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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
    No uniform format has been prescribed. Her attendance is also not needed. That is just a formality. Please mail a copy in advance and retain one copy with you for showing it to Commission.. Before .................Information commission,..................... File No: Against: SPIO,........................ Appellant:..................................... Authorisation letter for representing the appellant for hearing on..................... Appellant humbly submits that she could not attend hearing on.........................and hereby authorizes her husband Sri................................for representing her and submitting the grounds of appeal and praying for such remedies under RTI Act. He may be permitted to attend the hearing on the basis of this authorization letter Shri ............................Signs as.................................................................... Appellant
  21. 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.
  22. 2 points
    The citizen has the right to seek information only, and the rest is left between PIO and SIC. The duty of a citizen is using first appeal and second appeal only and making representation to CIC. Represent material facts to IC and seek information. These are not loopholes and in fact, no PIO is caring for RTI sincere implementation. The penalty is left to the discretion of IC killing the spirit of RTI Act and the act is just a paper tiger. which PIO can just blow with his breadth.
  23. 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.
  24. 2 points
    Sorry the file is not available for opening in my system.
  25. 2 points
    Always remember that it is the forum that has facilitated us and inspired us. The credit should go to the forum and we are very small wheels.
  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
    No. It was a decided issue that Income particulars, PAN Numbers etc., are personal information that is exempted under Sec.8 (1) (j). Please go through the section. Remember that if you can establish larger public interest, there are no exemptions in RTI Act but you have to convince the Public Information officer.
  28. 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.,
  29. 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
  30. 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.
  31. 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.
  32. 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.
  33. 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.
  34. 2 points
    I am not aware as to how you got this information, and it helps those to avoid helmets on those places during those timings without any fear of penalty.
  35. 2 points
    You can file RTI application to CPIO, IRDA and can seek clarification. RTI Application dt.22nd Nov,2018 seeking information under RTI Act Before: Central Public Information Officer, IRDA, New Delhi. Fee: Postal order No...for Rs.10/- fvg.Accounts officer, IRDA payable at New Delhi. Applicant: Subject on which information is sought: "Portability"--=IRDA Act 2016 2 (m) read with portability mentioned in ORDER No IRDA/HLT/MIDC/Cir/03-12-12 dt310-2-2011-Item No.3 Information solicited: 1. Please provide me the copy or order or stipulation that enables transfer of one company Mediclaim Policy of one plan (Say 'X' Company) top another company with another plan (Say Y company)--on the portable clause in credits gained for pre-existing conditions and time-bound exclusions. Applicant.
  36. 2 points
    Please carefully read as to what was offered as guidance. I have not provided format and I have provided only the link. The format has to be modified to suit requirements of public authority. "Search website of Municipality/Corporation, locate Public information officer, format of application," A PIO can only reject the information under Sec.8 or Sec.9 of RTI Act exemptions. The contents part in information solicited is alone taken into such word count. In case if anyone wants more information, the application must be split with each application not exceeding 150 words to avoid such rejection, as further correspondence is wastage of time. Even those RTI applications should be given various dates and they may be sent in one envelope. Giving different dates helps us in follow up of that application. Please do not quote each and every query, and always make your query occupy as less space as possible, raising one issue. Value the space in the forum and time of the members. For a simple query, fresh issues are being raised after reply.
  37. 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.
  38. 2 points
    Yes. Certified copy, xerox copy, inspection, are parts of information that has to be provided by SPIO and each form is different.
  39. 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
  40. 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
  41. 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.
  42. 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)
  43. 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.
  44. 2 points
    Let us admit the fact that most of modern parents care more for education of their children and do not care about expenditure. There is no need to explain that they charge exhorbitant charges. If in a particular area, 52 schools were opened and running with good strength confirms that parents care more for safety and quality of education. Whether it is recognised or not recognised is secondary. Quality of education, and proximity to house are the main choices. Are we not heard of some chief minister children going to attend colleges for 60 KM, as they prefer that college ? A central minister (Recently resignedd) daughter was studying at a Medical college located 250 KM from Hyderabad where his family used to receive. It is just a minute job for that Central Minister to get her get a transfer to Hyderabad college, as he is straight forward and every one is impressed by his sincerity and honesty. But, inspite of CM asking him to do the favour, he never said YES and she continued to reside in that area for 5 years till he completed her education.
  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
    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.
  47. 2 points
    The query is not that much direct and straight and as there can be interpretations in different shades. Member is not seeking copies of answer sheets of other candidates...but seeking first page of decoding...name ...registered no....scored marks.... Typical query that must go to IC for a speaking order .
  48. 2 points
    There is no such mention in RTI Act. But, DOPT issued such OM to appoint Transparency officers as liaison with CIC. File RTI Application to DOPT seeking copy of their OM. (You can find out in their website) There is no change in duties and obligations, control of their regular duties , they are according to me titular heads. Each Public Authority has only one Transparency officer.
  49. 2 points
    Description of Information Required: 1. In-accordance with the provision of section 2(j)(i) of the RTI Act, kindly provide me with an inspection of all the documents pertaining to XXXX. 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.
  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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