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Showing most liked content since 08/13/2019 in all areas

  1. Some of you -- at least CJ Karira, who helped me years ago in one crucial step, getting SEBI to acknowledge its own circular! -- know of a 15-year quest among desi academics to get SEBI to release its stale masked FII data for academic research. At one point years ago a parliamentary query by Shyam Benegal, then Rajya Sabha MP, sought the release of this data for academic research. He then made a subsequent RTI query asking what had done about his complaint about the terrible answer he got to his parliamentary question. We thought we had succeeded when in response to that SEBI did put in publi
    4 likes
  2. You may get information on Gross salary and name of the workers. Deductions are personal information of third party which need not be disclosed to applicants as there is no larger public interest. Instead let your wife file RTI Application seeking information on such deductions. or discover a way in getting clues by seeking information without names. EX: Please provide details of various deductions made from gross salaries ASHA workers as per laid down norms and how the amount is being sent to those organizations.
    3 likes
  3. Yes, indeed you can get all the information regarding the salary of Asha Workers. You need to focus on two things 1. Where to file 2. What to ask Where to File You should file RTI with the Block Development Officer of your area.If in doubt, it can also be filed at the District Collector / Deputy Commissioner office What to Ask You can file an RTI asking for the salary certificate of all the Asha Workers. You should also get the Payroll copy to understand the actual amount that has been debitted. For the documents, generally Asha Workers sub
    3 likes
  4. I strongly condemn this attack. Such attacks have occurred in the past as well, and there is no way to ensure that it won't happen again with someone else. I feel its time India thinks on the following lines. 1. Create separate ministry of RTI in Central & all State Govts. 2. Ministry to be managed by a group of Public Body, not by any one Elected Representative. 3. Create a Spl Dept of RTI in office of every Public Authority. 4. This Dept be kept beyond Jurisdiction of concerned Public Authority 2 avoid bias. 5. Atta
    3 likes
  5. File a second appeal and apart from other grounds that you may take also add the ground of public interest and quote section 8(2) of the RTI Act: Section 8(2) is reproduced below (emphasis added):
    3 likes
  6. A citizen should seek information available in material form as record from that authority with whom that record is available. You know where the panchnama is available as record. You have to file RTI Application in hard copy mode as per laid down rules and regulations of your state to that Public Information Officer, in whose office Panchanam is available and you will certainly get the same under RTI. It appears that you have filed on line RTI application to Central Government RTI portal and it is not to be used for seeking information from state government departments .
    3 likes
  7. RTI is mainly about seeking certified photocopies of the documents. Just frame queries such that it points towards documents. For instance, please provide me a certified photocopy of the documents wherein has been noted specific details of liabilities of my project mentioned in the NDC form.
    3 likes
  8. Please upload CIC decision and post the story as success story. After terrific gas leakage at Vizag, these kind of Larger public interest applications brings into light the deficiencies of the units much early. You are a lay man, and you should be accompanied by an expert of some voluntary organisation and the report you submit to them MPT may bring several safety violations . Search on line for such expert in any voluntary organisation.
    3 likes
  9. The PIO has cited the exemption of section 24(4) for denying the information requested by you. Please peruse the provision of section 24(4), the same is reproduced below: As you can see, your best chances of getting the information is, if you can show that the information sought by you pertains either to (1) allegation of corruption or (2) violation of human rights. It seems that, in the facts of your case, the information sought by you may possibly fall under the category of 'violation of human rights'. If that is the case, then you may file a first appeal before the c
    3 likes
  10. Just be polite and formal like a professional. Download the blog on inspection by JP Shah and carry it in the form of hard copy and take usual precautions . Search in website for Hon'ble Sailesh decision in our forum, wherein in CIC decision he ruled that PIO has to provide the information as on record, irrespective of the type of query. Write a thanks letter, seek for specific appointment date, timings, officers to be contacted and provide him the list of files you wish to inspect. Wait for their call and attend inspection atleast before 15 minutes to the given time. Never argue, do
    3 likes
  11. Focus on what an appellant can do and forget these routine highhandedness of ICs. Because it is the first time, you might have felt bad, and this is usual and most of the ICs are biased. If you wanted real remedy, take the lead and file writ after receiving decision. Sitting or standing is not important, even some persons were are imprisoned on false charges for seeking information under RTI as public authorities are having such power. Getting information is the only priority, focus on that, ignore others as some persons are having attitude, power, arrogance issues and just pity them for
    3 likes
  12. dear friends. with the help and support of many of you,I could ensure a due pension to around 3200 ex Indian Naval sailors. Around 100 RTI applications,40 first appeals and 5 second appeals,during the period since 2012. I could dig out copies of orders of the GOI as old as 1976. Finally all these materials were used for our legal fight before the honorable supreme court. Even though,the SC had given a favorable judgment in 2016,the actual payment of pension has started only in 2019. The concerned authorities had diluted the SC orders in this regards, and not paid the due entitlements
    3 likes
  13. Dear Sunilji & Prasadji Thank you so much. I have filed RTI as per your suggestion. After that they started behaving well. I have already got my last month salary. They have replied by saying they processed my OM also. But have not yet received and therefore I filed an appeal. But I have to say. "The Power of RTI is great". They admitted I have no liability in RTI. They admitted they do not need No outstanding Liability certificate from me. Thank you so much. Rethi
    2 likes
  14. Remember, RTI is not a complaint or grievance redressal way. An Indian citizen can as a right can seek information from public authorities if that information is available in material form as public record and not exempted under RTI Act. In your case you can file RTI Application and seek laid down norms/orders/guidelines and free to use that document for remedy through HC (Writ mandamus) To my knowledge transport is treated as Public Utility and essential service and lockdown rules may not apply to certain employees performing such duties for COVID19. Application dt.
    2 likes
  15. It must be an old rule. I remember that DOPT issued circular that every authority State or central must accept IPO fvg.Accounts officer as Uniform practice. I have given many options and you can explore any one and preferably blank and seeking assistance of SPIO in proper filling IPO enclosing a blank IPO.
    2 likes
  16. Kindly check in WB Information commission rules. As per Central GOvt. directives postal orders are to be drawn in favour of Accounts Officer, WBCHSE payable at the place of their office. In some states it is payable to SPIO, also... You can also write in RTI application itself enclosing the IPO in blank and seek assistance of PIO in filling the IPO as applicant is not aware of proper filling of the PO. You can make a telephone call to any PIO and seek such information over phone if you can not trace them from any state authority website.
    2 likes
  17. Thanks for the info.... I will filling rti today itself And post the reply afterwards
    2 likes
  18. Dear Sir, What is the meaning of "petitions in composite nature" composite petition 000542_+_543_+_544_+_545.pdf composite petition CIC_KY_A_2015_000175_M_155699.pdf composite petitions CIC_KY_A_2015_001099_M_180064.pdf composite petitions CIC_KY_C_2015_000183_M_180896.pdf composite petitions CIC_KY_C_2015_000208_M_180890.pdf
    2 likes
  19. One of our members tried to expose a fraud in Syndicate Bank , Nellore , AP and sought guidance in the forum in several queries. Thereafter never visited the forum. It was learnt from today's news paper that finally he could establish fraud prima facie and CBI has commenced investigation. The member should have atleast posted success story though he may not acknowledge support.
    2 likes
  20. You can file online RTI on the following website: https://rtionline.maharashtra.gov.in/index-e.php In the Public Authorities list, select "Commissioner of Police, Mumbai" fill in the details and make the payment online
    2 likes
  21. Dear Sir, I have attached the judgment of the Delhi High Court following the decision issued by the Central Information Commission, regarding “Composite Petitions” composite petitions CIC_KY_C_2015_000152_M_180880.pdf delhi high court judgment.pdf
    2 likes
  22. Under the provisions of the RTI Act, a FAA does not have the power to impose a penalty on a PIO. The power to impose a penalty is available only to an Information Commission. Please refer to section 20 of the RTI Act.
    2 likes
  23. Make a complaint to State Information Commission, establish that temple as Public authority stating all such requisites and major contributions by Government. Get that appeal decision and study before once again going to IC.
    2 likes
  24. File a first appeal on the following ground: Grounds of First Appeal: 1. As per section 4(1)(b)(x) a public authority is supposed to suo-motu publish the following information: (x) the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations; Thus, the PIO has disposed of my RTI application in violation of the provision of section 4(1)(b)(x). By the way, because of judgment of the Hon'ble Supreme Court in Girish Ramchandra Deshpande's case most the informa
    2 likes
  25. "This route" words used by you presumed as RTI. Your impression may be correct or may not be correct as every thing depends on perseverance. Every route is directed to one destination. RTI is a road/journey to destination and never a destination..
    2 likes
  26. Guide to drafting a good RTI application Drafting a good RTI application can be as easy as writing a simple leave letter. As long as the applicant knows the basics of the RTI Act 2005, drafting an application, requesting for information from any public authority, is little more than child’s play. 1. Pre-requisites: Your full name and address have to mentioned in the application. If you so wish, you can also mention your telephone number and email id, although this is optional. Have ready information about the Public Information Officer (PIO), his designation, address etc. I
    2 likes
  27. This appears as a private civil complaint with your neighbour. RTI Act shows the way for obtaining information available in the form of material record with public authority and provides that information to citizens if it is not exempted under Sec. It appears to me that your query is beyond ambit of RTI Act and only local advocate can provide a remedy for your problem.
    2 likes
  28. Under RTI Act the only right a citizen is having is for information that is not exempted alone and for further appeals under RTI. Imposing penalty against CPIO is absolute discretion of the Information Commissioner, a citizen has no right to demand for such penalty. If the problem is with information writ is the final remedy against IC decision. If for imposing penalty, HC may consider it but HC can not take any action against IC. Waiting since 14 years for correct interpretation of the penalty clause and if some one gets that imposing penalty for violation is mandatory to
    2 likes
  29. You have raised the same issue of stadium/gym several months back, and you have already raised the issue under RTI and was told that gym equipment is not ready and not in full fledged etc., If you want you can file another RTI seeking information as follows: Information solicited: 1.Please inform the projected date of functioning of .............after the work has been completed. 2.Please inform the pending construction and other works associated with the commencement. 3.Please inform specific reasons for delay on record. 4.Please provide the proposed action within a
    2 likes
  30. As repeatedly stated by experts/moderators in this forum, RTI is not a problem solving, or redressal of grievances process. One can get only information and it all depends on the applicant as to how he uses such information to get a logical end for the actual problem. These issues have to be resolved collectively by active group of persons by submitting petitions to elected representatives like councellors, MLA, MPs etc and then following up through media coverage . RTI should also be made to Government Hospitals for collecting data on mosquito bites, outpatients treated for malaria
    2 likes
  31. You can file application on line and the information you have solicited is proper. Add few words in the following sentence. Kindly provide the following information in the form of certified copies.
    2 likes
  32. @ Shri Sunil Ahya : "3. You can file a RTI application directly addressed to their PIO, without waiting for the results of step 1 and 2 above, as follows (please note that for filing a RTI, name of a person is not required but only designation PIO is required):" Always write on the envelope only the HO name and do not write To, The Public Information Officer, If you write a public information officer, as there is no such designated officer, they may refuse to accept such application, which again should be sorted out through complaint to Telangana IC. Instead w
    2 likes
  33. The only yardstick and fundamental information required is as to whether such society cease to exist if Government funding is withdrawn. If it can not exist without such financial support it is within ambit of RTI Act. First file RTI Application, then if the SPIO denies that he is not public authority, with the above information as in first para, make a complaint before Telangana Informtion Commission.Commission. You can get their scale of pay and not total salary payable or bank account which are treated as personal information under Sec. 8 1 (J) There should be a logical endi
    2 likes
  34. Though it is not necessary to state the objective of seeking information, for that specific information that was qualified as in larger public interest, that larger public interest must be stated with more clarity. Seeking total minutes for two years (specific dates not mentioned in application) may not appear as justified. Grounds for Appeal: SPIO has not provided exact such sub section in Sec. 8 (1) and provided justification for applying that exemption, and quoted CIC decision without application of mind to deny information. SPIO is expected to quote section, sub section and justif
    2 likes
  35. Those reports unless they are placed before the Assembly can not be disclosed to public. If you are not satisfied continue the cycle and go for first and second appeals stating larger public interest.
    2 likes
  36. When PIOs do not want to part with information, without application of mind, they will select all 8 (1) clauses one by one to deny information. Mere quoting of section and denying information is not lawful denial. They have to justify as to how such exemption clause applies to this specific information now being provided in the query.. Unless you provide the exact query, it is not possible to guide you on 8 (1) (d) you have to inform name of public authority also. Application of 11 as exemption is unknown. It is only formal letter written to third party seeking objecti
    2 likes
  37. The most learned in Gurus, Sri C.J.Karira, who is the main architect of this forum and a valiant fighter for RTI till recently. His contribution to the forum is immense and without mentioning him RTI is not complete. Just check for his contribution to the forum, it is a diamond mine, free for all for digging.
    2 likes
  38. Public information officer has to either provide the information or deny information stating such clause under Sec. 8 sub section 1 as exemption with such justification. Please go through Sec.8 (1) and the denial stating " disproportionately diversion of the resource of public authority" was no where stated in such sub section as exempted information. There were many CIC decisions that stated that this stipulation is not an exemption under RTI. Unless member posts the exact query, precise answer as to whether it covers under Sec.2 (f) can not be given. In General a PIO must pro
    2 likes
  39. 1.Servuce History of an employee is within employer and employee and has nothing to do with larger public interest, and as per earlier decisions it is not within ambit of RTI. Unless you can establish larger public interest like obtaining employment through fake documents , removal of essential documents, not recording of earlier corruptive actions and on disciplinary issues, you can never get such information from any Public authority. 2.. AP Govt has not brought RTI on line and once the application is submitted through Regd post and tracked through indiapost website, there is no opport
    2 likes
  40. If the information is urgent and important immediately pay the fees under protest. Address a simple letter to SPIO, making a copy to FAA. and SIC. To ............................ .......................... Dear Sir, Reg: SIC Decision No...............................dt............................ Appellant:...................................... Ref: Demand for copying fees letter No.....................dt.................................. 1.I invite your attention to Sec. 7 (6) that states as follows: (6)Not withstanding anything contained in sub-sectio
    2 likes
  41. You can file a complaint with the Information Commission u/s. 18 of the RTI Act. Kindly refer to the blog on the following link: http://jps50.blogspot.com/2009/03/non-compliance-of-orders-of-information.html
    2 likes
  42. 1.RTI Act has not stipulated any time limit for filing complaints and the rules state "Complaint should be filed within reasonable period", what is reasonable has to be decided by IC. and in the forum, so far no one has complained about rejection of complaints by IC. 2.Please go through Sec.18, First appeal is not required for making complaint. (Remember that a complainant is not entitled for information from PIO, he can only pray for penalty against PIO and which is once again the discretion of IC, and in less than .5% of complaints, IC has decided to levy the penalty.
    2 likes
  43. AS per Govt practice of rules if REPLY is not forth coming from any office a COMPLAINT TO NEXT HIGHER officer is only the method.Alternatively you can file RTI seeing as to to ACTION TAKEN AS SUGGESTED BY APPATASKAR as suggested above in the normal way
    2 likes
  44. Focus only on information. If you feel that information is urgent and important, do avail every opportunity thrown to you without further arguments. If you wanted to go for appeal go for first appeal stating the following grounds. First Appeal dt........................under RTI Act Before: Against: Brief facts: Appellant solicited information in the form of a letter for queries No.............and PIO instead of providing information vide his letter dt.............directed appellant for inspection. Grounds for Appeal: As per Sec. 7 (9) "information shall ordinarily
    2 likes
  45. Whether SPIO has informed you or FAA has informed you is not clear. Generally FAA should deliver orders to SPIO for providing of information, keeping the options to the appellant. But DOPT guidelines stated that even FAA can provide information in the interest of expeditious disposal. Let us appreciate sincerity of FAA and bring to the attention of FAA on not uploading that information in website. Do not be hurry in making second appeal as it takes time of minimum two years for getting opportunity of hearing and then information. Your endeavour should always be to get information in first
    2 likes
  46. Then Grounds for appeal should be for providing information that is incorrect and misleading and information not providing in the form it was requested.
    2 likes
  47. The only remedy is making a written complaint to BMC with such photographs and original sanctioned plans and specifically pointing out deviations, use of property for commercial purpose etc. Then for waiting for two months and filing writ mandamus before HC.
    2 likes
  48. Section 11 is a procedural section which lays down the procedure for cases where an information pertains to a third party. However, information cannot be denied u/s. 11 of the RTI Act, because as per section 7(1) information can only be denied either u/s. 8 or 9 of the Act. Firstly the information that you have sought is not a third party information and secondly even if it were to be a third party information it could have been denied only section 8 and 9 of the Act. Please find section 7(1) quoted below:
    2 likes
  49. Is the document made available by the central/state public information officer is admissible as evidence in a court of law? It is very pertinent question. This question is sure to arise when the receipient of the document attempts to put in as evidence in a case pending in the civil or criminal court. The document made available by the Public Information Officer is the one which is already recorded in the official records and published or it may be one which is not recorded and published or the one which is yet to be recorded and published. What the public information officer does is,
    2 likes
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    • सड़क निर्माण में भ्रष्टाचार ना हो और पारदर्शिता के लिए आप चाहे तो निर्माण स्थल से #RTI के तहत निर्माण कार्य का सैंपल लेकर लैब में टेस्टिंग के लिए दे सकते है। http://rtiindia.org

       

      : https://righttoinformation.wiki/guide/applicant/application/sample/road-work
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    • WHAT AFTER DECISION BY CENTRAL/STATE INFORMATION COMMISSIONER

      There are a large number of instances, where the State Information Commissioners are passing orders contrary to the spirit and object of RTI Act and contradicting the laid down procedures. Another issue is the Public Authorities did not comply the decisions of CIC/SIC and the Information Commissions are not strict about enforcing penal provisions under section-20. The Information Seekers feel they were pushed to the dead end. There is a common feeling that no appeal lies against the decision of State Information Commissioner. Let us examine it.
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    • Instances that involve disclosure of sensitive information, it may be rationale for the CPIO to ask for citizenship proof
      Information Commissioner Divya Prakash Sinha held that seeking citizenship proof in case of demand of sensitive information is justified but seeking a signed copy of the application does not seem appropriate as the online portal does not mandate uploading of signatures.
       
      Sinha was hearing the plea of an Odisha-based RTI applicant who had sought from the Army information regarding implementation of rules under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 in all defence establishments.
      The Army did not provide any information to the applicant, the CIC noted. Akhand approached the Commission with a complaint that the central public information officer (CPIO) of the Army has demanded a signed copy of his online RTI application as well as identity proof before providing him the records.
      “In this regard, it may be noted that as far as CPIO’s request for citizenship proof is concerned, the same is not questioned as Commission in its prior decision(s) has held the view that Armed Forces stand on a slightly different footing as there may be instances that involve disclosure of sensitive information, and for such reasons it may be rationale for the CPIO to ask for citizenship proof,” Sinha noted.
      Originally posted here!
       
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    • Some of you -- at least CJ Karira, who helped me years ago in one crucial step, getting SEBI to acknowledge its own circular! -- know of a 15-year quest among desi academics to get SEBI to release its stale masked FII data for academic research. At one point years ago a parliamentary query by Shyam Benegal, then Rajya Sabha MP, sought the release of this data for academic research. He then made a subsequent RTI query asking what had done about his complaint about the terrible answer he got to his parliamentary question. We thought we had succeeded when in response to that SEBI did put in public domain that FII data and promised to update. And to  their credit, they did update it from time to time, even if a bit fitfully. But thanks to a question by a curious IIT-Madras undergrad, we realized that what SEBI gave with one hand they took away with another. While the idea was that the FII IDs would be masked to preserve privacy, without telling anyone, SEBI changed the masks each month, drastically reducing the value for academic research (since you can't even tell how many distinct FIIs are there in the data base, and whether anyone traded over time). It also caused mistakes in academic research since no one imagined that SEBI would use changing masks, when no other regulator or exchange on the planet does so.

      To get SEBI to finally agree to not hide by changing masks, but to keep a stable mask, has taken many years. But at least per the ruling received yesterday, it has been achieved, with no violence to anyone. I attach the ruling. I can also post the various submissions made at the Second Appeal hearing if there is any interest (need to scrub email-IDs, per the policy of this site).

      Addendum_To_CIC_2nd_appeal_28th_February_2020.pdfThis RTI site, in particular Karira-ji, has been very helpful to me in the course of this long episode thru countless RTI queries. And I am grateful for that from the bottom of my heart. I am confident we will see quite a few PhD dissertations using this database within the next few years.

      Addendum_To_CIC_2nd_appeal_28th_February_2020.pdf
      Second_Addendum_w_Appendices_29th_Feb_2020.pdf
      CIC-SEBIH-A-2017-139953-BJ.pdf
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      Draft_Talking_Points_for_the_Hearing.pdf
      From_SEBI_Written Submiissions - Murugappa Krishnan 139953.pdf
      thanking_CIC_post_decision_Redacted.pdf
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    • There can be no faith in government if our highest offices are excused from scrutiny - they should be setting the example of transparency.
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