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Showing most liked content since 08/05/2019 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. 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
    3 likes
  14. You will need to file a first appeal: Grounds of first appeal: 1. I have not requested for a copy of complaint received against the airlines but I have asked for a copy of complaints made by the airlines with your public authority. 2. The PIO has misinterpreted the provision of section 7(9) of the RTI Act while stating as follows: Quote: information which would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question. Unquote. The correct interpretation and the decision of the
    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. 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
  23. Relevant para: Decision of the Commission Any person (even non advocate) can appear on behalf of information seeker Appearance has to be authorised by the Commission Person appearing can charge consideration for his/her appearance PIO can be represented by Advocate Any party can be represented by an Advocate Coming to practice many High Courts appointed a permanent counsel before Information commissions (State/Central) and they handle each and every case pertaining to any court i
    2 likes
  24. 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
  25. 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
  26. 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
  27. 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
  28. As a citizen you are entitled to seek any information you require from Public authorities. Please go through Shri JP Shah blogs and find the sample format of RTI Application to know status of complaint and make suitable alterations and file such application as per rules and regulations of RTI Applicable to that authority. Remember RTI is just a Road and not destination. A citizen can seek and get information which is available with public authority in the form of material record. There is no scope for questioning the quality of their action or reasons for inaction unless those are redu
    2 likes
  29. 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
  30. The Department of Handlooms and Textiles of Govt. of Telangana is a Public Authority by itself and there is a dedicated tab available on its website for giving information under RTI. However, it seems that their website's RTI tab is not working. Therefore, I would suggest as follows: 1. First try and contact them on the phone number given on their website, politely speak to the person who picks up the phone and request for the details of the Public Information Officer (PIO). Ph.No: 040-23221684 Fax: 040-23221685 2. Secondly, also at the same time, try by writing to them on
    2 likes
  31. 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
  32. 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
  33. We need all the detail to guide you to submit a letter to CPIO as guided by Mr. GLN Prasad. In addition pleases be guided by the post of Mr. Prasad dated 22 March 2017. Please do not open new thread on this Forum.
    2 likes
  34. 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
  35. First Appeal dt.10th Mar, 2020 under RTI Act Before: First Appellate Authority,................Railways,..................... Against: CPIO,................................................. Appellant:...................................... Grounds for Appeal: CPIO reply ref...................................................to RTI application dt....................is treated as unlawful and deliberate denial, as CPIO has not applied his mind for denying information and denied information by stating such clause, where as he is supposed to justify as to how Sec.8 (1 ) (d) and
    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. Wow. Ten years. It's been an incredible ride for all of us at RTI INDIA. A decade is a long time. Few things in our lives or in the world last that long—the average tech startup doesn't quite make two years. I'm honored and humbled that you've stuck with us all that time, and I promise that in the decade ahead, RTI INDIA will deliver more and better work in the areas of Right to Information. We believe in making data that others hide, transparent and accessible. We believe in delivering remarkable education and easy softwares that everyone can use and feel proud about. (See our Android &a
    2 likes
  38. OTS accepted by bank for Rs.50000/= in 2003 but prooceds deposited in 2004 without closing the account. The applicant asked for “No dues Certificate”. It was refused. The Bank took the possession of Car under SARFAESI Act-2002 & sold it. The customer was not informed the facts. He considered that the car was stolen & filed claim with Insurance co. The Co. Finalized claim & deposited it to A/C holder’s account. Again the fact was not informed. A civil Suit was filed on wrong affidavit concealing the facts. It was also informed to court that documents demanded by A/C holder we
    2 likes
  39. 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
  40. 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
  41. 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
  42. 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
  43. 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
  44. 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
  45. 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
  46. 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
  47. Go for first appeal with following grounds and prayer. Grounds: SPIO has not provided point wise, correct and complete information for point 1,2,3 and and for Point No.4 demanded for a visit for collecting documents and not even provided the calculation with his demand. The reply is not satisfactory and for 28 days he could not provide information that is available on his record. Hence first appeal. (Copy of RTI Application and PIO reply provided as xerox on back of this page as Page No.2) PRAYER: Appellant requests for directions to SPIO for providing point wise informati
    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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    • 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.
      • 1

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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
      Third_Addendum to Additional Submission for RTI Second Appeal_2nd_March_2020.pdf
      To_CIC_2nd_appeal_27th_February_2020_Redacted.pdf
      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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    • LUCKNOW: The Central government has provided categorized security cover to 308 persons, out of which 24 have been provided the highest Z-plus cover, according to the answer to an RTI query.


      As per information provided by S.C.L. Das, Joint Secretary in the Union Home Ministry to city-based activist Nutan Thakur, two dozen persons have been given Z-plus security, 59 persons have been given Z security, 109 have been given Y-plus, 34 have been given Y and 82 persons have been given X category security.

       
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