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Showing most liked content since 07/30/2020 in all areas

  1. File a complaint u/s. 18 with the SCIC. Grounds of complaint: 1. The PIO has not complied with the directions of the SCIC to file an affidavit despite a lapse of ______ days after the SCIC's Order Dated: _________. The complainant therefore urges the Hon'ble Commission to exercise its powers u/s. 18(3) of the RTI Act read with Section 27 to 32 of the Civil Procedure Code, 1908 and thereby institute an inquiry with due regard to its powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908. A true copy of the SCIC directions are annexed herewith as Annexure "A" Pages __________. 2. Similarly mention if there are any other grounds of complaint. Prayers: In the above premises this Hon'ble Commission may be pleased to: 1. Issue summons to compel the attendance of the PIO in accordance with the provisions of section 18 of the RTI Act read with section 27 to 32 of the CPC, 1908. 2. Direct the PIO to file the affidavit in compliance with the Hon'ble SCIC's Order Dated: __________. 3. Any other further Orders in the interest of justice.
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  2. Enclosed herewith this post an attached file containing the instructions given by the Department of Posts not to insist the identity of complainant while dispatching the complaint by speed / registered post. Department of Posts - Non Disclosure of the Identity of complainant under PIDPI.pdf
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  3. Enclosed herewith this post the order of the Supreme court of India extending the limitation period for filing applications before any tribunal under any law for the time being in force, until further orders. This judgment can be used by RTI appellants for filing first appeals and second appeals before the First Appellate authority and the Information Commission, in case the RTI appellants have missed the deadline for filing appeals as stipulated under the provisions of RTI Act. Apex_court_-_Limitation_period_with_respect_to_all_judicial_and_quasi-judicial_proceedings_extended_until_further_orders[1].pdf
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  4. First contact his wife and seek such evidence of Wedding card, photographs and whether marriage was registered. You can also check for their ration card/voter card/Bank account/AADHAR details if you have finally decided to file a case for cheating. Infact you want remedy. It is your duty to file such complaint to Police providing the name of first wife, and it is their duty to investigate the case and book him by collecting all such evidence. Do not waste time thinking that you have to collect all such evidence. The resources with individuals are very less when compared with professional expertise of police in collecting such evidence. Your duty is to convince Police of your sincerity and stating that you were kept dark on his first marriage and your marriage was solemnized with such rituals and providing such evidence of your marriage. There may be several facts that Police may dig into as to how you have to come in contact with your husband. If it is through matrimonial site, then it is a strong evidence in your favour. Always approach Police either with an advocate or through Women's Voluntary organisation
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  5. GROUNDS OF FIRST APPEAL: 1. The PIO has declined information against point no. XX of the RTI application by merely quoting the exemption to information under section 8(1)(j) of the RTI Act, 2005 without giving meaningful justification for arriving at that reason for denial. This is against letter and spirit of RTI Act. Please find the following persuasive precedents wherein the concerned authorities have ruled that merely quoting the bare clause of the Act does not imply that the reasons have been given: DECISIONS OF THE CENTRAL INFORMATION COMMISSION (CIC) IN THIS REGARD: A] “Through this Order the Commission now wants to send the message loud and clear that quoting provisions of Section 8 of the RTI Act ad libitum to deny the information requested for, by CPIOs/Appellate Authorities without giving any justification or grounds as to how these provisions are applicable is simply unacceptable and clearly amounts to malafide denial of legitimate information attracting penalties under section 20(1) of the Act.” Refer: CIC/OK/A/2006/00163 dated 7 July, 2006. B] “The PIO has to give the reasons for rejection of the request for information as required under Section 7(8)(i). Merely quoting the bare clause of the Act does not imply that the reasons have been given. The PIO should have intimated as to how he had come to the conclusion that rule 8(1)(j) was applicable in this case.”CIC/OK/C/2006/00010 dated 7 July, 2006. Refer: CIC/SG/A/2011/003607/17371 dated 10-03-2012 C] “Access to information, under Section 3 of the Act, is the rule and exemptions the exception. The information can be denied only if it is exempt as per the provisions of Section 8 or Section 9 of the RTI Act. Further, while denying information the authority withholding the information must show satisfactory reason and such reason should be germane and based on some material. Sans this consideration the information cannot be denied………” Refer: CIC/BS/A/2013/000681/4968 dated 24-04- 2014. COURT JUDGMENTS IN THIS REGARD: D] “6. This Court is inclined to concur with the view expressed by the CIC that in W.P. (Civil) 12428/2009 order to deny the information under the RTI Act the authority concerned would have to show a justification with reference to one of the specific clauses under Section 8 (1) of the RTI Act. In the instant case ………….” Hon’ble HIGH COURT OF DELHI in W. P. (C) 12428/2009 & CM APPL 12874/2009 DEPUTY COMMISSIONER OF POLICE versus D.K.SHARMA –Judgement dated 15-12-2010 E] “If no reasons are given in the appellate orders, then it is injustice to the natural justice because quasi judicial obligations are giving reasons for order, since justice is not expected to wear the inscrutable face of a sphinx” Hon’ble High Court of Kerala in Ibrahim Kunju v. State of Kerala AIR 1970 Ker 65. F] Judgment of HON’BLE HIGH COURT OF DELHI in WP(C) No. 3114/2007 decided on 03.12.2007 : “Para 12………As is reflected in its preambular paragraphs, the enactment seeks to promote transparency, arrest corruption and to hold the Government and its instrumentalities accountable to the governed. This spirit of the Act must be borne in mind while construing the provisions contained therein. Para 13. Access to information, under Section 3 of the Act, is the rule and exemptions under Section 8, the exception. Section 8 being a restriction on this fundamental right, must therefore is to be strictly construed. It should not be interpreted in manner as to shadow the very right itself. Under Section 8, exemption from releasing information is granted if it would impede the process of investigation or the prosecution of the offenders. It is apparent that the mere existence of an investigation process cannot be a ground for refusal of the information; the authority withholding information must show satisfactory reasons as to why the release of such information would hamper the investigation process. Such reasons should be germane, and the opinion of the process being hampered should be reasonable and based on some material. Sans this consideration, Section 8(1)(h) and other such provisions would become the haven for dodging demands for information” 2. Furthermore, the FAA has declined information against point no. xx of the RTI application by merely quoting the exemption to information under section 8(1)(j) of the RTI Act, 2005. This is against letter and spirit of RTI Act in general and section 19(5) read with section 22 in particular. Please find the following Case Laws / Persuasive Precedents wherein the concerned authorities have ruled disclosure of information pertaining to police investigation, Police Diary / Daily Diary / Case Diary: A] IN THE HIGH COURT OF DELHI AT NEW DELHI in W.P.(C) 12428/2009, DEPUTY COMMISSIONER OF POLICE versus D.K.SHARMA. The Delhi High Court has asked Delhi Police to provide to an accused the daily diary (DD) entry mentioning his arrest, information collected during the investigation and copies of the case diary. Justice S. Muralidhar passed the direction dismissing an appeal by the Deputy Commissioner of Police (Anti-Corruption Branch) against an order by the Central Information Commission (CIC) on a petition by the accused, D.K. Sharma, when the officer refused to provide the documents asked for by him. The police had denied the information to the accused on the ground that trial of the case had been completed and that he was not entitled to a case diary in terms of Section 172 (2) of the Criminal Procedure Code and that the provisions of the RTI Act had to be read subject to Section 172. Countering the police’s argument, the accused in person argued that his right to ask for the information under the RTI Act could not be denied citing the quoted Section of the Code and that no prejudice would be caused to the investigating agency as the trial had been completed. Dismissing the appeal, Justice Muralidhar said: ``This Court is inclined to concur with the view expressed by CIC that in order to deny information under the RTI Act, the authority concerned would have to show a justification with reference to one of the specific clauses under Section 8 (1) of the Act.’’ ``In the instant case, the police have been unable to discharge that burden. The mere fact that a criminal case is pending may not by itself be sufficient unless there is a specific power to deny disclosure of the information concerning such case’’, Justice Muralidhar said. ``No prejudice can be caused to the police if the D.D. entry concerning his arrest, the information gathered during the course of the investigation, and the copies of the case diary are furnished to the accused. The right of an applicant to seek such information……cannot be said to be barred by any provision of the Cr.P.C’’, Justice Muralidhar further said. ``It is required to be noticed that Section 22 of the RTI Act states that the RTI Act would prevail notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 and any other law for the time being in force’’, Justice Muralidhar said, elucidating the provision of the RTI Act. B] Smt. Jagvinder Kaur v/s. PIO,Senior Superintendent of Police, Bathinda: Following is the relevant excerpt from the Decision of the Hon’ble Punjab State Information Commission: “What holds good for matters under investigation, would in fact apply with greater vigour to cases where investigation has been completed. In the present case, investigation has been completed and ‘challan’ has been presented. Trial is going on in the court. The respondent has not shown how and in what way discloser of the case diary at this stage, will impede the prosecution of the accused. No reason or justification has come forward from the respondent. In conclusion, therefore, it must be held that the complainant has a right to access the information sought by him and the respondent is under a statutory obligation to supply attested copies of the case dairy to him.” C] Sri Virag R. Dhulia Versus PIO & lnspector of Police, Mahadevapur Police Station, Bangalore AND FAA & Deputy police Commissioner, DCP East Zone, Ulsoor Police Station, Bangalore Following is the relevant excerpt from the Decision of the Hon’ble Karnataka State Information Commission: “5. Respondent states that it is a confidential document which will be produced before the Court if called for and if Commission intends he is ready to provide the copy of Case dairy to the Appellant. 6. Since Section 22 of RTI act overrides any other act for the time being in force; nothing prevents the Respondent to provide the copy of the Case Dairy to the Appellant. 7. Commission directs the Respondent to provide copy of the Case Dairy to the Appellant.”
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  6. For seeking Information: 1. File a RTI application under section 6(1) of the RTI Act with the concerned Public Information Officer (PIO); 2. If you do not get the information from the PIO, then file a first appeal under section 19(1) with the concerned First Appellate Authority; 3. If you do not get the information despite filing a first appeal, then file a second appeal under section 19(3) with the concerned Information Commission. For Complaining: Consider the following example situations: > There is no available PIO with whom a RTI can be filed, how would you then file the RTI? > The Information Commission has passed an order in second appeal that information be provided to the RTI appellant. Yet, despite the Commission's Order the PIO does not provide the information. In such cases, one may file a complaint under section 18(1) of the RTI Act, with the concerned Information Commission.
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  7. 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 pertaining to the XXXX... Kindly do prepare an index and paginate all the information offered to me for an inspection, and suggest three alternative dates for an inspection. In case, I have any difficulty with the dates offered for inspection, I will inform you about the same, and you may kindly do the needful to address the same. 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 the prescribed fees. Also please read the blogs on the following links: http://jps50.blogspot.com/2009/11/guidelines-for-inspection-under-rti.html http://jps50.blogspot.com/2012/03/assistance-in-inspection-under-rti-act.html
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  8. Any record available with public authority in material form is information under RTI. The Supreme Court ruling applies to applications before Courts in which there was a laid down procedure for seeking certified copies of documents, long before RTI enactment. PIO is smart and ask them (PIO/FAA) to read the said judgment and enlighten him that it applies to those applications filed before Courts alone. Go for first appeal or file fresh RTI Application seeking inspection and then select that file for providing of information and you can obtain desired information through certified copies.
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  9. Guru Purnima is a grand day that is significant to revive the connection between the students and the teachers in both academic and spiritual ways. Students and disciples all over the world dedicate this day to their teachers. It is a societal and religious celebration. The ancient and present Indian tradition acknowledges the positive impact of Guru or a teacher in a student’s life. A Guru or a teacher plays a significant role in molding the student’s life and guide him through all the phases of life. A Guru guides a student to help him reach his goals and advance in his spiritual and materialistic life. His grace and blessings are powerful to dispel ignorance (darkness) from the life of the student. On this day disciples and students recognize the importance of Guru in life and receive their blessings. I would like to thank admin, GLN Prasad sir, Sunil Ahya, Dr V S Prasanna and other Senior Members in this forum who share their view and guidance by helping learning people like us. Sir, I would like to thank you as many time whenever we stuck in between and post our issue you all help us by sharing required things to be done by investing your important time in this forum helping many people in their respective issues. Thanks Regards. Vijendra.s
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  10. Thanks for valuable inputs on questions asked by being given by our RTI Guru's on the day of Guru Purnima. Regards.
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  11. Credit should go to our Mahaguru Shri C.J. Karira who has enriched the forum contributing to maximum posts and had maximum likes, and taken up fights with CIC/HC on his own for larger public interest. Members should also not forget the super moderator Raveena madam, who ensured detailed guidance with discipline and many of her replies are treasures. The main institution that brought the gurus and disciplines is the RTI India Org and every one in the administration deserves appreciation for their services.
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  12. If you are satisfied with the information, you may inform to CIC as a matter of courtesy, in case if the PIO failed to provide the information within 30 days, report non compliance through another complaint providing the details of decision, orders, non implementation, under copy to PIO and FAA.
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  13. There was further amendment to that O&M, and any custodian that is having that record can sign for PIO if he is having such powers to sign for Government.
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  14. During this covid pendamic I moved application under life n liberty clause in a medical college regarding some. Important machine and other I got the same in 3 4 days. All can try.
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  15. Absolutely true. They have made the Act a toothless tiger. Justice delayed is justice denied. In India, the officials are having attitude problems first and they do not like if some one questions their actions. When the hearing takes place after 2 years+, when information is important, and when the ICs are retired bureaucrats and wish to complete the tenure without any controversy, the result is partisan attitude and lenient view against PIOs. The Act is at present running on ventilator and there is no question of survival if the same situation continues. Applicants, PIOs, FAAs, ICs and Government have their own deficiencies and all made a a very good act as useless.
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  16. I have yet to hear instances where penalty was recovered from PIO or from those who has delayed in providing the information to him(by that public authority) , let alone action against them. The verdict that a citizen is concerned only with information and can not insist on other remedies and giving discretion to IC is more unjustified. Once if the penalties are deducted from individual salaries, then they feel pinch for effective implementation and unfortunately that can never happen or practicable.
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  17. When the (original/ initial) PIO seeks the assistance of any other officer, that officer is bound to render assistance and failure to do so makes him liable as a deemed Public Information Officer (PIO). Please refer to section 5(4) read with 5(5). The same is reproduced below: (4) The Central Public Information Officer or State Public Information Officer, as the case may be, may seek the assistance of any other officer as he or she considers it necessary for the proper discharge of his or her duties. (5) Any officer, whose assistance has been sought under sub-section (4), shall render all assistance to the Central Public Information Officer or State Public Information Officer, as the case may be, seeking his or her assistance and for the purposes of any contravention of the provisions of this Act, such other officer shall be treated as a Central Public Information Officer or State Public Information Officer, as the case may be.
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  18. RTI Act is concerned with Accountability only to Public Relation officers alone. Further accountability within public authority rests with functionaries and a purely internal matter. Neither Information Commission nor applicant is concerned about such further action against those who is responsible in particular delay of information to that relevant RTI Applicant. Infact applicant is also concerned with information alone, and he is not having any rights to insist on penalty for delay, and imposing penalty is the sole discretion of IC alone, and applicant is not having any say except making prayers.
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  19. Under RTI Act, a citizen has a right to seek that information that is available in the form of a material with Public authority, the disclosure which is not exempted RTI from any Public authority. In other words Public Information Officer, designated as such by a Public Authority has to provide information, as is available in the form of material for which he is custodian information, If that information is not exempted under Sec. 8 (1) Finally you can not ask any personal information of any employee like his personal property, and if such information of any citizen is available with public authority as a material record in the performance of duties, that record of third party in possession of public authority which is a record can be obtained under RTI.
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  20. In a given Public Authority, there may be several Public Information Officers & First Appellate Authorities, And therefore, a PIO, in his response to a RTI Application, should inform a RTI Applicant about the particulars of the correct & concerned First Appellate Authority. But in case a PIO does not do so, then a RTI Applicant should file a First Appeal, as follows: 1. Visit the Public Authority's website and try and look for the details of the concerned First Appellate Authority (FAA) under RTI link, especially in section 4 declaration. 2. If despite reasonable efforts, one is not able to find the details of the correct FAA, then one should file a first appeal, as given below: > Attach a cover page on top of the First Appeal:
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  21. If a thread is opened on one issue EX: Time frame for second appeal, member should continue posting in the same thread for continuity. Opening fresh thread on continued queries on single issue brings confusion and wastage of space. Please avoid. Moderators have to take the trouble of clubbing all the posts relevant to one thread which is time consuming. ............... Presuming that the query was going for second appeal against non receipt/unsatisfactory orders of FAA, the Stipulation was as follows: Sec.19 (3) A second appeal against the decision under sub section (1) shall lie within ninety days a) from the date on which the decision should have been made or b) was actually received with the CIC or SIC. EX: First appeal was made on 1-1-2021 and FAA orders may be within 31-1-2021 (a) and the orders might have been received on 7-2-2021 or there might have been no reply from FAA at all till 7-2-2021.(b) In case of FAA orders, second appeal time frame be reckoned from date of receipt of such orders i.e.90 days from 7-02-21 Even when there is no response the expected date including postal transit is presumed as 7-2-21 and within 90 days from 7-2-21 second appeal should be preferred. Please remember there is no hard and fast rule and we heard no complaints from members that second appeals were rejected for nominal delay. The standard practice should be not to wait till last minute. Wait for 30 days + postal transit days of 10 =40 days from date of first appeal posting and then go for second appeal without wasting time on grounds of deemed denial of FAA orders In case of receipt of unsatisfactory orders within a week from date of receipt of such FAA orders go for second appeal without waiting for 90 days. Invariably mark the second appeal copy to FAA and FAA is really a sensible authority, if he has not acted already he may take a decision. There is always a possibility of praying for condoning the delay by IC and they may not reject.
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  22. You may file a first appeal on the following ground: Grounds of First Appeal: 1. I had requested for the following information vide point no. 12 of the RTI application. The same is reproduced below: "Inform me the name, designation and current posting address of officers and subordinate staff who verified the parameters of the construction of the building specifically with respect to permissible FSI, Floor plan and structural strength of the existing building." The PIO has replied stating that the said request does not fall under the definition of information as given under section 2(f) of the RTI Act. Section 2(f) is reproduced below (emphasis added): "(f) "information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force;" The information sought by me such as name, designation etc. ought to be available on the records of your Public Authority in the form of documents, memos etc. Thus, the information sought by me indeed falls under the definition of information as given under section 2(f) of the RTI Act. Prayers of First Appeal: 1. Kindly direct the PIO to provide the information requested vide point no. 12 of the RTI application in accordance with the definition of information as given under section 2(f) read with section 7(1) and further read with section 7(6) of the RTI Act. 2. Kindly place the onus of denial of the said information on the PIO, in accordance with provision of section 19(5) of the RTI Act.
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  23. There is no such prescription and clauses for seeking information under RTI. The denial can only be made as stated in Sec.8 (1) with justification. First seek such information as you wish, and then if the information is denied, you can go for first appeal stating such grounds. PIO provides the information as it is available in material form as a record. If there is a material record in both languages, that document must be provided if not exempted under Sec. 8 (1)
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  24. The present scenario is that PIO should provide the information in the language it exists in material form in his records. If it is in English, it must be provided in English ony. If it is in some other language, they should provide that information in which language that exists. For example if it is in other language, he can not undertake to translate from that language into English. The only option is using "Google translate" to know the meaning after getting the certified copy of such record, as PIO may not be ready to provide the information. Applicant can ask anything he wishes, but must be prepared for such denials and can take a chance without expecting positive result from PIO.
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  25. There is no specific period, unless the notice stipulates a period from 30 days to 90 days. In such cases, contractors/builders play delay tactics and approach court for injunction orders against implementation. Get a certified copy of such notices, and seek information from BMC B&F dept as follows: 1.Please provide me certified copies of notices issued to the unauthorized contractors. 2.Please inform the stipulated period if any for proceeding to demolition unauthorized construction after issuing notice, and in absence of response from them, with certified copy of such rules and regulations by BMC. 3.Please provide action plan for proceeding further like demolishing the structures as many reputed persons are not even spared from such demolition exercises by BMC. Wait for a response and post this as grievance in on line portal of the Ministry. After all these efforts prepare a file of all your efforts and file a PIL with the help of some advocates that offer voluntary services in larger public interest. Our Moderator Shri Sunil is the most authentic person to guide you further.
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  26. You may try writing to the General Administration Department (GAD) of the Government of Uttar Pradesh. Be polite and respectful while writing and focus on the merits of your submissions. Director, Suchna Bhawan, Park Road Department of Information & Public Relations Lucknow - 226001 Email : upinformation[at]nic[dot]in
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  27. It is good to see people helping one another and in turn achieving success in a society plagued with nepotism and favouritism.
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  28. Sir, deputy collector has ordered the investigation by submitting Memorandum to Mamletdar
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  29. Sapling planted by Minister and Evidence submitted by RTI activist Damodar Divkar Murgaon, Coal companies and MPTs had planted saplings on the National Highway leading to Mormugao port at the hands of Urban Development Minister, As RTI activist Damodar Divkar has proved this with strong evidence, the brass of the forest department officials has been exposed. In the year 2019, Minister Milind Naik and MPT Chairman E. Ramesh The photo of Ramesh planting trees was posted on social media by Shri. Divkar has lodged a fresh complaint with the Chief Secretary of the state in this regard. About 3,000 saplings were planted by Urban Development Minister Milind Naik on the National Highway 17-Ayathe port on the way to Morgaon port from Elmont Theater to Sada. A special program was organized for this at Sada. A complaint has been lodged with the police and forest department after Minister Milind Naik allegedly planted a sapling on a three-kilometer-long highway in Murgaon to curb environment
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  30. Congratulations. Members have seen your growth and you are updating in the forum all your efforts as a good activist, undaunted by authorities defiant attitude. Please post your success story. Members are proud of your achievement and your keen interest shown in the forum for getting timely guidance.
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  31. Thank you dear Sunil Ahya and Prasad GLN sirs. I value your inputs and thank you for the same. Sunil Ahya sir: The FAA has accepted my appeal about the undue amount of time being taken by the CPIO and had ordered that the information be provided in 7 days time. It is only after this that the CPIO has started sending these responses to my RTI. Most of them seem to be pretty much not of much use of of the kind that I had reproduced above. I will appeal the above response to the FAA in the manner in which you had recommended. Prasad GLN sir: Thank you for your suggestion. I will include this too in my appeal to the FAA. I was looking forward to your input and grateful for the same. When I started off building my case against the Bank it seemed utterly impossible and uphill task. The Debt Recovery Tribunals is extremely pro financial institution to the the extent that one starts feeling they are against borrowers. No information was forthcoming, since the PO pretty much agreed with the Bank's position that the requested information was not needed by us! One begins to distrust everybody and loses faith in our institutions. When we realize that nationalized banks, which we held in such high regard growning up, would behave in a predatory manner, we felt helpless and isolated. It was at this juncture that I found your site, and the wealth of information herein! The information gleaned from here formed an integral part of my documentation process and counters. Thank you very much for your selfless service.
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  32. Congratulations. Post the success story. You have taken so many cases during 2019-20 and this is not a small success. A slap on the face of those public authorities who think that RTI is a time waster and it has given horns to citizens for abuse.
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  33. There are well established and powerful unions affiliated to political parties and National presence. When there are agreements between such organizations that are takenover/merged/amalgamated, the workers as stake holders has their own say and every step is taken only with their consent. If there are disparities a member from Labour commissioner's office has the power to intervene and take up their cases. Now when the agreement was completed in 1999, it is difficult to find out such terms and conditions after 2020. You can file RTI Application to Momugao Port Trust and seek information as follows. Subject on information solicited: MDLB merged in Mormugao Port Trust in the year 1999 and MPT paid the benefits of services to the dependent’s and pension scheme to the ex-employees Of MDLD only to the people those has been retrenched from the date 1/1/1985 and excluded the same benefits to the employees those has been retrenched in the year 1984. Information solicited: 1.Please provide me certified copies of the extract of such agreement/any judgment that states pensions to workers retrenched after 1-1-1985 only and not to workers who were retrenched before that date. 2.Please provide me list of representation of those employees who were left out before 1-1-1985. 3.Please provide me number of cases filed and verdicts any ruling the agreement of covering pensioners only after 1-1-1985 and not before that date
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  34. Information solilcited: 1.Please provide the list of such sensitive posts and non sensitive posts that are classified in the organization. 2.THe criterion followed for differenciation in between the two. 3.Whether such posts are permanent or can be brought back from non sensitive to sensitive.
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  35. Establish larger public interest to the satisfaction of the PIO so that he can not use any exemptions under RTI .(Thank your stars as you are fortunate to get most details in 2017). Salary (Basic), designation, Branch working, are not treated as invasion on privacy. Loans and addresses (Women employee) in case of women are certainly exempted . If you want that information, there are several unauthorised channels like Private Detectives etc to get such information and we are not supposed to discuss in forums. (In India nothing is difficult)
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  36. Being a banker, you are well aware that even several decades before enactment of RTI , Bankers' statutory obligation is to maintain secrecy of customers' accounts. There are certain exemptions and those exemptions are not for public and is for Police (law enforcement) , Statutory authorities(including courts/Taxes), interest of other banks (sister concept) and when the bank's own interest is involved. However rate of interest is not personal information and it is to be announced in Public. You can reconstruct your query and seek specific information on rates of interest applied on such loans to general borrowers and if concessions are allowed to chairman such specific permission. If you are certain about the violations, you can make a complaint to RBI and the sponsoring bank and then seek such information in larger public interest. As there are struggles in between you and your past employer, be careful in transactions as such employers attribute motives even for RTI information and complain of harassment to IC. RTI from employees (ex) are not being treated kindly by employers.
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  37. Grounds for appeal: It was decided in several CIC decisions that when applicant solicits hard copy , it has to be provided in the form in which it is requested, as many common men are not well versed with such downloading procedure and have such mechanism with them. Even if information is denied with such reason (unknown in RTI Act as a reason for denial), the minimum courtesy is providing such copy of link instead of directing the applicant to go through hundreds of such directives. PRAYER: Please direct CPIO to provide the information as expeditiously as possible free of cost as information was not provided within 30 days, with such reason not stated in Act and when specific clause in RTI Act is that PIO should provide the information in the form in which it is requested.
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  38. You can send simple notice by Registered Ack due yourself to the Registrar with following facts. Notice under CP Act dt..... To......................... ---------------- Take notice of the following facts. 1.This complainant is a successful candidate with Reg. No..............in...............course in the Academic Year................from........................college. 2.This complainant has on....................paid Rs...................as consideration for availing ......................services. 2.As per citizen charter, a time frame was fixed for providing this information within................days. 3.This complainant has not been provided with required documents even after............months and......days and there is a deficiency of service. Please take notice that this complainant has to file a complaint at appropriate forum seeking such documents, compensation, expenss etc., for the harassment by university and for their deficiency of services, if the documents are not provided within 30 days from receipt of this notice. Complainant Full address.
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  39. During First Appeal Hearing, you can not raise any fresh grounds - Adhere to the Grounds submitted in the First Appeal and establish larger public interest as to how the Temple in the name of lottery has collected such amounts from public. Conducting a lottery is a commercial activity and not connected with devotional aspect.
    2 likes
  40. Congratulations for the perseverance. Hope this may not end here.
    2 likes
  41. According to my knowledge, if your allegations are true, making a complaint with full details to the Ministry of education and in the grievance portal will be more helpful. However you must have a record of facts before making a complaint and you can file RTI Application to Director of College Education or to the concerned University with which it is affiliated. Follow RTI rules applicable to your state in format and fees. (You can search any Govt website for that RTI Application format and mode of remitting RTI fee of Rs.10/-. You can seek information as follows. Information solicited: 1)Please provide the certified copy of documents of that land in which..................constructions were going on. 2)If it belongs to another dept., please provide such copy of permission/approval obtained by them that they will not claim their land in which permanent erections are being made now. 3.Please inform the reasons and provide that copy of resolution through which the contract was given to outside agency, ignoring the competency of PWD who are experts in the field with State GOvt. Support. 4.Please inform the source of funds and the rules that permit to spend such amount for these constructions at.................... 5.Please inform the laid down policy followed for inviting bids/tenders/allocating the work for these works entrusted to...................and the quality assurance for their works with their experience in similar works.
    2 likes
  42. एक अन्य आरटीआई आवेदन दाखिल करें और एसपीआईओ से जानकारी लें कि किन नियमों / खंडों के तहत एसपीआईओ ने 1.1.Kg वजन दस्तावेजों के लिए डाक शुल्क की मांग की है।
    2 likes
  43. The experts always advised to pay any formal fee demanded if focus is on information, and getting information is itself a great success under RTI. After all we are compensating our government some of their actual expenses on information essential for us Please pay and get the information as the demanded amount is not substantial. If you think that amount is substantial, go for inspection, select copies and take personal delivery of documents.
    2 likes
  44. Send E mail with details to that organisation and seek such result by mail followed by RTI Application as per prescribed format and applicable fees as stated in their website. (All this if public authority failed to upload such results as it is obligation on their party.)
    2 likes
  45. Always file application through hard copy by Registered post direct to the Authority, if you are not aware of the custodian of information. Go through rules, affix adhesive court fee stamp for Rs.10/- and file application in prescribed format.
    2 likes
  46. When there is a problem, by bringing attention to several authorities with ultimate focus to get information we address such letters. The following was the guidance and no advice was given to file grievance in consumer affairs pgrms portal. (as temple management may not be well versed, they my blur out is the hope) "You can also explore possibility of issuing notice under CP Act to temple and file a complaint against temple management for deficiency of service is not providing the valid information."
    2 likes
  47. The grounds for appeal duly numbered as i to vi and prayer was incorporated in the earlier reply. In CP Act, there are two important issues involved. 1.You have to pay some kind of fee, consideration for availing a service/purchase a product. and must have promised or paid that consideration to opposite party. 2.The opposite party after receiving such consideration must have failed to perform his part of obligation that amounts to either negligence or deficiency of service and thus the complainant was deprived of the service assured by OP. 3.Then one has to approach to District forum stating as to what service was expected by complainant, what are the services provided generally by OP, what and when consideration was paid, how and when the OP failed to perform his obligation (deficiency of service), when a notice was issued showing such deficiency to OP, what was the reply by OP and what was required as remedy from OP by complainant. In a forum dedicated to RTI, members are not supposed to expect secretarial services pertaining to all acts but has to expect only precise guidance. Please do not quote all the replies as you are consuming most of the space for simple reply through the quotes. The reply at the maximum should be in three or four meaningful sentences and it is not possible to write essays and make it a booklet. Respect members time and levels of their patience.
    2 likes
  48. You have solicited following information from a Small savings a Public authority. "Please provide the certified copies of the following documents related to the loterries as per copy of lottery ticket submitted here Documents related to general administration, Organisational Structure, Rules, etc Sale of tickets, unsold tickets, Printing of tickets, Distribution of tickets, Prize structure, Lottery Draws, Publication of results, Prize and Agents Prize distribution, Income tax, Revenue collection, Profit and Loss details, Unclaimed Prizes,. The Director of Small savings and lotteries are not the custodian of the information pertaining to temple, and treating that the information may be available with such Mamalatdar, they have rightly transferred to him. Grounds for Appeal: i)The fact to be determined in this issue is "Who is the custodian of that information" ? ii)Mamalatdar has not stated that information is not available with him but stated that Temple is not a public authority, when the RTI Application was not made to the temple but Mamlatdar. iii)If the application is made to temple directly, then they can ignore the application stating that they are not public authority. iv)But in this case, Mamalat dar is denying information stating that Temple is not a public authority, ignoring the fact of the custodian of the so called information and not stated that the information is not available with him but stated that Temple is not a public authority. v)Even when temple is not a public authority, that information available with any Public Authority regarding such temple are Public record with that public authority. A document filed and in custody of a public authority in performing of their functions is a public document. vi)Hence the denial of information stating that temple is not a public authority is not proper, when that information is not stated as not available with him as public record. Mamalatdar must provide all the information on temple available with him as public record though it belongs to a private citizen or non public entity. Prayer: Please direct Mamalatdar to permit inspection of entire documents related first and then for providing certified copies of such temple documents available in his custody as public document. Go for First Appeal on the above grounds to FAA over Mamalatdar (He has not provided FAA details which are mandatory, include this also as grounds for first appeal) You can also explore possibility of issuing notice under CP Act to temple and file a complaint against temple management for deficiency of service is not providing the valid information.
    2 likes
  49. The first step before making application is to read the website of that Public authority a)to Locate correct PIO b)format of application, c)mode of remitting the prescribed fees. Once you search website of MCGM, go through RTI rules and regulations that state every thing as above. Always prefer Court fee stamp of Rs.10/- as RTI fee as this is simple. There is a format application prescribed for Maharashtra and use only prescribed format.
    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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    • 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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