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Popular Content

Showing most liked content since 07/10/2019 in all areas

  1. 4 likes
    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
  2. 3 likes
    A citizen should seek information available in material form as record from that authority with whom that record is available. You know where the panchnama is available as record. You have to file RTI Application in hard copy mode as per laid down rules and regulations of your state to that Public Information Officer, in whose office Panchanam is available and you will certainly get the same under RTI. It appears that you have filed on line RTI application to Central Government RTI portal and it is not to be used for seeking information from state government departments .
  3. 3 likes
    RTI is mainly about seeking certified photocopies of the documents. Just frame queries such that it points towards documents. For instance, please provide me a certified photocopy of the documents wherein has been noted specific details of liabilities of my project mentioned in the NDC form.
  4. 3 likes
    Please upload CIC decision and post the story as success story. After terrific gas leakage at Vizag, these kind of Larger public interest applications brings into light the deficiencies of the units much early. You are a lay man, and you should be accompanied by an expert of some voluntary organisation and the report you submit to them MPT may bring several safety violations . Search on line for such expert in any voluntary organisation.
  5. 3 likes
    The PIO has cited the exemption of section 24(4) for denying the information requested by you. Please peruse the provision of section 24(4), the same is reproduced below: As you can see, your best chances of getting the information is, if you can show that the information sought by you pertains either to (1) allegation of corruption or (2) violation of human rights. It seems that, in the facts of your case, the information sought by you may possibly fall under the category of 'violation of human rights'. If that is the case, then you may file a first appeal before the concerned First Appellate Authority on the ground of violation of human rights, however, please note that the second proviso to section 24(4) provides that in such cases the power to disclose information lies with the State Information Commission.
  6. 3 likes
    Just be polite and formal like a professional. Download the blog on inspection by JP Shah and carry it in the form of hard copy and take usual precautions . Search in website for Hon'ble Sailesh decision in our forum, wherein in CIC decision he ruled that PIO has to provide the information as on record, irrespective of the type of query. Write a thanks letter, seek for specific appointment date, timings, officers to be contacted and provide him the list of files you wish to inspect. Wait for their call and attend inspection atleast before 15 minutes to the given time. Never argue, do not show ego or knowledge, just focus on information required by you.
  7. 3 likes
    Focus on what an appellant can do and forget these routine highhandedness of ICs. Because it is the first time, you might have felt bad, and this is usual and most of the ICs are biased. If you wanted real remedy, take the lead and file writ after receiving decision. Sitting or standing is not important, even some persons were are imprisoned on false charges for seeking information under RTI as public authorities are having such power. Getting information is the only priority, focus on that, ignore others as some persons are having attitude, power, arrogance issues and just pity them for lack of minimum decency towards a citizen that has taken up larger public interest sacrificing his time and money.
  8. 3 likes
    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.
  9. 3 likes
    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) ..
  10. 3 likes
    dear friends. with the help and support of many of you,I could ensure a due pension to around 3200 ex Indian Naval sailors. Around 100 RTI applications,40 first appeals and 5 second appeals,during the period since 2012. I could dig out copies of orders of the GOI as old as 1976. Finally all these materials were used for our legal fight before the honorable supreme court. Even though,the SC had given a favorable judgment in 2016,the actual payment of pension has started only in 2019. The concerned authorities had diluted the SC orders in this regards, and not paid the due entitlements fully and the case is still going on. But all this we could achieve,only because of the RTI Act,and the numerous rti applications from time to time. This forum has helped me in clearing my doubts from time to time. I was lucky enough to get associated with this forum almost from the beginning. Thanks to all for providing a wonderful platform for a great cause.
  11. 3 likes
    In younger age, everything appears beautiful either a child or new articles. In 2017, none of the members remembered the forum and the Anniversary passed silently without any wishes or celebrations. It is only time that erases the memory. But in short span, most of the experts stored huge information that will be useful for another decade. Though they do not visit regularly, their past contribution still helps every member. The success and rejoice of the forum is not confined to a single day, and every day someone should be benefitted by the forum. Every day is for celebration if members succeed through their learning and guidance..
  12. 2 likes
    One of our members tried to expose a fraud in Syndicate Bank , Nellore , AP and sought guidance in the forum in several queries. Thereafter never visited the forum. It was learnt from today's news paper that finally he could establish fraud prima facie and CBI has commenced investigation. The member should have atleast posted success story though he may not acknowledge support.
  13. 2 likes
    Make a complaint to State Information Commission, establish that temple as Public authority stating all such requisites and major contributions by Government. Get that appeal decision and study before once again going to IC.
  14. 2 likes
    File a first appeal on the following ground: Grounds of First Appeal: 1. As per section 4(1)(b)(x) a public authority is supposed to suo-motu publish the following information: (x) the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations; Thus, the PIO has disposed of my RTI application in violation of the provision of section 4(1)(b)(x). By the way, because of judgment of the Hon'ble Supreme Court in Girish Ramchandra Deshpande's case most the information that you have sought may be denied u/s. 8(1)(j) i.e. personal information ground. Nevertheless, you can cite section 4(1)(b)(x) and try and get some of this information.
  15. 2 likes
    "This route" words used by you presumed as RTI. Your impression may be correct or may not be correct as every thing depends on perseverance. Every route is directed to one destination. RTI is a road/journey to destination and never a destination..
  16. 2 likes
    Relevant para: Decision of the Commission Any person (even non advocate) can appear on behalf of information seeker Appearance has to be authorised by the Commission Person appearing can charge consideration for his/her appearance PIO can be represented by Advocate Any party can be represented by an Advocate Coming to practice many High Courts appointed a permanent counsel before Information commissions (State/Central) and they handle each and every case pertaining to any court in the state. In case of CIC, in some cases two advocates represent one for PIO and another FAA of High court. Those senior counsels appoint junior most and he spends entire time at ICs office and manage their affairs. One can understand the time and expenses involved as it takes minimum two days for any CPIO attending to CIC, but CPIO not personally attending the cases is not proper implementation of RTI. The attendance is a routine matter and there is no such thing as authorisation. Infact no one verifies even such letters.
  17. 2 likes
    Guide to drafting a good RTI application Drafting a good RTI application can be as easy as writing a simple leave letter. As long as the applicant knows the basics of the RTI Act 2005, drafting an application, requesting for information from any public authority, is little more than child’s play. 1. Pre-requisites: Your full name and address have to mentioned in the application. If you so wish, you can also mention your telephone number and email id, although this is optional. Have ready information about the Public Information Officer (PIO), his designation, address etc. In case you have problems locating your PIO/APIO you can address your RTI application to the PIO C/o Head of Department and send it to the concerned Public Authority with the requisite application fee. The Head of Department will have to forward your application to the concerned PIO. Do not address your RTI application to the PIO by his name, just in case he gets transferred or a new PIO is designated in his place. 2. Preparing to draft an RTI application: a) Carefully read Sections 2(f), 2(i) and 2(j) of the RTI Act, which defines the “information”, “record” and “right to information”. Your request for information should contain as many words as possible form these three basic definitions. b) Read the relevant RTI Rules (either for the Centre, State or Courts) which are applicable to the public authority from whom you seek information. These rules will indicate the quantum of fees, the mode of payment of fees, any special application format to be followed, etc. Follow these RTI rules to the letter “T”. c) Remember to always use a white sheet of paper to write an application. Use of note sheet or the Court stamp paper should be avoided. Use of letterhead for asking information can also be made. However, avoid using your official designation or title and simple sign with your name. The RTI application can be either written by hand or typed. There is no compulsion of typing the content. The application should be easy to read and well legible. 3. Why do you need the information? First, ask yourself why you need the information ? Unless you have an answer to this question, there is no point in requesting for the information in the first place. What is the issue you are facing? What information needs to be asked to help in getting the issue resolved? A good indication is the preamble of the RTI Act which states that three main objectives of the Act are: Increase Transparency in the functioning of the Government Hold the Government accountable for its actions or inaction Reduce corruption If your application seeks information which covers these objectives, then there is little chance of it being rejected. 4. What will you do with the “information”, once you get it ? Now that you know why you need the information, you need to also decide what will you do with the information, once you get it. Are you going to get it published in the media, will you use it in a court case, is it for furthering your case in your office, is it to get some wrong corrected? The answers to these questions will help you decide what exact information to ask for as well as in what form to request the information. For example, if you want to use the documents obtained under RTI in a court case, it is advisable to ask for “certified copies”. If you want to give media coverage to a particular issue, then you must ask for information on a current issue of larger public interest. 5. Ask for only “information” ! Try to draft an RTI application that DOES NOT disclose the overall nature of the problem in your mind. It MUST NOT give a glimpse of what you intend to do with the requested information e.g. register police complaints, approach investigating agencies, file a PIL etc. Also, your RTI application MUST NOT indicate how badly you want the information, and therefore, please don’t mention anything such as When you write an RTI application, you must try to gain only information i.e. copies of relevant records and documents, you must not try to gain sympathy, respect etc. Your application should look like a shopping-list of documents. Name documents that you are requesting by using words from Sec 2(f) and Sec 4(1)(b) of the RTI Act – reports, logbooks, emails, advices, rules, regulations, manuals etc. Only after exhausting these should you use other similar names e.g. quality audit reports, correspondence etc. In case this information is denied, the similarity of wording will help you to convince appellate authorities that your requested information is “records” and “information” that must be mandatorily given. There is absolutely no need to give any background, reasons, etc. for seeking information. Don’t make your application sound like a letter of complaint or a letter-to-the-editor. Don’t preface it with a covering letter or an introductory paragraph. RTI applications should be emotionless and bland. No Ramayana, no Mahabharat – just ask for “information” – plain and simple. 6. Be specific in asking for “information” and avoid vague expressions and requests: While filing an RTI application, the framing of the questions is very important. A slight misunderstanding or vague questions gives the PIO a chance to reject your application. Avoid vague expressions and requests such as: Why did I not get my Ration card? What is the present status of issue of my Ration card? Give me .action-taken report Words like “status” and “action” are open to interpretation, and usually, fail to point towards any particular document; they can mean different things to different persons like applicant, PIO, APIO and appellate authorities. In most cases, there is no such document called “action-taken report” in existence, and therefore, the PIO cannot be rightly asked under RTI to generate such a document in reply to your application; PIO can only be asked to give you copy of a document that exists. The right way is to ask for signed and stamped copy of all correspondence till date in the matter of your complaint, including memos, emails, covering letters for forwarding your complaint etc. Ask for copy of logbook or any other book where details of your complaint are entered, marked to specific officers for their investigation and action. Ask for a copy of all their remarks, feedback, reports etc. If the case on your complaint is closed, ask for the closing remarks of the officer concerned. Give particulars of the project to build XYZ. What “particulars” do you want? Engineering drawings? Budgets? Financial projections? Feasibility reports? Consultants’ studies? This is not clear. Don’t leave it to the PIO to decide what documents to include and what to leave out. Be specific and name the documents that you want copied. Make it difficult for the PIO to loosely interpret your request. Similarly, do not ask information about a future event – like By what date will my passport be delivered? The PIO is not an astrologer to predict the date of delivery of your passport. But do not be the jockey of a journalist to solicit opinion, advice or action on an issue. RTI is not meant for hypothetical or subjective questions. Your query may end up being disqualified. 7. How long should your RTI application be ? Do not make your application very long. The Central Government has set a 500 word limit for each application. Some state governments and legislatures have set a limit of only 150 words and ONE subject matter per application. Ideally your RTI application should not be more than one A4 size paper sheet – after all your objective is to get “information” and not to test the PIO in collecting maximum information in the shortest possible time ! If you put three related queries in one application, you may get answers to all of them. If you pack thirty queries instead, chances are slim that you will get satisfactory information on any. Put yourselves in the shoes of the Public Information Officer (PIO); what would you do if you saw a lengthy RTI application that asks endless questions and supplementary questions? If I were the PIO, I would endlessly postpone looking at the application, and then go out of my way to justify the delay or denial. Wouldn’t you? Think that you are a PIO, and then think about how to draft an RTI application that you would like to give a reply to without any delay. A single lengthy application may scare and overwhelm the PIO, and tempt him to throw it into his drawer. He will hesitate and postpone searching for the information. Instead, send a small, manageable RTI application with only 3-4 questions. Then, after you receive a reply to that, send another one… and another. Or maybe, many applicants can file small applications seeking related information, at the same time. 8. Specify the period for which information is sought Don’t be over-ambitious. For an RTI applicant, it is very easy to write a question like, “Give copies of all licenses issued from January 1981 till date” or “provide a list of all vehicles registered in your RTO since 1990”. For the PIO, this means searching 25 or 30 years of files and records. Older files may have been put into basements or buried under tons of old dusty files. Therefore, please ask yourself whether you REALLY need data that is so old, or whether you are just trying to satisfy an academic curiosity. Don’t request 30 years data if five years data will suffice for your purposes. Don’t ask for five years data if six months data is sufficient. 9. Ascertain if the information is already available: Before shooting off your RTI application ascertain if the information you are seeking is already available in the public domain. After the advent of the RTI Act, many public authorities have already uploaded mountains of information on their website. Search for the information on the internet – even if the information you seek might not be available on the public authority’s website, it might be available elsewhere. Some other RTI activist might have asked for the same information and released it to the media. Do a thorough search before drafting your RTI application. 10. Exhaust all possible means of grievance redressal before using RTI: If there is a pending issue or a grievance for which you want to use RTI, first exhaust all possible means of redressing that grievance by already available means, like reminder letters, letters to the head of the public authority, public grievance portals, etc. Only if you have exhausted all means of grievance redressal, use RTI as the last resort. Some Government departments have indicated fixed time limits for certain issues in their respective citizen charters. For example, the if the Income Tax department states that it takes 9 months from the end of the financial year to refund your excess tax, then obviously there is no point in filing a RTI application before that time limit. 11. General: Never draft an RTI application when you are in an angry, revengeful or even a bad mood. Such applications are bound to fail. Relax, get back to normal and then only pick up a paper and pen to prepare your first application draft. After you have written down your first draft of RTI application (or complaint or anything else), let it cool down in your drawer for a couple of days. Then take a re-look and think about making improvements. Ask a friend or colleague to have a look and give you suggestions. Can the friend understand what are you asking for ? Does he find it easy to understand? There is no harm in redrafting the application several times before you get to the final version. Seek help and guidance from RTI activists and experts, who will guide you to draft a correct application. Many websites on the internet also guide RTI applicants during the RTI process. All such guidance is free, so why not make maximum use of it ?
  18. 2 likes
    This appears as a private civil complaint with your neighbour. RTI Act shows the way for obtaining information available in the form of material record with public authority and provides that information to citizens if it is not exempted under Sec. It appears to me that your query is beyond ambit of RTI Act and only local advocate can provide a remedy for your problem.
  19. 2 likes
    Under RTI Act the only right a citizen is having is for information that is not exempted alone and for further appeals under RTI. Imposing penalty against CPIO is absolute discretion of the Information Commissioner, a citizen has no right to demand for such penalty. If the problem is with information writ is the final remedy against IC decision. If for imposing penalty, HC may consider it but HC can not take any action against IC. Waiting since 14 years for correct interpretation of the penalty clause and if some one gets that imposing penalty for violation is mandatory to impose penalty, the enactment of RTI is most successful. No court accepts suits on decisions/orders under RTI and all officials are immune under RTI for their legitimate actions taken in good faith.
  20. 2 likes
    You have raised the same issue of stadium/gym several months back, and you have already raised the issue under RTI and was told that gym equipment is not ready and not in full fledged etc., If you want you can file another RTI seeking information as follows: Information solicited: 1.Please inform the projected date of functioning of .............after the work has been completed. 2.Please inform the pending construction and other works associated with the commencement. 3.Please inform specific reasons for delay on record. 4.Please provide the proposed action within a time frame recorded. 5.Please provide the Minutes of....................in which these pending problems were discussed and the directions of higher authorities.
  21. 2 likes
    As repeatedly stated by experts/moderators in this forum, RTI is not a problem solving, or redressal of grievances process. One can get only information and it all depends on the applicant as to how he uses such information to get a logical end for the actual problem. These issues have to be resolved collectively by active group of persons by submitting petitions to elected representatives like councellors, MLA, MPs etc and then following up through media coverage . RTI should also be made to Government Hospitals for collecting data on mosquito bites, outpatients treated for malaria, epidemics spread if any during last one year,. The opinions of residents on such maintenance by authorities must be recorded. There should be a morcha to the officials and it should get adequate publicity. After creating a record of all these efforts finally filing PIL before HC is the certain remedy. Under RTI you can seek information on Budget for drainage, reasons for poor maintenance of such systems, Inspection and monitoring by authorities periodicity and controlling measures, officials involved in such maintenance, proposed plan of action to cover open drains. The purpose of making this post is not to discourage, but only to remind the poor financial budgets of local authority, and difficulty in handling such a large issue by one or two individual under RTI.
  22. 2 likes
    As a citizen you are entitled to seek any information you require from Public authorities. Please go through Shri JP Shah blogs and find the sample format of RTI Application to know status of complaint and make suitable alterations and file such application as per rules and regulations of RTI Applicable to that authority. Remember RTI is just a Road and not destination. A citizen can seek and get information which is available with public authority in the form of material record. There is no scope for questioning the quality of their action or reasons for inaction unless those are reduced as record in writing.
  23. 2 likes
    You can file application on line and the information you have solicited is proper. Add few words in the following sentence. Kindly provide the following information in the form of certified copies.
  24. 2 likes
    @ Shri Sunil Ahya : "3. You can file a RTI application directly addressed to their PIO, without waiting for the results of step 1 and 2 above, as follows (please note that for filing a RTI, name of a person is not required but only designation PIO is required):" Always write on the envelope only the HO name and do not write To, The Public Information Officer, If you write a public information officer, as there is no such designated officer, they may refuse to accept such application, which again should be sorted out through complaint to Telangana IC. Instead write only the name of dept., Director of Handlooms and Textiles and Apparel Export parks, 3rd Floor, Chenetha Bhavan, Telangana State, Hyderabad 500001 and in that envelope your RTI Application can be addressed to Public Information Officer.
  25. 2 likes
    The Department of Handlooms and Textiles of Govt. of Telangana is a Public Authority by itself and there is a dedicated tab available on its website for giving information under RTI. However, it seems that their website's RTI tab is not working. Therefore, I would suggest as follows: 1. First try and contact them on the phone number given on their website, politely speak to the person who picks up the phone and request for the details of the Public Information Officer (PIO). Ph.No: 040-23221684 Fax: 040-23221685 2. Secondly, also at the same time, try by writing to them on their email address and respectfully request for the details of the PIO; in this email also inform them that the RTI tab on their website in not working. Email Id: tshandtex@gmail.com 3. You can file a RTI application directly addressed to their PIO, without waiting for the results of step 1 and 2 above, as follows (please note that for filing a RTI, name of a person is not required but only designation PIO is required): To, The Public Information Officer, Director of Handlooms and Textiles and Apparel Export parks, 3rd Floor, Chenetha Bhavan, Telangana State, Hyderabad 500001
  26. 2 likes
    The only yardstick and fundamental information required is as to whether such society cease to exist if Government funding is withdrawn. If it can not exist without such financial support it is within ambit of RTI Act. First file RTI Application, then if the SPIO denies that he is not public authority, with the above information as in first para, make a complaint before Telangana Informtion Commission.Commission. You can get their scale of pay and not total salary payable or bank account which are treated as personal information under Sec. 8 1 (J) There should be a logical ending for such information and to establish larger public interest if information is denied stating such 8 (1) (j), you have to inform the LPI involved in seeking the details of entire employees in a state working in such co operative dept,
  27. 2 likes
    Though it is not necessary to state the objective of seeking information, for that specific information that was qualified as in larger public interest, that larger public interest must be stated with more clarity. Seeking total minutes for two years (specific dates not mentioned in application) may not appear as justified. Grounds for Appeal: SPIO has not provided exact such sub section in Sec. 8 (1) and provided justification for applying that exemption, and quoted CIC decision without application of mind to deny information. SPIO is expected to quote section, sub section and justification for denial of such information . Appellant submits that each and Minutes of Board are not confidential and only some relating to strategy and critical information may qualify for exemption, and even in the case as TASMAC is a Public Sector Board having monopoly, there is no competition for their business in TN State. Information of those minutes that are critical and confidential may be severed and copies recorded as minutes may be provided, as meetings are not regular and may take place at quarterly intervals. PRAYER: Appellant prays for directions to SPIO for providing the information as expeditiously as possible for two separate financial years. 1-4-2017 to 31-12-2019
  28. 2 likes
    We need all the detail to guide you to submit a letter to CPIO as guided by Mr. GLN Prasad. In addition pleases be guided by the post of Mr. Prasad dated 22 March 2017. Please do not open new thread on this Forum.
  29. 2 likes
    Those reports unless they are placed before the Assembly can not be disclosed to public. If you are not satisfied continue the cycle and go for first and second appeals stating larger public interest.
  30. 2 likes
    First Appeal dt.10th Mar, 2020 under RTI Act Before: First Appellate Authority,................Railways,..................... Against: CPIO,................................................. Appellant:...................................... Grounds for Appeal: CPIO reply ref...................................................to RTI application dt....................is treated as unlawful and deliberate denial, as CPIO has not applied his mind for denying information and denied information by stating such clause, where as he is supposed to justify as to how Sec.8 (1 ) (d) and (e) apply when public documents/agreements are being solicited for proper transparency and accountability in functioning of responsible Railway officials for a public convenience of parking before the Railway station. Tender documents/agreements can not be denied as they are basic and fundamentals to measure transparency and accountability in public activities. This was upheld in umpteen number of CIC decisions in the past. After 15 years of enactment, a CPIO working at a prime station not knowing fundamentals in one section of RTI applicable to him shows the bad implementation of the Act in Railways and not giving enough training to the persons who works in trains. PRAYER: Appellant prays for directions to CPIO for providing of such information as expeditiously as possible free of cost. Appellant.
  31. 2 likes
    Wow. Ten years. It's been an incredible ride for all of us at RTI INDIA. A decade is a long time. Few things in our lives or in the world last that long—the average tech startup doesn't quite make two years. I'm honored and humbled that you've stuck with us all that time, and I promise that in the decade ahead, RTI INDIA will deliver more and better work in the areas of Right to Information. We believe in making data that others hide, transparent and accessible. We believe in delivering remarkable education and easy softwares that everyone can use and feel proud about. (See our Android & iOS mobile application) We believe that all of this can be done not just without evil, but with real generosity of spirit and action. Though we took off slowly, but exactly on this day 22nd September 2006 we brought the domain and started our journey. I would like to put a word of acknowledgement for all the team members, active members, and visitors who have been partners and also made us work from the past 10 years. Thank you for the ten remarkable years of warmth, friendship, and support. We absolutely couldn't have done it without you, nor can we take the next steps without your help. I hope you'll keep holding us to high standards, and telling us when we've met your expectations and when we've let you down. With Regards,
  32. 2 likes
    OTS accepted by bank for Rs.50000/= in 2003 but prooceds deposited in 2004 without closing the account. The applicant asked for “No dues Certificate”. It was refused. The Bank took the possession of Car under SARFAESI Act-2002 & sold it. The customer was not informed the facts. He considered that the car was stolen & filed claim with Insurance co. The Co. Finalized claim & deposited it to A/C holder’s account. Again the fact was not informed. A civil Suit was filed on wrong affidavit concealing the facts. It was also informed to court that documents demanded by A/C holder were destroyed as per policy. On this affidavit the case was dismissed. The applicant asked information/ documents of the account including account statement in 2012 which was provided in July 2019 at the stage of IInd appeal with CIC. The destruction of record & other facts pleaded by Bank were taken seriously by CIC & a show cause notice was issued alongwith penalty of Rs. 25000/= was imposed. The CPIO was advised to provide all the information within 10 days. Thus violation of provision was proved by inordinate delay & concealing information. The A/C holder/ Applicant received OTS without further payment. RTI IS A POWERFUL WEAPON.
  33. 2 likes
    Public information officer has to either provide the information or deny information stating such clause under Sec. 8 sub section 1 as exemption with such justification. Please go through Sec.8 (1) and the denial stating " disproportionately diversion of the resource of public authority" was no where stated in such sub section as exempted information. There were many CIC decisions that stated that this stipulation is not an exemption under RTI. Unless member posts the exact query, precise answer as to whether it covers under Sec.2 (f) can not be given. In General a PIO must provide that information which is available in material form in his custody if it is not exempted specifically under Sec. 8 (1) Go for First appeal to FAA Grounds for first Appeal: a) As per Sec.7 (1) PIO can only "reject the request for any of the reasons specified in Sec.8 & Sec. 9" b)2.There is no such exemption in Sec.8 (1) that states that PIO can reject the request on the ground that providing of information disproportionately diversion of the resource of public authority" c)It was upheld in umpteen second appeals by CIC that information can not be rejected with the reason "disproportionately diversion of the resource of public authority c)PIO has also not provided for any justification for applying such assumed reason for exempting information and quoting some reason in way relevant to deny information legally and not offering any justification for such denial was treated as "deliberate and malafide denial" Hence this first appeal.
  34. 2 likes
    If the information is urgent and important immediately pay the fees under protest. Address a simple letter to SPIO, making a copy to FAA. and SIC. To ............................ .......................... Dear Sir, Reg: SIC Decision No...............................dt............................ Appellant:...................................... Ref: Demand for copying fees letter No.....................dt.................................. 1.I invite your attention to Sec. 7 (6) that states as follows: (6)Not withstanding anything contained in sub-section (5) the person making request for the information shall be provided the information free of charge where a public authority fails to comply with the time limit specified in sub-section (1) Sub section (1) prescribed time limit of 30 days. RTI application was filed on.................... SIC decision was on.................... Demand from SPIO was on. 2.SPIO demanding such fees is in violation of the Sec. 7 (6) is not legally proper. However the postal order for Rs.72/- is enclosed under protest keeping in mind the importance and urgency of information. Yours faithfully, ........................ Encl: PO No:..............for Rs.72 drawn as per SPIO directions. Copy to FAA and SIC: With a request to direct SPIO for providing of information free of cost as per Sec. 7 (6) and for returning of the postal order for Rs72/ submitted by applicant under protest. This is all formal and generally appellants do not prolong and irritate authorities by educating them about RTI Act as information is always the priority, and citizens are paying to their own Government, the actual copying expenses of nominal amount.
  35. 2 likes
    You can file a complaint with the Information Commission u/s. 18 of the RTI Act. Kindly refer to the blog on the following link: http://jps50.blogspot.com/2009/03/non-compliance-of-orders-of-information.html
  36. 2 likes
    1.RTI Act has not stipulated any time limit for filing complaints and the rules state "Complaint should be filed within reasonable period", what is reasonable has to be decided by IC. and in the forum, so far no one has complained about rejection of complaints by IC. 2.Please go through Sec.18, First appeal is not required for making complaint. (Remember that a complainant is not entitled for information from PIO, he can only pray for penalty against PIO and which is once again the discretion of IC, and in less than .5% of complaints, IC has decided to levy the penalty.
  37. 2 likes
    AS per Govt practice of rules if REPLY is not forth coming from any office a COMPLAINT TO NEXT HIGHER officer is only the method.Alternatively you can file RTI seeing as to to ACTION TAKEN AS SUGGESTED BY APPATASKAR as suggested above in the normal way
  38. 2 likes
    Focus only on information. If you feel that information is urgent and important, do avail every opportunity thrown to you without further arguments. If you wanted to go for appeal go for first appeal stating the following grounds. First Appeal dt........................under RTI Act Before: Against: Brief facts: Appellant solicited information in the form of a letter for queries No.............and PIO instead of providing information vide his letter dt.............directed appellant for inspection. Grounds for Appeal: As per Sec. 7 (9) "information shall ordinarily be provided in the form in which it is sought unless it would disproportionately. divert the resources of public authority or would be detrimental to the safety of preservation of the record.". The same was reiterated in several CIC decisions.. As the information was not provided in the form it is requested, and PIO has chosen his own form and directed appellant to come for inspection, without caring for the convenience of appellant, the response of PIO is not proper and not satisfactory. PRAYER: Appellant prays for directions to PIO to provide that information as solicited in application. Appellant
  39. 2 likes
    Whether SPIO has informed you or FAA has informed you is not clear. Generally FAA should deliver orders to SPIO for providing of information, keeping the options to the appellant. But DOPT guidelines stated that even FAA can provide information in the interest of expeditious disposal. Let us appreciate sincerity of FAA and bring to the attention of FAA on not uploading that information in website. Do not be hurry in making second appeal as it takes time of minimum two years for getting opportunity of hearing and then information. Your endeavour should always be to get information in first two stages. Take a chance as you have time upto 90 days from receipt of FAA orders for going to second appeal. File addendum to First Appeal to same FAA as under. Addendum to first appeal dt....................... (Further to first appeal dt.....and information provided by FAA vide letter No................) Appellant appreciates the way in which FAA has responded to Appellant directly and submits that Appellant has searched for the information and there is no such information available in the given link https://tnsta.gov.in/act_rules.jsp. It may be a presumption and though this information must be uploaded as voluntary disclosure, this was not done, and no such information as requested by appellant is available . Appellant also submits that information should be provided in the form of information that is solicited, and appellant required the information in the form of certified copies and not for link. Appellant prays for providing such copy of circular/order/notification in the form of certified copy, as the same is not available in website. Appellant.
  40. 2 likes
    Then Grounds for appeal should be for providing information that is incorrect and misleading and information not providing in the form it was requested.
  41. 2 likes
    The only remedy is making a written complaint to BMC with such photographs and original sanctioned plans and specifically pointing out deviations, use of property for commercial purpose etc. Then for waiting for two months and filing writ mandamus before HC.
  42. 2 likes
    Go for first appeal with following grounds and prayer. Grounds: SPIO has not provided point wise, correct and complete information for point 1,2,3 and and for Point No.4 demanded for a visit for collecting documents and not even provided the calculation with his demand. The reply is not satisfactory and for 28 days he could not provide information that is available on his record. Hence first appeal. (Copy of RTI Application and PIO reply provided as xerox on back of this page as Page No.2) PRAYER: Appellant requests for directions to SPIO for providing point wise information and demanding such fees for copying after providing such calculation arrived. As information was not provided within 30 days, SPIO may be directed to provide information as expeditiously as possible free of cost. (There is no such necessity to call on the office with personal expenses only for collecting copies and it can be sent by post as per RTI rules and regulations)
  43. 2 likes
    Please refer to the blog on the following link and prepare the grounds of your first appeal: https://rtiindia.org/blogs/entry/756-disproportionate-diversion-of-resources/
  44. 2 likes
    Sir, Apologies for not providing details RTI Appplication Information Solicited: [1] Please provide me the CCTV entire available data footage data between 10 a.m to 11.a.m as on June 03, 2019 for all the installations at B4 Police Station, Town South, Town East ,AWPS and Town West Police Station,Nagapattinam.Please provide entire data in electronic form. Quoted the excerpts form TNSIC Decision " if you PIO denies CCTV footage, CCTV footage has to preserved till the end of SA hearing" TNSIC SA 637/A/2018 & TNSIC and SA 8543/A/2017 TNSIC in a different case requesting CCTV footage at police stations,earlier ordered that if the Appellant (myself) requested for CCTV data, it should be provided SA 8543/A/2017 Note: 1.If you deny the CCTV footage data for this application, please do not delete the CCTV footage data until the decision of State Information Commission /High Court Decision
  45. 2 likes
    Please refer to the blog on the following link and prepare the grounds of your first appeal: http://jps50.blogspot.com/2014/06/justification-for-reasons-for-denial.html
  46. 2 likes
    You have lost the coin in Kashmir and searching it at Kanyakumari. This community forum is dedicated for guiding citizens in seeking information from public authorities under RTI and members are like you and me. This forum is not having relations with any Government/party. RTI is not a complaint redressal / investigation and you can only seek information available in material form from public authoriies. You can either refer the matter to a higher official in Registration dept., post it as grievance in their on line portal or complain to ACB.
  47. 2 likes
    An applicant is having right to information alone, and the penalty is in between the PIO and IC and appellant has no role to play. That penalty can never come to appellant as wrongly perceived. Insisting for imposition of penalty may spoil the relations, when one expects smooth relations without hurting. It is very difficult to establish deliberate denial with fraudulent motives by PIO.
  48. 2 likes
    As to how many Deputy Chief Ministers should be appointed, it is the prerogative of the C.M.. In Andhra Pradesh, the C.M. has appointed 5 Deputy Chief Ministers & in Telangana 2 Dy. C.Ms. When State was integrated, there was no Dy. C.M. for most of the period... Court has fixed the limits for Ministers in the Cabinet i.e. 10% of the Legislatures including C.M., but there is no restriction of Dy. C.M.. There is no change of salary and perks of Ministers and Deputy Chief Ministers. Hence the question of waste of public exchequer also may not arise..This is nothing but an attempt to please the disgruntle MLAs to keep the folk together. Politicians in power should have the sense of economics of the State so that public taxes may not be wasted. Hope good sense will prevail upon them one day or the other.
  49. 2 likes
    Section 11 is a procedural section which lays down the procedure for cases where an information pertains to a third party. However, information cannot be denied u/s. 11 of the RTI Act, because as per section 7(1) information can only be denied either u/s. 8 or 9 of the Act. Firstly the information that you have sought is not a third party information and secondly even if it were to be a third party information it could have been denied only section 8 and 9 of the Act. Please find section 7(1) quoted below:
  50. 2 likes
    Is the document made available by the central/state public information officer is admissible as evidence in a court of law? It is very pertinent question. This question is sure to arise when the receipient of the document attempts to put in as evidence in a case pending in the civil or criminal court. The document made available by the Public Information Officer is the one which is already recorded in the official records and published or it may be one which is not recorded and published or the one which is yet to be recorded and published. What the public information officer does is, he just furnishes a copy of the record. Such record may be a true copy but it is not either authenticated or can be vouchsafed as true. The information available will be is something like news. The public information Officer is not a party to such information. He is not capable of speaking anything about the content of the document or about its veracity. The document furnished by the public Information Officer is no doubt a document issued from the proper custody and by the authority which by law is found to keep the inofrmation and disseminate it. That by itself doesnot make the document either authentic or its contents true. Moreover, the document issued has no purpose other than allowing the recipient to know of this content and nothing more. It is not the intention or the purpose of Public Information Officer to support the recipent when he uses it for any purpose either to prove or disprove any fact in which the recipient of the document is only concerned. The document and the information contained therein is neutral as if it is just a news. The public Information Officer is completely ignorant of the purpose for which the applicant has made his request for information nor the Public Information Officer is in any manner concerned with it. In the application for information the applicant is not required to state any reasons why he requires information. Therefore, it is not an application for a certified copy of any information recorded by any adjudicating authority in a dispute. As per the practices of the courts and tribunals the party applying for a certified copy should state weather it is required for purpose of appeal or for reference. No such condition is prescribed for the applicant for information to state the reason why he requires information. The copy furnished by the court can be used only for the purpose for which the copy of appplication is made. As per the practices prevalent with the Government when an application for certified copy is made, the authority or the officer recieving the application will specifically endorse on the copy he grants, that it shall not be used in court as evidence eventhough the information contained theirein is not only true and is also authentic. In such cases, the court recieving the certified copy, before admitting the document requires that the document should be proved to be of the original. It is particularly true so in the case of survey maps, where the court normally as a practice appoints the official surveyour as a court Commissioner and obtain the true sketch. Here, in the case of Public Information Officer wheather he makes an endorsement as is referred to above to the said effect that the documents supplied by him shall not be used in court, it is implied in the circumstances of this Act that the document made available to the applicant shall not be used as a proof in court proceedings. Further, the principal purpose of the Act itself is to make available to the citizens all infomration the Government is possessed off for his self-illumination to function as an enlightned and well informaed citizen and not to help him to score any point with his opponent in any dispute. Thus, when the citizen wants to use the document obtained by him from the Public Information Officer as a document in any civil or criminal proceedings, he should adopt the procedure prescribed for purpose of obtaining certified copies through court process and not by making an application for information under this Act. However this interpretation is yet to be formalized by way of decisions that may occur in future.
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