA decides that information was denied on wrong grounds of exemption and there was delay of more than 30 days from date of RTI application to the date of providing information. As per my understanding you wanted simple information as to whether there is any bar in purchasing properties in that village to some classes of persons. This is simple and you need not even file RTI and can seek information orally from Revenue Assistant or even a Stamp vendor or documentary writer or Advocate and get instant guidance. In case if you do not get such information, you can file RTI Application to PIO, Village Panchayat and seek information. Information solicited: 1)Please provide me the copies of orders/circular/Gazette notifications on sale / purchase of agricultural land in the village to specific castes of persons. Coming to specific queries unanswered in your earlier RTI to PIO raised in your second post. no. 4: how many land registration done from 1/1/2012 to 31/8/2018 in xxx village? provide me details of all. Now restructure the query as follows in your fresh RTI. 1.Please provide me the copy of the Register Folos showing land registrations from 1-1-2012 to 31-08-18 If the Sub Registrar maintains registers village wise you may get that information. As per my knowledge, Sub registrar maintains serial no year wise for all registrations during that year in his entire jurisdiction. As the register contains all registrations of hundreds of villages, as per RTI, he can not compile that information of a particular village, because applicant wants it. It is not PIO's job. He can provide that information as is available in his record and he can not collect or compile such information as per DOPT directives. So by asking entire details you can sort out your village registrations if the register copy is provided by PIO. If that information is denied or not provided for any reason alternative process is seeking the copy of Register of Mutations in your village from PIO of Village, with an understanding that who ever purchases mutates the revenue records in his name. Then you have to seek information as follows: Please provide me copy of the Register that shows mutation of agricultural land in...............village from 1-1-20-12 to 31-8=2018 Your second unanswered query was as follows: no.8: For land registration in xxx village is there any GO's that "x" caste people are only allowed to buy/sell land from "x" caste people? As already guided seek that information from PIO, Gram Panchayat as follows: 1)Please provide me the copies of orders/circular/Gazette notifications on sale / purchase of agricultural land in the village to specific castes of persons. (What I understand and presume for your queries is that 1.There is really a ban on sale of land from SC/ST to other caste citizens to protect the interests of that class of people from exploitation by rich. 2. You have knowledge that even when there is ban, some citizens are enjoying such SC Land by purchasing it in the name of 'Benami" and you are targeting against them to expose such irregular procedure)
  39. 2 points
    Ideally one should be seeking information (photocopy of documents) in accordance with the definition of section 2(f) of the RTI Act But having said that, you may file a first appeal within 30 days of the PIO's reply on the following grounds: Grounds of First Appeal: 1. I had requested for a photocopy of the documents wherein had been noted noted the permissions required to be taken from a Tehsildar for buying or selling land in the (describe here fully the name and other particulars of Village) XX Village as well as a photocopy of any Government Order / Circular etc. in this regard, however, the PIO has declined to provide the requested information. As per the provision of section 7(1) of the RTI Act, a requested information is to be either provided or a request rejected for any of the reasons specified under section 8 and 9 of the said Act. The PIO has neither provided the requested information nor rejected the request for any of the reasons specified under section 8 and 9 of the said Act, and therefore the PIO has disposed of my request for information in violation of the provision of section 7(1) of the said Act. 2. Furthermore in this regard, the Appellant would humbly like to draw the kind attention of this Hon'ble First Appellate Authority towards the persuasive precedent of Central Information Commission in Case No. CIC/SS/A/2012/000395 Dated: 17.5.2012 wherein it had had held that prefixing of 'why & what does'nt debar an applicant from receiving information under the RTI Act. Please find the relevant excerpt from the aforecited CIC decision reproduced below for the kind perusal of the Hon'ble Authority: Quote: Simply because the appellant has prefixed his query with why and what does not debar him for receiving information, which is admittedly a part of the record held by the respondent. The Commission therefore directs the CPIO to provide the action taken on appellant’s RTI application for issue of non-official photo pass as well as the reasons for rejection of application, as per record. Unquote Prayers: 1. Kindly direct the PIO to provide the information requested through the RTI application. 2. Kindly direct the PIO to provide the information free of cost in accordance with the provision of section 7(6) of the RTI Act. 3. Any other relief in the interest of justice. Enclosed herewith: 1. RTI application dated: XX 2. PIO's response dated: XX 3. The persuasive precedent of the decision of CIC in Case No. CIC/SS/A/2012/000395 Dated: 17.5.2012. You may download the CIC decision from the following link and enclose along with your first appeal: prefixing of why & what doesnt debar applicant from receiving info..pdf
  40. 2 points
    Blue Cross is a voluntary social service organisations equipped with men, vehicles for rehabilitating and saving animals in danger was brought to their attention. Private parties offer donations and those donations are exempted under IT Act. According to my knowledge, there is no Ambulance service for animals exclusively and they are not even equipped with wuth medicines. However, if there is urgency, they may consider deputing their doctors. You can either call on them personally to seek information from Head of the Hospital or file Application to the local director of Veterinary Hospitals seeking written information on any issues. Search website of Ministry of Animal Husbandry to locate correct Public information officer, the format of application and mode of remitting fees.
  41. 2 points
    File fresh application on list of files burnt during fire accident, and the procedure being followed for mutating the property including marking copies to other authorities etc and measures taken to maintain parallel file in the event of such future incidents, and efforts made in reconstructing the files burnt. .,(When the information is not stated as available one can not do any thing under RTI Act and further second appeal is waste of money and time)
  42. 2 points
    The following facts provided by FAA is crux of the issue. The PIO submitted that this office didn't maintain such information. The PIO ordered me to visit assembly website and find question numbers there and then approach him. The FAA also passed order in favor of PIO without inviting me for hearing. Isn't it violation of RTI Act? Remember that one can seek information as it appears in material form because applicant asked that information which is not maintained in material form as per their rules and regulations, because there was application PIO is not supposed to search / hunt / extract for that information. Sec.4 (1) of voluntary disclosure never states to follow a procedure which is different from that of their laid down rules. Once the matter is uploaded, it is in public domain and beyond ambit of RTI Act. If member wants the questions of teacher MLC, as information with Assembly is not maintained MLC wise, the only option is going for inspection and searching for that information which is avialaible in website. FAA hearing according to CIC is mandatory and as per DOPT there was no such mention in RTI Act and hence first appeal hearing is controversial. I am afraid that second appeal chances of getting favourable decision is also remote if read with DOPT directives. The only option as per my knowledge is going for inspection and getting those facts from records.
  43. 2 points
    First do not care for such threats and do not have fears to do right thing. When the last page has been signed you know the dept., To get those details is not at all difficult, if you have the envelope with the assigned Regd. No...and on handwriting onn the envelope. Take it a challenge and you are not going to lose any thing and you have not told as to medium of threat (Oral or through some one else or in office or phone). First focus on the issue of information and do not distract on minor matters which are insignificant. Please read entire reply and do not stop further appeal process. Let some of your friend or relative from different location file RTI Application for inspection of RTI correspondence by that SPIO and if you are lucky you may get the same copy during inspection, if the representative is smart.
  44. 2 points
    You can get the name of sender by opening the envelope and reading the conents or enclosures in the letter. What exactly you wish to act on getting sender's name and what is the specific purpose you wish to know his name is important. There are many ways to find out the sender though it may not be authentic. If you want it as a formality without any purpose ignore it as it is the responsibility of of sender to write his full details in case the envelope returns undelivered and it is not the duty of Postal dept., to check as to whether sender has written his full address or not. If you wanted it for a purpose, then search in indiapost website with the number on the envelope, the exact booking time, and seek CCTV footage of the booking counter at that time. A person that delivered may not be the sender, as any messenger can attend to that purpose, and finding such person in metro / city is difficult.
  45. 2 points
    Let us not make comparisons as expenses depend on various considerations. Compare this with past Govt expenditure. I personally feel that still most of the very good schemes ad'vertised by Government is still not known to even educated persons and advertisement purpose is not for publicity alone, to publicise those schemes that are helpful to common man. Comparing this publicity for sake of reaching to common man should not be compared by a natural calamity when central govt strictly stated that it is immediate assistance and further assistance can be sought on estimation of loss. The central government assistance through Navy and Army can not be converted to money. If you calculate such expenditure the expenditure exceeeds Rs.1000 crores.
  46. 2 points
    Law does not bar two or more applicants from filing a joint RTI application, but please note that, when you take a non-standard approach, it may result in a delay and RTI appeals being argued on grounds other than the main grounds for which a RTI has been filed. It would be advisable to avoid such non-standard methods. By the way, both the applicants can individually file the same RTI application.
  47. 2 points
    File a first appeal on the ground that PIO has provided misleading and incorrect reply. Discuss and explain this during the first appeal hearing proceedings
  48. 2 points
    There is not much difference or additions of a new clauses in other states also The essence is that SR is not bothered about link documents. Now the additions are that seller must be identified. Duplicate AADHARs were generated to register in i many cases. Impersonation is common. The system keeps a track of all government lands with such survey numbers and refuses to accept registration. Now AP govt is bringing out stopping registration or even cancelling if there is impersonation or fraud apparent records produced befoe them. I am still doubtful if they can bring such legislation as courts are only having such powers. As it is , Govt learnt of their mistakes, plugging all such leaks, making SRs accountable, in our District alone, they have taken against 5 such Registrars.
  49. 2 points
    On appointment of transparency offer I obtained this information from RTI foundation web site in this regard a circular was also issued by DOPT. In the W.P.(C)3327/2012 (Union of India V. Central Information Commissioner and Ors.), Hon'ble Mr. Justice V.K. Jain has dismissed the writ petition. The bench observed “No one was present for the petitioner on the last date of hearing. No one is present for the petitioner today. The writ petition is dismissed in default and for non-prosecution” Following the rejection of the petition, the seven member bench order for the appointment of the “Transparency officer” now comes into force. Earlier, the Secretary, Central Information Commission had issued an order for the implementation of the CIC order. Central Information Commission August Kranti Bhawan Bhikaji Cama Place New Delhi-110 066 Date: 09-12-2010 Subject : 1. Roles of CPIO and Transparency Officer (TO) 2. Level of Transparency Officer (TO) 3. Job Chart of Transparency Officer (TO) Reference: D.O.No.CIC/AT/D/10/000111 dated 15.11.2010 Apropos the subject and reference cited, certain public authorities have requested clarification regarding the roles of the Transparency Officer (T.O.) vis-à-vis the CPIO, and the level of the Transparency Officer. 2. It is clarified that the institution of Transparency Officer is in fact an administrative arrangement for promotion of institutional transparency within the public authority through proactive and effective implementation of the provisions of Section 4 of the RTI Act, 2005. These include effective record management, digitization of records, networking and incremental proactive disclosures. 3. The CPIO and the Appellate Authority, on the other hand, are parts of the RTI-regime and, in that sense, are statutory officers under the RTI Act. Their functions shall be as defined in Sections 7 and 19(1) of the Act respectively. 4. Within the public authority, a CPIO will be free to seek guidance from the Transparency Officer about disclosure-norms ⎯ both in its general and specific aspects. 5. The level of Transparency Officer, in any public authority, may vary depending on the availability of personnel of a requisite level. However, to be effective, a Transparency Officer should be of sufficiently high seniority in the organization, having uninterrupted and free access to the head of the public authority. He should also be able to effectively communicate and liaise with Divisional Heads of the public authority. It is, therefore, desirable that T.O. is either No.2 or No.3 behind the head of the organization, in the official hierarchy. 6. Job Chart of Transparency Officer Transparency Officer (TO) shall be the main centre of all actions connected with promotion of institutional transparency commensurate with the letter and spirit of the RTI Act. In performing this role, the TO shall: i. Act as the interface for the Commission vis-à-vis the public authority on the one hand, and on the other vis-à-vis the public authority and the general public/information seeker. ii. Engage continuously, in implementing the Commission’s directive dated 15.11.2010 regarding pro-active disclosures under section -4 of RTI Act, vis-à-vis the public authority concerned. iii. Regularly monitor decisions of the Central Information Commission (http://cic.gov.in) with a view to identify areas of openness both generic and specific as a result of such decisions. Ensure that all levels of employees of the public authority are sensitized about these decisions and their implications. Be responsible for issuing advisories, to officers/staff about need for sensitivity to institutional transparency and act as a change agent. Be responsible for sensitizing the officers/staff that the time limit stipulated in the RTI Act are outer limit for matters raised under RTI Act and officers/staff are required to be mentally tuned to disclose all informations, predetermined as open, within the shortest possible time on receiving request. iv. Be the contact point for the CPIO/FAA/Divisional Heads in respect of all RTI related matters of the Organisation. He will be the clearing house in all matters about making transparency the central point of organizational behaviour. v. Constantly remain in touch with the top management in the public authority about the strategy and the action to promote transparency within the organisation. Promote good management practices with the organisation centered on transparency. vi. Devise transparency indices for various wings of the public authority in order to introduce healthy competition in promoting transparency. vii. Help set up facilitation centres within the premises of the public authority, where members of the public can file their requests for disclosure of specific information and can inspect the records and documents etc. viii. Work out, in consultation with the departmental officers, the parameters of record management- its classification and indexing, plan of action for digitization of documents and records, networking etc and oversee and help implement the functions laid down in section 4 (1) (a) and 4 (1) (b) of the RTI Act. ix. Prepare information matrix based on analysis of RTI applications filed before the public authority and response thereof and, suggest to the top management the need for process reengineering, wherever necessary, as well as work out modalities of suo motu disclosure of such information. x. Be responsible for creating condition(s) in the organisation to establish an information regime, where transparency/disclosure norms are so robust that the public is required to have only the minimum resort to the use RTI Act to access information. xi. Be responsible for operating a user-friendly website for various information relating to the public authority concerned, including inter alia search option. xii. With the help of the appropriate wing of the public authority, set-up arrangements for training of the personnel to promote among them higher transparency orientation away from intuitive reflex towards secrecy, now common. xiii. Establish dialogue with the top management and key officials of the public authority regarding prevention of unnecessary confidentiality classification of documents and records under the Official Secrets Act and to check over classification. (B.B. SRIVASTAVA) Secretary Share your comments with RTI Foundation of India. Read more at: http://www.rtifoundationofindia.com/would-public-authority-appoint-%E2%80%9Ctransparency-offic#.W0d65OHhU0N RTI Foundation of India
  50. 2 points
    RIGHT TO INFORMATION Public Interest - Accused in sexual harassment denied information under RTI by Postal Department Vinita Deshmukh 04 July 2018 1 In an interesting case, the alleged accused in a sexual harassment case invoked Right to Information (RTI) to find out details of investigations against him. The Central Public Information Officer (CPIO) denied information citing it to be a ‘trade secret’, ‘intellectual property’ and ‘commercial confidence’ under Section 8 of the RTI Act. Last week, the Central Information Commission (CIC) trashed it by ordering the PIO to supply the information. While slamming a penalty of Rs25,000 on the PIO, the CIC wondered ”How can statements of witnesses be ‘trade secret’, ‘intellectual property’ or of ‘commercial confidence’ under Section 8 of RTI?” The Case Balkrishna Porwal, an employee of the Department of Posts, is facing an enquiry on a complaint of alleged sexual harassment. Under the RTI Act, he sought information of documents pertaining to the investigations and inquiry against him by the Department. These included the decision that set off the investigation against him, copies of statements of witnesses, correspondence amongst the investigative officers regarding his case as well as file notings. The CPIO replied that he could part only with a portion and not the entire information as most of it came under Section 8 (1)(d)& (g) of the RTI Act as well as under Section 16 of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013. His First Appeal also met with the same reply, which compelled him to file his second appeal with the Central Information Commission. The accused asks for natural justice At the CIC hearing last week, the RTI applicant Porwal argued that, “…as a charge sheeted accused before internal complaints committee, the principles of natural justice demand that certified copies of all documents relating to the inquiry report, including copies of the statements of witnesses, should be given to him to enable him to build up his defence and for the conduct of the enquiry in a fair manner.” CIC observations The CIC in his order observed that, “The CPIO invoked exemption clauses 8(1)(d) and (g) of RTI Act to deny the appellant the information, which should have been given as per the principles of natural justice, rules of disciplinary inquiry, Act of 2013, rules made thereunder and the official handbook of the ministry containing guidelines for the prevention of sexual harassment.” CPIO has not applied his mind at all: CIC The CIC observed that the CPIO used exemption clauses under RTI Act without attributing any reason to do so. He has casually denied information under Section 8(1)(d) of RTI Act, which states: “information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information;” and Section 8(1)(g) says: “information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes…’ Central Information Commissioner Prof M Sridhar Acharyulu, observed that, “The CPIO neither explained nor justified how these clauses could be invoked in this case. He has not applied his mind at all. How can the statement of witnesses and other documents relating to sexual harassment complaint be considered as ‘trade secret’, ‘commercial confidence’ or ‘intellectual property’ of the third party or public authority? This is absolute absurdity…These excuses are laughable and amounts to misuse of law by authority to deny the right to information to the appellant. It also reflects malafide intentions on the part of the CPIO. If this is the way information is denied and the accused is not allowed to defend himself, false allegations will increase and the real purpose of the Act of 2013 and the RTI Act will be totally defeated.’’ CIC Order CIC Prof Acharyulu ordered that the CPIO should provide the certified copies of most of the documents, barring three. A show cause notice has been sent to the CPIO for levying maximum penalty on him. The CIC stated, “…penalty needs to be imposed in this case and then a show cause notice is to be issued …The penalty is for denying the information (a) without reasonable cause, and (b) with malafide intentions”. Although the CPIO pleaded absence of malice, the CIC contented that he can still impose a penalty if the denial was without reasonable cause and was intentional. (Vinita Deshmukh is consulting editor of Moneylife, an RTI activist and convener of the Pune Metro Jagruti Abhiyaan. She is the recipient of prestigious awards like the Statesman Award for Rural Reporting, which she won twice in 1998 and 2005, and the Chameli Devi Jain award for outstanding media person for her investigation series on Dow Chemicals. She co-authored the book, “To The Last Bullet - The Inspiring Story of A Braveheart - Ashok Kamte”, with Vinita Kamte, and is the author of “The Mighty Fall”.)
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