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Showing content with the highest reputation since 09/19/2018 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
    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. 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.
  4. 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)
  5. 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.,
  6. 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.
  7. 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.
  8. 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..
  9. 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.
  10. 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)
  11. 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.
  12. 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.
  13. 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
  14. 2 points
    opt legible certified photo copies and regarding station dairy though this is helpful, but it is only a pointer
  15. 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
  16. 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.
  17. 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.
  18. 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.
  19. 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.
  20. 1 point
    In your application have you solicited the same : Ex: As per the purchase order dt...., 27 units of hot and cold water purifiers were purchased, Please inform the location of each hot and cold water purifiers installed with the place and dept., and the specific number given for those assets provided and entered in Asset register and copy of installation certificate by the supplier with copies of plumber receipt for fixing the same.
  21. 1 point
    Point No.1: This forum is dedicated for guiding citizens in seeking information from public authorities under RTI Act and members learn and share knowledge on RTI through the forum. This forum is not connected to any Govt departments and never maintains any records of any institution including Women's college and as such Forum can not provide the attendance particulars of Reena D/o Sathpal B (a) of Sixth in Women's college, Sector 18, Rewari. POINT NO:2: As a citizen you can not get that informtion as it amounts to invasion of privacy and the erstwhile IC Sreedhar Acharya has imposed penalty on PIO for providing such information, as it involves security of a student. (In that case address). However, if that student is having a nominal name in rolls without attending colleges, and still getting attendance, then it amounts to larger public interest and you have to establish such fact of fake entry and can seek such information. (She may be attending a private coaching center and not attending classes at Approved Women's college, but still manages to get attendance)
  22. 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.
  23. 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.
  24. 1 point
    First things first, seek from Corporation/Municipality as to whether the owner of H.No...............at....ward No...of..........(Flat No....of Towers..............)..area was permitted to modify/alter the construction and received sanctions for changing from Residential to commercial and if so ask them to provide such certified copies of applications and sanctions with blue print. After receiving the information that establish the violation, report to the Commissioner and mark this as a copy to Society and to Registrar of Societies, for taking prompt action and stop the violation. Personal relations are more than any other trivial matters, and always do such larger public interest activities through a friend or relative from a different station.
  25. 1 point
    Please contact any voluntary organisation in your area that helps in Consumer Protection act or a friend or relative that is having understanding of CPA. As this forum is dedicated to RTI, providing details guidance on other issues may not appear proper. If you fail to get good guidance, then seek guidance in the forum.
  26. 1 point
    Let FAA respond are the last words. Now that you have filed first appeal unless FAA delivers his orders you can not proceed further in this application case. You have also been advised to get fresh application filed and a suggestion of that query was also provided. When the ball is in other's court, you can only play if it comes into your court.
  27. 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.
  28. 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.
  29. 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.
  30. 1 point
    File a Consumer complaint in District Consumer Forum against the restaurant for deficiency of services, as Restaurants are supposed to offer the minimum facilities like Toilet and drinking water. If they have a CCTV footage, you can also seek through the forum for the footage of your conversation and a waiter insulting you etc.. You need not spend single rupee for filing a complaint and you can file a complaint with bare minimum expenses of less than Rs.200/- towards costs of stationery and postage.
  31. 1 point
    Please understand the difference between a complaint and second appeal. Complainant is not entitled to information, and the IC may or may not penalize the PIO, unless he is convinced that rejection is deliberate and malafide 99% complaints are simply heard and closed as a ritual. Under Sec.18, a complainant under RTI Act can only pray for reliefs and not entitled for information. The action against PIO is in between PIO and IC, and the complainant can only pray but can not insist for information, and other remedies are at the discretion of PIO. Under the second appeal, appellant can seek all such appeals. Now, you are not a new entrant to RTI and became as regular and well-known member, filed several RTI Applications to several public authorities. It is time to improvise your skills and should be in a position to lead others. Please study the prescribed format for second appeal in CIC website and state Grounds for Appeal and prayer as follows. Grounds for Appeal: Both PIO and FAA failed to state as to how action taken by CVC on a complaint filed by another citizen amounts to invasion on privacy of that complainant, as information on action taken by a public authority is connected to transparency and accountability is involved. The rejection defeats the very objective and preamble of RTI Act and information was rejected without giving any justification and defeats the objective of RTI Act, hence this second appeal. The appellant considers the rejection as deliberate and malafide. PRAYER: Appellant prays for directions to CPIO for providing of the information as expeditiously as possible free of cost and further prays for penalty and recommendation for disciplinary action, treating rejection as deliberate and malafide. Make it a point to first send the copy to CPIO, and invariably enclose the self-attested postal receipt copy with your original set of the second appeal to CIC. Please send only one set of second appeal to CIC and self attest all copies. Send the appeal by Regd post and track the status of delivery in indiapost website, and search in website of CIC about such numbering after one week.
  32. 1 point
    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.
  33. 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.
  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
    `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.
  36. 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
  37. 1 point
    Please post the exact query as many members may not be willing to open attachments.
  38. 1 point
    This letter dated 7/2/2019 I recived on 8/2/2019 Sent from my vivo 1606 using RTI INDIA mobile app
  39. 1 point
    Experts in the forum always advise members to attend First Appeal Hearing, as getting information becomes much easier and certainly it discloses sincerity of the appellant if the information is the focus. If you have time, and if the information is urgent, important and your focus, do avail the opportunity.
  40. 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.,
  41. 1 point
    We support you sir .. true Sent from my SM-G610F using RTI INDIA mobile app
  42. 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.
  43. 1 point
    Both the threads on the same subject by the same poster, merged
  44. 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.
  45. 1 point
    You have to file RTI Application to the Public Information Officer, O/O collector of your District and can seek information as follows. 1.Please provide me the copy of Government orders/Notifications for allotment of land for paramilitary personnel that states eligibility norms, documents to be enclosed with such application format.
  46. 1 point
    Before posting a query please have clarity on what you require. You have asked for a retention period, the query was provided. Now you are hijacking the thread and asking for CCTV footage instead of preservation. You can seek information as follows; Information solicited: 1)Please provide me a certified copy of order/notification/directive that states the retention period of CCTV footage as a record in police stations.(Preservation of electronic record) 2. Please provide me CCTV footage in the form of electronic (disc) of following in both audio and video P.S; ...................................Date.............................Time from........................to...........................
  47. 1 point
    You can file RTI Application and seek such information from State public information officer, District Supdt of Police. Information solicited: 1)Please provide me a certified copy of order/notification/directive that states the retention period of CCTV footage as a record in police stations.(Preservation of electronic record)
  48. 1 point
    Before alleging authorities, please acquaint with RTI and how strongly the Act was brought into existence. There is no third appeal for information in RTI Act. Act ensured 3 steps under RTI and it is left to the citizen to use writ to HC as the fourth step. 1. Seeking information under RTI from Public Information officer. STEP 1 2.Going for the first appeal to a superior officer to PIO, designated as First Appeal Authority STEP 2 3. Filing second appeal to Information Commission STEP 3. There is a time frame fixed for PIO for providing information.: Within 30 days from the date of receipt of RTI Application. For First appeal Authority: To deliver orders within 30 days from receipt of the first appeal. Second Appeal within 90 days of First Appeal or date of the First Appeal There is no time frame fixed for disposing of the second appeal and normally the second appeal may come for hearing after 2 years except in one or two states. Even if the citizen is not satisfied with IC decision, a writ can be filed before HC against such decision. Download Sec.19 in your mother tongue and follow the laid down stipulations in RTI Act.. More than hundred years back, IPC was enacted by British Government and Police are working for such implementation. Because there is an act and because Police are there, crime percentage cannot come down. Every citizen knows what is right and what is wrong and why police arrests, but still the crimes continue on one reason or other. RTI is an all-purpose, cost-efficient and fuel efficient car. But the only better driver can drive this car. So like a driver, learn intricacies in RTI Act in one week.
  49. 1 point
    ..Mr.Shah, Whether it is a public or private entity is not serious affair. The fundamental aspect is that information which is being sought must be available with that SPIO as a material fact on record. It is always proper to post the query for elaborate discussion in grounds of appeal and show larger public interest, to overrule all exemptions under RTI. I am providing a format for your ready use as it is a Govt college and the information is deemed denial. First Appeal dt.3rd Feb,2-19 seeking information under RTI Act Before:, FAA,........................,............................... Against: State Public Information officer, ....................., ..................... Cause of Action: SPIO has either to provide information or deny information under RTI Act and cannot escape from duty and statutory obligation by rejecting the application and fee after.....months. The copy of RTI Application dt........and the envelope or marks of returning the fee with a copy of postal envelope are enclosed as Xerox. Grounds for Appeal Treating the information as deemed denial this first appeal. Rejection is deliberately malafide and never stated in RTI Act. PRAYER: Appellant prays for directions to SPIO to provide the information as expeditiously as possible free of cost and appellant also prays for a call for an explanation from SPIO for negligence and delinquency in performing statutory obligations to harass common citizens. Appellant
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