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Showing content with the highest reputation since 08/18/2018 in Posts

  1. 4 points
    Write to him directly and seek all those success stories and stepping stones in his biography. He can definitely respond. Search in google and create a library with all those material.
  2. 4 points
    As per section 4(1)(b)(x) of the RTI Act, even payslips received by a Govt. employee is a public record and not personal information. Please find section 4(1))b)(x) quoted below: You will have to file a first appeal under section 19(1) of the RTI Act with the concerned First Appellate Authority on the following grounds. GROUNDS OF FIRST APPEAL: 1. The following information sought through the RTI application are a public record and nor personal information. 1) Joining date letter as he joined in the year 1981: This is a public record and not personal information. 2) Retirement date and retirement letter This is a public record and not personal information. 5) Last payslip before retirement: This is a public record as per section 4(1)(b)(x) of the RTI Act and not personal information. 6) Last payslip after retirement: This is a public record as per section 4(1)(b)(x) of the RTI Act and not personal information. 2. With respect to point no. (3), (4), (7), (8) and (9) of the RTI application too the PIO needs to disclose the requested information as it is in the larger public interest (establish the grounds of larger public interest ....)
  3. 3 points
    Hearing in First Appeal is not mandatory. In Case No. CIC/AD/A/2013/000875-SA, orderes delivered on 14.6.2014 it is observed that there is not a whisper about hearing by FAA in RTI Act, 2005. There is also no provision under the Act to prescribe procedures with regard to the manner in which FAA has to conduct & decide the First Appeal. It is also mentioned in that Order that it is duty of the FAA to consider written appeal of the Appellant even if he is not present on the date of hearing and decide on the basis of the material available. Even appearance before the Second Appellate Authority i.e. SIC is not mandatory, as per State Information Commissioner(Appeal Rules), 2005 (Section 7 of the R.T.I. Rules) (Central Act 22 of 2005) ..
  4. 3 points
    Sir, Am sharing some relevant files with you as requested. All of them can be quoted. Also sharing with you the draft of the RTI- you can refer to the life and liberty clause as stated below. This is for ready use. Best Regards, Andy Public Information Officers, Please note: If you wish to deny any of the above items or part thereof, please give reasons for such rejection citing the proper subsections of Section 8, 9 or 11. This is required as per Section 7 (8) of RTI Act. Your Kind attention is invited to the following: - 1) Clause 7(1) of the RTI Act wherein it has been clarified that the information concerning life and liberty is to be provided within 48 Hours. 2) Recent decisions of the Central Information Commissioner in following cases wherein the CIC has decided that information on Pension Matters is to be treated as concerning Life & Liberty: a. CIC/BS/A/2016/001238, in case titled Amrika Bai v/o PIO, EPFO, Raipur decided on 30.03.2017 wherein it has been held as under: - Para 9- The moment RTI Application on Pension Issue is received, there should be a mechanism at the entry stage to discover and identify it reflects a pension related grievance/issue and then should act immediately. Para 10 – Not only the CPIO, even the other authorities under RTI Act like the first appeal /second appellate authorities also should dispose such appeals involving pension issues within 48 Hours. Para 16 – The commission also requires as per section 19(8)(a) (I, III, IV) of RTI Act, the public authority to consider pension related information as life and liberty concerned information b. CIC/BS/A/2016/000307, in case titled V. Balaraman v/s PIO, EPFO, Thiruvananthapuram decided on 4.07.2017, wherein the above orders of CIC as at 2 (a) above have been reiterated that the information related to the pension matters must be provided within 48 hours as the same is concerning life and liberty. c. CIC/BS/C/2015/000157, in case titled V. Vaidyanathan v/s PIO, EPFO, Mumbai decided on 17.07.2017, wherein the above orders of CIC as at 2(a) above have again been reiterated that the information relating to Pension matters must be provided within 48 hours as the same is concerning life and liberty. You are therefore, requested to provide duly attested /certified photocopies (see Chapter 1, clause (2) (j) (ii) of the RTI act 2005) of the aforesaid documents on A-4 paper sheets under RTI Act 2005 within 48 Hours as decided by the CIC (see Sr. no. 2 above). 48 Hours Clause can be invoked.pdf 2017-06-28-193000321_Vaidyanathan_V.pdf news letter 4 UPDATED AS ON 3 JULY 2017 BY SECRETARY.pdf Pension_RTI_GBT_3634.pdf Pension_RTI_PK_2962.pdf Show_Cause-307_Balaraman_V.pdf
  5. 3 points
    Please find attached herewith the CIC decision wherein it had ruled as follows: prefixing of why & what doesnt debar applicant from receiving info..pdf
  6. 3 points
    FAA's obligation is to direct his subordinate Public Information Officer suitably to follow such stipulations in RTI Act, if he finds from first appellant has stated any grounds of violation. Information should always be from Public Information officer. You can ask a friend or relative from different station to file RTI Application seeking information as follows: Information solicited: 1.Please provide the copy of office notes/directions that state the reasons for putting on hold the recruitment of Deputy Managers, Assistant Managers (desk top). 2.Please inform whether there is an obligation on public authority to inform developments to the aspiring candidates, without giving scope for each candidate filing individual RTI Applications. 3.Please provide the link if the matter is put on website about suspending such recruitment. 4.Inform further plan of action for recruitment in future if available on record if any.
  7. 3 points
    Unfortunately every citizen is having his own personal matters to be taken care of and hardly have personal time to spend with families at a place like Mumbai. In addition this goondaism and group fights , extortions and threatening are usual. BMC corporators are more powerful than MLAs of other districts. If any citizen is having such time, he should file RTI Application and seek information on full details of unauthorised construction, locational address, present status, action taken, pending in Court and the officials responsible for such negligence in duties. In this forum, I have seen such extra ordinary follow up through RTI and then bringing into logical conclusion through PIL by our esteemed member Mr.Bali and he has contributed more insights into tackling this problem. Because of his vast knowledge, perseverance, he could do that at his personal expenses in Punjab state, but in Mumbai we can never dream of that. Why only Mumbai, it is there in Thane, Kalyan and even in Dombvilli also.
  8. 3 points
    Your drafting is good and even an expert can not suggest better points. Just mention the subject matter with more clarity in one sentence. Complaint dt........................from......................against dy. Registrar, orders Ref....................No....................Implementation status. The queries are more than enough. Congratulations for perseverance in focussing on many issues as required in RTI.
  9. 3 points
    An applicant is not concerned with their internal correspondence, he is concerned only of getting information within the time frame fixed under RTI and he has to focus on further step undeterred by their internal jurisdictional issues.
  10. 3 points
    Description of Information Required: In-accordance with the provision of section 2(j)(i) of the RTI Act, kindly provide me with an inspection of all the documents with respect to the following: (a) (b) (c) Please note that, during the process of aforesaid inspection, I shall select the required information, kindly do provide me with a certified photocopy of such selected information on payment of prescribed fees.
  11. 3 points
    1.Please permit me to inspect the following records pertaining to .....................................................(File notes/documents).and for providing certified copies selected by me under RTI . a b Please propose two convenient dates and provide such permission atleast ten days in advance.
  12. 3 points
    1. Hearing for either First Appeal or second appeal is not mandatory, but experts always advised members to make good use of such hearings as chances of getting information in First Appeal stage or more bright. When the focus is on securing information as expeditiously as possible, the opportunity has to be used without fail. 2. An appellant can depute any representative on his behalf with a simple authorization letter and representative's identity and information about the deputation of representative in writing to FAA have to be made well in advance. 3. Normally, they should suggest two dates and give the option of selection such as date to the appellant. When only a few FAAs provide such opportunity, without postponing further, it is better to avail the opportunity of hearing. 4. The hearing is only for presenting the grounds of dissatisfaction on PIO's response and it is proper to send a representative who is well versed with such grounds and details on the query. Remember, the burden of proof of denying information is only on PIO. The grounds of first appeal were already stated in first appeal, so there is not much to be worried about hearing.
  13. 3 points
    1) Joining date letter as he joined in the year 1981: This is a public record and not personal information. 2) Retirement date and retirement letter This is a public record and not personal information. The following queries are in between employer and employee there is no larger public interest 3) Appraisals he got till now 4) Promotions he got till now 5) Last payslip before retirement 6) Last payslip after retirement 7) List of memos against him 8 ) List of cases against him 9) List of transfers and the reason of a transfer You may go for the First appeal for the first two, and for 3 to 9 establish larger public interest if you want information.. Members can not guarantee you as to whether they are bound to reply, and it has to be decided by IC on such grounds stated by the appellant in the second appeal in establishing larger public interest.
  14. 3 points
    There is a mistake on your part. Time and again, experts advised to record the entire proceedings as Minutes and give it to FAA and PIO duly signed. If PIO has really provided that letter, he might have marked and written to FAA immediately after receiving the first appeal. He should have at least communicated to the appellant. There are flaws in every step. The designation of PIO is different and FAA must be superior in authority over PIO and designated as such. There was never a practice of signature of PIO for FAA. Again FAA can only deliver his orders and can not force any appellant to sign any document when the appellant reported non-receipt. At least the copy was not given. Coming to FAA orders, the orders are defective. Information can be denied only on stating such exemption in RTI Act Sec.8 and subsection and with proper justification for applying that section. The reason for rejection is stated as follows: "That daily status and action taken of an application cannot be supplied through RTI . " There was never any such exemption in RTI Act as stated by PIO and FAA. Ask through separate RTI application to SPIO and seek information as follows: 1. Please provide me a copy of the letter that stated that information was denied tat daily status and action taken of an application cannot be supplied through RTI . " with a copy of such entry in outward despatch letter that mentions details. As the SPIO response is essential for submitting the second appeal and such letter was never received by the Appellant. 2. Please provide me the copy of that section or subsection in RTI Act that exempts and states that "That daily status and action taken of an application cannot be supplied through RTI . " The second Appeal can be filed within 90 days from receipt of FAA. To prepare grounds for the second appeal, get this information also so that you can simply state only simple ground for the second appeal to SIC as follows: _____________________________________________________________________________________________ Grounds for Appeal: SPIO has said to have rejected to provide information stating as follows: 'That daily status and action taken of an application cannot be supplied through RTI ." FAA has agreed with PIO. Appellant has neither received such letter nor there is no such stipulation exempting such information under RTI in Sec.8 or Sec.9 of RTI Act. SPIO can only deny information stating such Section and subsection with proper justification. In this case, PIO has neither quoted such exemption section/subsection nor offered any justification. Hence the information denial is treated as deliberate and malafide. PIO was asked to provide such Section and subsection in which there is such exemption and PIO has responded as follows ( or Not responded) PRAYER: Appellant prays for directions to SPIO and to FAA also (as SPIO has signed for FAA) to provide the information as expeditiously as possible free of cost as denial is deliberate and malafide.
  15. 3 points
    The confusion comes due to lack of understanding of RTI Act before filing an application. Read in your mother tongue Sec.7 (1) For general information, the period is for 30 days.Sec.7 (1) First para. For information on Life or Liberty of a person --48 hours.Sec.7 (1) second para. Your issue of Ration card comes under Life or Liberty as per CIC decisions earlier, hence PIO must respond within 48 hours from date of receipt. Ask your friend to look at CIC decisions and advise him to learn more before giving guidance to others.
  16. 3 points
    This is the most horrible and serious affair, and I hope that any of our members from Krishnagiri may respond and extend his helping hand to an 82-year-old lady who has to travel from Bangalore to Krishnagiri for routine matters. Denying such funeral expenses even after six months defeats the very purpose of introducing such welfare step. To Member/ Immediately file RTI Application to State Public Information Officer, Treasury dept, Krishnagiri seeking information under Life or Liberty clause as follows: Information solicited: 1)Please provide me the copy of laid down norms/orders/circulars on the process to be followed for disbursing dependant/nominee pension on the death of real pensioner (pending pension) and 2.The laid down procedure for payment of compassionate amount towards rituals to the dependant. (There is a prescribed format of application for TN and you can find out from the website of District Treasury, Krishnanagar or any TN State dept website and pay RTI fees of Rs.10/- as per the mode prescribed in RTI rules stated in the website (They are simple ) SPIO , District Treasury has to respond within 48 hours from receipt. Wait for a week and file the first appeal before FAA, wait another week for FAA response and immediately after ten days of making the first appeal make the second appeal to State Information Commission, TN under Life or Liberty clause and for Priority in hearing as a Senior citizen. (Invariably enclose AADHAR copy that shows your age in all your correspondence as Xerox on RTi Correspondence itself) 2. Make a Uniform format of the facts above in the form of petition and send your story of grievance changing the address to various authorities with same contents. (You can also use online grievance procedure in TN and save costs and time) 1.District Collector, KRISHNAGIRI 2.Director, Treasuries Chennai 3.Chief Minister, CHENNAI.. 4.Education Minister Chennai. (They have an Act for redressal of grievances (Citizen Charter) wherein they have a fixed time frame for attending each service and in case of delay the concerned official has to pay a penalty Wait for a month AND THEN ISSUE LEGAL NOTICE TO CONCERNED TREASURY OFFICER FOR MISFEASANCE OF PUBLIC AUTHORITY AND YOU CAN LATER FILE A WRIT CLAIMING ALL LEGITIMATE DUES, COSTS, EXPENSES AND COMPENSATION FOR HARASSMENT.
  17. 3 points
    High Court rules framed before RTI Act came into existence and they have laid down procedure for obtaining certified copies and not under RTI, they should prevail. The guidance was given where there were no rules framed for providing certified copy before enactment of RTI. Indian Evidence Act stipulates for obtaining certified copy from all public authorities.
  18. 3 points
    You can seek such information from NCTE by filing RTI Application on line. Please solicit information as follows: Information solicited: 1.Please provide me approval No. give by NCTE for the course of B.Ed at Jyoti Sriranga sai college at.......................in ......................district of andhrapradesh.
  19. 3 points
    When members post a query, bare minimum details are required. What is this "Commencement Certificate" and what is the context and the public authority that denied that information are fundamentals. You can not get judgment/decision for each and every document. Any information not exempted under Sec.8 (1) RTI Act is to be disclosed. The burden of proof that those documents are personal in nature rests on PIO. Mere quoting a section and denying information amounts to malafide and deliberate denial of information. It is the statutory obligation of PIO to justify as to how the mandatory documents filed before a Public authority amounts to personal information and what personal information is stated in those documents. (The documents submitted must be an estimate, a blue print, certificate from Architect and all documents in larger public interest for safety of building and following laid down norms for getting sanctions) Documents submitted for commencement of certificate can never be personal information as those are mandatory documents required as per procedure for obaining a legitimate commencement certificate. The objective of RTI on Transparency and accountability is the issue involved. Go for first appeal or second appeal as per the present status of denial. (Do not think that by producing a CIC decision or judgment, PIO applies his mind. After 12 years of enactment, if PIO is rejecting that information appears as strange, as it appears either he must be new, and is not in the habit of turning the page and learning the work or no one has applied for such documents for commencement certificate in these twelve years)
  20. 3 points
    Prasad GLN

    CBI

    Please file complaints to Central Vigilance Commission on line as expeditiously as possible. It does not involve single rupee cost and you can ask them to keep your name as confidential as whistle blower also, if you file them through traditional post. Please follow directions given in CVC website for whistle blower complaints.
  21. 3 points
    First issue a legal notice to CIC narrating in detail every order, letter of correspondence and inform them that you have left with no alternative than to file writ for misfeasance of public authority seeking directions in the form of mandamus. Invariably mark this to Chief ic, and also Transparency officers of SBI and CIC. In the writ your efforts must be reflected and non payment of pension is a serious violation and forms under Life or liberty clause. A very rare case where Associations that might have failed to get pension of retired official. I do not know what member can do with that RTI information whereas focus should be on final remedy of getting pension and huge compensation which is alone possible through writ.
  22. 3 points
    Please search in website of any PSU Gas/Oil Company and they have uploaded all such terms and conditiosn for appointment of dealership. Find it out yourself. I have come across instances of one family having more than 20 agencies in the past before this uniform guidelines. They know the tricks and PSU officials guide them how to violate the law and still get protected on such violations, as they are experts.
  23. 2 points
    1.A PIO is expected to provide that information available in material form that is in his custody. Once it is uploaded, it is not in custody of the PIO and in public domain. In view of this, experts in the forum advised members to seek such information in the form of certified copies. 2.For you there are two options. a)File fresh application and seek such information in the form of certified copies, so that PIO can himself check whether it is in public domain or not. b)after receiving such information file first appeal on first RTI, that PIO has provided misleading information that the information is uploaded in website though it is not available. 3.Or go for first appeal, seek first hearing in person, and let PIO present that information downloaded from website of the FAA's office himself. (If you have smart phone, do carry that with another hard copy of that information which is uploaded in website without information solicited by you.
  24. 2 points
    Namaskaram Prasad Ji. Thank you for answering the original question pertaining to RTI. Also thank you for your valuable inputs. What you say makes complete sense and it esp. when you say that “After all the errant officials are your own colleagues and might committed mistake without expecting any unlawful gain. Live and let live and focus on your issue”. The first step when a mistake is committed is to own it up. “To maintain a fault known is a double fault.” A genuine and inadvertent error can be condoned on compassionate grounds provided when such an error is brought to light, genuine intent is displayed to rectify the issue and contain the damage. Not otherwise. The perspective that you have given is a valid one and finds resonance within me. It also gives me strength to file a detailed response so that the details of the case are known esp. to those who are in a similar situation. Please allow such a response. This is a Pension Recovery Case, the rules governing the Pension Disbursal and Recovery are very well codified. “If a payment is made over and above eligibility, any one is having such rights to recover the amount paid by mistake”. It is not illegal. My comment: Pension cannot be equated as Payment. Earlier the right to Pension was a fundamental right and also a property right. When property right was repealed as a fundamental right by the 44th Amendment, It became a Constitutional Right protected under Article 300 A enforceable by law. “Recovering the amount paid by mistake is not illegal”- true; However, Recovering Pension Overpayment amount after continually making overpayment beyond 5 years is in direct contravention to several supreme court judgements and is not legally tenable. More so, in every case, due process of law must be followed. Recovery cannot be made arbitrarily. Pension overpayment and an overpayment by cashier may appear similar in terms of human behaviour- but it isn’t. These two scenarios are completely different. Cash overpayment on counter can purely be an inadvertent human error – but pension disbursal is a highly controlled well-defined process with multiple checks and balances. The probability of making such overpayment is highly minimized if correct inputs (such as: Date of retirement, Date of birth, PPO Number, DA, years of service, commuted amount etc) are fed in the process; Bank has every right to induce pressure in case of un-intended benefits accrued by such a mistake to any beneficiary. However, if you find a Pension overpayment that has happened for over 5 years, you will almost always find that either the Bank or the Pension Sanctioning Authority has overlooked and has been non-compliant to the well-defined sacrosanct procedures that are mandatorily to be followed. In such cases, it is no longer a case of innocuous human error but of wilful negligence. In our case the bank has completely overlooked the procedures mentioned as per Circular No. 57, Dt. 17, September, 2008, issued by PCDA (P); Specifically, Para 10 of the Circular directs the bank to share every case of pension consolidation done by the bank to the PCDA (P). This was never done. This observation comes from the stakeholders themselves: the CAG & PCDA (P). I have gone through the case reference mentioned: Jammu & Kashmir Bank Ltd vs Attar-Ul-Nissa & Others on 7 October, 1966; this is not applicable in our case. I hope this is the one that you were referring to. Without going into too much technical details here the overall process is: The Banks consolidate the Pension as per circulars issued by PCDA (P) and disburse the amount to the Pensioner. Later the Bank sends the advice of the payment made to the RBI and receives the reimbursement made only by the Central Accounts Section (CAS) of the RBI located at Nagpur. So, let’s say the pension consolidation done by the bank indicates that the pensioner should receive 60,000 as pension amount. If there is a Pension Recovery happening- the bank would deduct 20,000 and disburse 40,000 to the Pensioner. This recovery is as per the RBI authorization. (Refer to the RBI Circular: RBI/2017-18/1 DGBA.GBD.No.-1/31.05.001/2017-18). So, the bank is not recovering from my account once the credit is available. They are deducting the recovery amount at source- pretty much the way the TDS (Tax deduction at source) works. “No one can benefit on mistakes and use it for unlawful gains”- Again in complete agreement with this. What you say is correct. This is the exact question and perspective that has been looked into through several SC Judgements. The Rafiq Masih’s Case words this more cogently: Quote “ Merely on account of the fact, that the release of these monetary benefits was based on a mistaken belief at the hands of the employer, and further, because the employees had no role in the determination of the employer, could it be legally feasible, for the private respondents to assert, that they should be exempted from refunding the excess amount received by them”? Unquote However, as said earlier, this notion and perspective of unlawful gains has been covered many times in several SC judgements. These necessarily have to be mentioned here to dispel the highly over-simplified view of things and would need a detailed response. The SC provisions for such a recovery if it is found within the first 5 years of overpayment. Beyond that, it does not permit such recovery. The Pensioner has never been told about his correct entitlement of Pension; Neither by the PCDA (P) nor by the Bank. There is a complete blatant disregard again by the Bank in issuing of Pension Slips – please refer to RBI letter No. DGBA.GAD. No. H-10975/45.05.031/2006-07 dated January 9, 2007, in this regard. As per this the Pensioner must be issued a Pension Slip so that the Pensioner knows about his correct entitlement. The bank is in possession of these documents but the Pensioner has never been given / made known his correct entitlement. A case can be made stating that the Pensioner ought to make efforts to know the correctness of his Pension. In this case the Bank was asked for the Pension Slips- and it didn’t provide any. So- in such cases, whatever the amount accrued as Pension was taken as the correct entitlement. It can be argued whether such an excess was used for “Unlawful Gains”. However, the lapses and errors of omission and commission done by the bank cannot be ignored or condoned. However, the process of making such recovery cannot be arbitrary. Due process of law must be followed in case of any recovery. All this and more perspectives have been completely though over in several judgments of the Supreme Court in cases of Pension Recovery due to Overpayment. These are:- a) State of Punjab and others Vs. Rafiq Masih reported in 2015 (4) SCC 334 – wherein recoveries by the employers would be impermissible in law where the excess payment has been made for a period in excess of five years, before the order of recovery is issued. The OM issued by DOPT : F.No. 1 8/03/20 1 5-Estt. (Pay-I) has been issued citing this judgement and it clearly states that no recovery from pension can be made in violation of the Judgment of Rafiq Masih b) ShyamBabu Verma Vs. Union of India reported in 1994 SC (2) 521, wherein a three Judge Bench of SC held that no steps should be taken to recover or adjust any excess amount paid to the employees due to the fault of the respondents c) Syed Abdul Qadir and others Vs. State. Of Bihar and others reported in (2009) 3 SCC 475, where in a three Judge Bench of the SC held that the relief against recovery is granted by courts not because of any right in the employees, but in equity, exercising judicial discretion to relieve the employees from the hardship that will be caused if recovery is ordered. d) The DPPI -2013 Instructions (Defence Pension Payment Instructions), section 103.2 issued by PCDA (P), Allahabad clearly prohibits the banks from initiating recovery of overpayment of pensions not detected within 12 months of the date of first erroneous charge without the orders of PCDA(P). Every case of overpayment detected should be reported to the PCDA(Pensions), which in turn shall decide himself or shall obtain orders of the competent authority, Govt. of India as the case may be. It further states that to avoid hardship to the pensioner, payment for the current period, however should be continued to the pensioner at the correct rate admissible. Please note that the Pension Disbursing Bank is just an agent and is under direct instructions by the Pension Sanctioning Authority. It cannot act independently on its own. Some parts of the Rafiq Masih’s Judgement need to be Quoted to give a complete perspective: - “The Pensioner was not guilty of furnishing any incorrect information, which had led the concerned competent authority, to commit the mistake of making the higher payment to the employees. The payment of higher dues to the private respondents, in all these cases, was not on account of any misrepresentation made by them, nor was it on account of any fraud committed by them” – this is true in our case. It further states: “It will be our endeavour, to lay down the parameters of fact situations, wherein employees, who are beneficiaries of wrongful monetary gains at the hands of the employer, may not be compelled to refund the same. In our considered view, the instant benefit cannot extend to an employee merely on account of the fact, that he was not an accessory to the mistake committed by the employer; or merely because the employee did not furnish any factually incorrect information, on the basis whereof the employer committed the mistake of paying the employee more than what was rightfully due to him; or for that matter, merely because the excessive payment was made to the employee, in absence of any fraud or misrepresentation at the behest of the employee”. “ Having examined a number of judgments rendered by this Court, we are of the view, that orders passed by the employer seeking recovery of monetary benefits wrongly extended to employees, can only be interfered with, in cases where such recovery would result in a hardship of a nature, which would far outweigh, the equitable balance of the employer's right to recover. In other words, interference would be called for, only in such cases where, it would be iniquitous to recover the payment made. In order to ascertain the parameters of the above consideration, and the test to be applied, reference needs to be made to situations when this Court exempted employees from such recovery, even in exercise of its jurisdiction under Article 142 of the Constitution of India. Repeated exercise of such power, "for doing complete justice in any cause" would establish that the recovery being effected was iniquitous, and therefore, arbitrary. And accordingly, the interference at the hands of this Court.” “The right to recover being pursued by the employer, will have to be compared, with the effect of the recovery on the concerned employee. If the effect of the recovery from the concerned employee would be, more unfair, more wrongful, more improper, and more unwarranted, than the corresponding right of the employer to recover the amount, then it would be iniquitous and arbitrary, to effect the recovery. In such a situation, the employee's right would outbalance, and therefore eclipse, the right of the employer to recover.” It is not possible to postulate all situations of hardship, which would govern employees on the issue of recovery, where payments have mistakenly been made by the employer, in excess of their entitlement. Be that as it may, based on the decisions referred to herein above, we may, as a ready reference, summarise the following few situations, wherein recoveries by the employers, would be impermissible in law: (i) Recovery from employees belonging to Class-III and Class-IV service (or Group 'C' and Group 'D' service). (ii) Recovery from retired employees, or employees who are due to retire within one year, of the order of recovery. (iii) Recovery from employees, when the excess payment has been made for a period in excess of five years, before the order of recovery is issued. (iv) Recovery in cases where an employee has wrongfully been required to discharge duties of a higher post, and has been paid accordingly, even though he should have rightfully been required to work against an inferior post. (v) In any other case, where the Court arrives at the conclusion, that recovery if made from the employee, would be iniquitous or harsh or arbitrary to such an extent, as would far outweigh the equitable balance of the employer's right to recover. That completes the reference to the Rafiq Masih’s Judgement by Apex Court. Regarding Arbitrariness, as stated earlier- 1. No show cause notice was issued to the pensioner prior to commencing the recovery 2. No order of recovery has been issued by any competent authority. In the end the long detailed response may seem disproportionate keeping in mind the brevity of inputs received from you; However, this case is not an isolated one. This is just a tip of the iceberg. If you think the above response is exaggerated, you can check the report of the Comptroller and Auditor General of India on Disbursement of Defence Pension for the year ended March 2016 (Performance Audit No. 26 of 2017). This Audit Report is submitted to the Presidents Office. It states “Deficiencies in the pension disbursement system: We observed that the transmission errors as well as other mistakes in the banks, which account for nearly 75 per cent of the pension disbursements, had resulted in numerous cases of underpayments and overpayments”. “As per records of the PCDA (P) Allahabad, there were 24, 61,651 defence pensioners as on 01/04/2015, which increased to 25,00,631 on 01/04/2016”. The mathematics can be done! All the documents and references cited above are available in public domain. Apologies, shall restrict further posts on matter pertaining to RTI only. Lest any specific questions are asked pertaining to the background of the case while filing the RTI. Regards, Andy
  25. 2 points
    For the purpose of RTI Act, the Co-operative Societies can be broadly classified into two types: (1) Bodies owned, controlled or substantially financed by a Govt. etc. (i.e. Societies which fall under the definition of public authority as given under section 2 (h) of the RTI Act); and (2) Bodies which do not fall under the definition of section 2 (h) of the RTI Act i.e. Private Bodies. The first type of Co-operative Societies are public authorities and therefore directly covered under the RTI Act; by virtue of section 2(h) of the RTI Act; and The second type of Co-operative Societies are covered indirectly under the RTI Act, by virtue of the definition of section 2(f) of the RTI Act. In other words, both the type of Co-operative Societies are covered under the RTI Act, one directly under section 2(h) and the other indirectly under section 2(f). Please find para 52 from the decision of Hon'ble Supreme Court in Civil Appeal No. 9017 of 2013 quoted below:
  26. 2 points
    Let the answer come from KIC. Apply for such information in prescribed format with such adhesive court fee stamp of Rs.10/- Brief facts. The website of Karnataka Information Commission for proactive disclosure under section 4(1)(b)(x) the site showed the message"The origin server did not find a current representation for the target resource or is not willing to disclose that one exists." Information solicited.1. Is it not mandatory to disclose monthly remuneration of officer/employees of the Commission under RTI as per 4(1)(b)(x). (Voluntary disclosure) 2. Please provide specific exemptions if any to KSIC alone.
  27. 2 points
  28. 2 points
    You have never stated about the incomplete inspection and their orders for completing the inspection on some other day. Unless you get a confirmation in writing about the day, time and contact officer, never visit public authority's office. The security is performing its duty. They have to contact the concerned officer over the phone, prepare a pass with the signature of such officer, mentioning the purpose of the work, duration, etc., and after inspection, the concerned officer has to sign the pass and it should be returned back. You can also register your visit in the Visit book kept at the security gate. When you are in RTI, do not think of saving on postage as personal visits frequently to a public authority is not advisable. You are fortunate. Once I went for inspection to a Ministry at New Delhi after receiving such written permission, the concerned Addl. Secretary left to Dehradun for training. After traveling 32 hours I returned back empty handed and reduced the ordeals in writing, but there is no response from Addl. Secretary. These harassments are usual with Public Sector Oil companies and those officers are located far from the city in outskirts where you do not find transportation and even drinking water. The security personnel permits a citizen only if he is having a valid pass. Focus on information, these are most common.
  29. 2 points
    Attending personal hearing during the first appeal is not mandatory. I am not aware as to how PIO can ask you to appear for personal hearing when you have filed appeal before FAA. You may politely explain the same difficulty in writing by email to FAA and request him to excuse you from personal hearing, and pray for delivering orders supported with such reasons on the basis of record and grounds already stated in the first appeal. You may also file your arguments in writing and request him to consider the same for deciding the appeal. Do not be disturbed by the simple procedure, as personal hearing is not required in appeals under RTI.
  30. 2 points
    Wait for the response for 30 days from receipt of your application by CE-PIO and let them decide as to who is the custodian. If the first PIO mentioned about First Appeal particulars, make a representation to him that both PIOs are passing on the ball game with the citizens and when the officials are not themselves aware of the fact shows the ignorance of their own departmental affairs and throws a bad light on the efficiency of the officers. Request him to direct the relevant PIO to provide the information. Search website of CE for the first appellate authority's name and address.
  31. 2 points
    Members of the forum can not provide authentic information on such query without facts and circumstances. You can file RTI Application to the concerned State Public Information Officer, District Supdt of Police and can seek information. Information solicited: 1)Please provide the copy of manual/orders/ laid down norms for presenting an accused to the court for remand and those steps to be taken for modes of transport, various entries to be made etc.,
  32. 2 points
    When an applicant fails to receive any response of his application seeking information from State Public Information officer, within 30 days from date of receipt of such RTI Application by SPIO, the applicant has to go for First Appeal to superior authority of PIO designated as First Appellate Authority within the same organisation, on grounds of deemed denial. A simple format for guidance is being provided. First Appeal dt.20th Feb,2019 under RTI Act Before: First Appellate Authority, BAU, Agra Against: SPIO, BAU, Agra Appellant: Grounds for Appeal: SPIO has neither provided information nor rejected information for RTI Application of this appellant dt.....till today. As there is no response from SPIO within 30 days of receipt of the application, seeking information as deemed denial this first appeal. PRAYER: Appellant prays for directions to SPIO for providing the information free of cost as expeditiously as possible. Appellant.
  33. 2 points
    Please avoid interrogative form while seeking information. Though that form is accepted still some CPIOs deny information that the queries are in questioning form. Ex: 1. Please inform the process under which GST Council is entertaining the requests for GST Tax reduction on products. 2.Instead of On which basis seek the basis on which 3. Please inform the criterion on Fixing GST at 18% in case of raw materials and a scrap of copper, zinc, brass, iron when these were carrying at 4 and/or 5% rate during VAT. 4. Please inform the pending considerations if any for reduction GST rate on metals and the present status and the period by which they are considered for implementation.
  34. 2 points
    Kindly file another RTI application through your Friend / CA or Architect as the case may be, with the same PIO and this time around download and attach the following CIC decision along with your RTI application: https://ciconline.nic.in/cic_decisions/SM-15102008-06.pdf Also read the blogs on the following links: https://rtiindia.org/blogs/entry/1758-assistance-in-inspection/ http://www.rtiindia.org/forum/blogs/jps50/856-how-inspect-under-rti.html
  35. 2 points
    DEAR ALL, WE HOPE YOU ARE BE HAPPY. MY RTI QUESTION IS HOW GET MY REGISTERED DEED MENTION PURCHASE PLOT OF OCT ION HUKAM COPY.(ATTACH FILE PAGE NO.2) PLOT DETAIL IS BELOW:- PLOT NAME :- OLD PRATHIMIK SCHOOL OCT ION BY:- JILLA PANCHAYAT KACHERI (EDUCATION DEPARTMENT) HUKAM BY :- TALUKA PANCHAYAT KACHERI I FIND HUKAM COPY ALL DEPARTMENT BUT IT'S COPY NOT RECEIVED. SO PLEASE ADVICE ME HOW FILE RTI AND WHICH DEPARTMENT IF POSSIBLE GIVE ME ADDRESS. HERE ALSO WE ATTACH SOME DOCUMENT. REGARD'S NIKHIL
  36. 2 points
    File a RTI application and seek the information the required information. Just ensure that, all your RTI queries point towards seeking photocopy of documents.
  37. 2 points
    The contract of insurance is a contract of utmost good faith. There is the only proposal by the member with an application and first premium. Whether the proposal is to be accepted or not is left to the other party entering into agreement of contract. When the proposal is not accepted, the contract is not complete and they have to refund the money. The contract of insurance is subject to medical examination if ME is not negative, Company has to bear the expenditure. If the proposer fails ME, he has to foot that expenditure and this is common practice even with LIC. (Legal example is Proposal is like a train of Gun powder, and acceptance is like match stick) You can issue a Demand notice under CP Act seeking the specific reason for rejection of term policy and for refunding of the amount with interest. They can not propose for changes and it is left to proposer either to accept it or not and it is the proposer to has to opt for a policy suitable to him. Mere collection of the first premium and asking to undergo ME cannot bind the company. The first premium can not be credited into policy holder account till he succeeds in ME and insurance policy is issued. The contract of insurance is complete only when it is agreed in writing through policy document.
  38. 2 points
    Seeking information under RTI is a time bound procedure, therefore, kindly watch out for the time limits prescribed under the RTI Act. If you have received the FAA reply / order, you are supposed to file a second appeal under section 19(3) within 90 days of the date of receipt of the FAA's Order.
  39. 2 points
    It seems the phone numbers as well as email address of the authority is available, have you tried calling up and speaking to the authority and offering to send the documents through email to the concerned authority who has not been able to open the said documents?
  40. 2 points
    Let us not argue with the authorities and waste precious time. Under RTI, if they say they have not received, try to send a copy to avoid further correspondence. Now that they have given e mail send the copy of grievance application direct to concerned Mr.Saheil Ghosh Roy and also send a Regd. Ack due to his official address with a covering letter stating that as SGR denied of having received the Grievance application, duplicate was submitted through mail and through hard copy by Regd. Post. Mark this as copy to PS and request them to ensure the receipt of Grievance by MHRD as they are denying such transfer. Focus on issue, do not divert your attention from the preliminary problem.
  41. 2 points
    Please share 1)The Exact information you wish to avail from, to expedite the processing, 2)Please provide the name of Public authority with whom the issue is pending. I also request our active members from Chennai to do the needful for helping a really needed practical help.
  42. 2 points
    Please understand the reason they have rejected , when MHRD has not received the grievance (as they say) a citizen can not insist information on which they say that there is no record. Instead of wasting time on First Appeal, lodge the same grievance in MHRD portal now and file RTI Application after one month to same authority.
  43. 2 points
    Madam, Simply read what was stated as guidance. As you have no knowledge, and going to take a course without inquiring into the college bonafides, you have been adviised to seek such recognition/ affiliation from NCTE. Also search in website of the college and seek information from some other asking for the recognition no by NCTE through email for your record. Also find in website of NCTE as they must have uploaded such list of recognised courses and colleges
  44. 2 points
    Report this as grievance to Collector that authorities like sub Registrar, Tehasildar and welfare board failed to provide such circular and request him to provide either link to that uploaded GO and pray for directions to the concerned to provide such copy. Contact Advicate for the possibilities of taking the land on long term lease when outright sale is prohibited as you can never purchase the property--This is your personal issue. Coming to such registration in favour of others (in favour of non SC) you may complain to collector. Avoid friction and do not spoil your peace of mind, when there is no remedy and it is not helping. you. In this forum we follow a discipline and never encourage those things that are not proper legally.
  45. 2 points
    Even if a ruling is there, as information was submitted by third party, PIOs generally follow third party disclosure so as to avoid unnecessary litigation with third party.
  46. 2 points
    You need not track the file . Railwaays budge allocations and announce the projects and budgets well in advance and release adertisements in all news papers. Eacj station is having a commitee for commuters and regular meeting.; Contact any one of them or file RTI Application and seek present status of such Bridges. (it is very difficult to get 100% railway contribution and if state government is prepared to provide land and 50% expenditure it can materialize in one year.
  47. 2 points
    File RTI Application and seek facts from DEO as follow: Information solicited: 1)Please provide copy of laid down norms for getting recognition of a)High schools b) Primary schools. (Requirements / Essential qualifications) 2)Plese provide copy of the procedure involved in recognising such schools after receiving such applications. 3)Please provide copy of steps taken for implementation / enforcement of directives in running such recognised schools on on going basis like periodical inspection etc. 4) Please provide list of schools that do not have such recognition and action taken on each school during last three academic years. 5)Please inform the concerned officer, designation, mobile no, address of the Superior Officer that implements the given directions, and competent to take action against such school management. 6)Please provide measures taken against such schools against charging of high fees, without amenities as per laid down policy, running with untrained / not qualified faculty. Then select some schools and file complaint against those schools pointing out violations to competent authority and follow up through RTI on action taken for your complaint. NB:It is left to parents / students to select such schools and when they are willingly selected such schools in preference to Govt. schools, no one can help them. There is a misapprehension that those who studied in such convents / public schools study well and advance in career, though it is partly true and much performance depends on student and parents whether it is Govt school or Private school.
  48. 2 points
    The experts in the forum always are for filing RTI applications and appeals only through traditional speed / Regd posts. Appellant can not raise fresh issues not discussed during Grounds of First appeal before FAA. Make submissions as grounds for appeal as incomplete, incorrect and misleading information, seek personal hearing and for a speaking order. Getting of second appeal hearing takes years together, and the experts are always to settle the matter during first appeal only. There is no bar in submitting appeals on line or directly through post.
  49. 2 points
    Let us not make comparisons as expenses depend on various considerations. Compare this with past Govt expenditure. I personally feel that still most of the very good schemes ad'vertised by Government is still not known to even educated persons and advertisement purpose is not for publicity alone, to publicise those schemes that are helpful to common man. Comparing this publicity for sake of reaching to common man should not be compared by a natural calamity when central govt strictly stated that it is immediate assistance and further assistance can be sought on estimation of loss. The central government assistance through Navy and Army can not be converted to money. If you calculate such expenditure the expenditure exceeeds Rs.1000 crores.
  50. 2 points
    Let us no forget the yeomen services of Hon.CJ Karira who has posted more than 43,000/- posts, and though he is not visiting forum, he got maximum likes and some one try whether he can be nominated for Limca Records, as no one can even dream of getting any where near him. But for his personal interest and love to the forum, the forum certainly might have not been in this position. The last year was rough with attack of some pests (in the words of Hon CJK) there are difference of opinions among team members, but the differences are only in genuine related matters and never reflected in personal relations. None of the team members might have not seen each other or talked to each other but still the bonds are so strong, and every one respects the other without any bad feelings. There was an excellent contribution by Madam O. Raveena, as she was handling the entire moderation single handedly in 99%of posts last year, and it is the confidence that she is there moderating, others commenced replying, and like a Principal she has brought in discipline in the forum. I still remember the hard work Hon CJK and Madam O. Raveena's hard work, during spam attacks several times, the thread merging, personal criticism by some etc. Because of such dedication, sincerity and commitment the portal is prospering and when I joined the forum, I though the life might be just one or two years as RTI is a small act. When compared with views on twitters, the forum is receiving more visitors every day. Let us all maintain the same tempo.
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