Jump to content

Leaderboard

  1. Prasad GLN

    Prasad GLN

    Pro User


    • Likes

      274

    • Posts

      32,048


  2. Sunil Ahya

    Sunil Ahya

    Moderators


    • Likes

      70

    • Posts

      7,386


  3. Dr V S Prasanna Rajan

    Dr V S Prasanna Rajan

    Pro User


    • Likes

      14

    • Posts

      635


  4. damodard29

    damodard29

    Pro User


    • Likes

      7

    • Posts

      204


Popular Content

Showing most liked content since 07/24/2020 in all areas

  1. File a complaint u/s. 18 with the SCIC. Grounds of complaint: 1. The PIO has not complied with the directions of the SCIC to file an affidavit despite a lapse of ______ days after the SCIC's Order Dated: _________. The complainant therefore urges the Hon'ble Commission to exercise its powers u/s. 18(3) of the RTI Act read with Section 27 to 32 of the Civil Procedure Code, 1908 and thereby institute an inquiry with due regard to its powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908. A true copy of the SCIC directions are annexed herewith as Annexure "A" Pages __________. 2. Similarly mention if there are any other grounds of complaint. Prayers: In the above premises this Hon'ble Commission may be pleased to: 1. Issue summons to compel the attendance of the PIO in accordance with the provisions of section 18 of the RTI Act read with section 27 to 32 of the CPC, 1908. 2. Direct the PIO to file the affidavit in compliance with the Hon'ble SCIC's Order Dated: __________. 3. Any other further Orders in the interest of justice.
    3 likes
  2. Enclosed herewith this post an attached file containing the instructions given by the Department of Posts not to insist the identity of complainant while dispatching the complaint by speed / registered post. Department of Posts - Non Disclosure of the Identity of complainant under PIDPI.pdf
    3 likes
  3. Enclosed herewith this post the order of the Supreme court of India extending the limitation period for filing applications before any tribunal under any law for the time being in force, until further orders. This judgment can be used by RTI appellants for filing first appeals and second appeals before the First Appellate authority and the Information Commission, in case the RTI appellants have missed the deadline for filing appeals as stipulated under the provisions of RTI Act. Apex_court_-_Limitation_period_with_respect_to_all_judicial_and_quasi-judicial_proceedings_extended_until_further_orders[1].pdf
    3 likes
  4. First contact his wife and seek such evidence of Wedding card, photographs and whether marriage was registered. You can also check for their ration card/voter card/Bank account/AADHAR details if you have finally decided to file a case for cheating. Infact you want remedy. It is your duty to file such complaint to Police providing the name of first wife, and it is their duty to investigate the case and book him by collecting all such evidence. Do not waste time thinking that you have to collect all such evidence. The resources with individuals are very less when compared with professional expertise of police in collecting such evidence. Your duty is to convince Police of your sincerity and stating that you were kept dark on his first marriage and your marriage was solemnized with such rituals and providing such evidence of your marriage. There may be several facts that Police may dig into as to how you have to come in contact with your husband. If it is through matrimonial site, then it is a strong evidence in your favour. Always approach Police either with an advocate or through Women's Voluntary organisation
    3 likes
  5. GROUNDS OF FIRST APPEAL: 1. The PIO has declined information against point no. XX of the RTI application by merely quoting the exemption to information under section 8(1)(j) of the RTI Act, 2005 without giving meaningful justification for arriving at that reason for denial. This is against letter and spirit of RTI Act. Please find the following persuasive precedents wherein the concerned authorities have ruled that merely quoting the bare clause of the Act does not imply that the reasons have been given: DECISIONS OF THE CENTRAL INFORMATION COMMISSION (CIC) IN THIS REGARD: A] “Through this Order the Commission now wants to send the message loud and clear that quoting provisions of Section 8 of the RTI Act ad libitum to deny the information requested for, by CPIOs/Appellate Authorities without giving any justification or grounds as to how these provisions are applicable is simply unacceptable and clearly amounts to malafide denial of legitimate information attracting penalties under section 20(1) of the Act.” Refer: CIC/OK/A/2006/00163 dated 7 July, 2006. B] “The PIO has to give the reasons for rejection of the request for information as required under Section 7(8)(i). Merely quoting the bare clause of the Act does not imply that the reasons have been given. The PIO should have intimated as to how he had come to the conclusion that rule 8(1)(j) was applicable in this case.”CIC/OK/C/2006/00010 dated 7 July, 2006. Refer: CIC/SG/A/2011/003607/17371 dated 10-03-2012 C] “Access to information, under Section 3 of the Act, is the rule and exemptions the exception. The information can be denied only if it is exempt as per the provisions of Section 8 or Section 9 of the RTI Act. Further, while denying information the authority withholding the information must show satisfactory reason and such reason should be germane and based on some material. Sans this consideration the information cannot be denied………” Refer: CIC/BS/A/2013/000681/4968 dated 24-04- 2014. COURT JUDGMENTS IN THIS REGARD: D] “6. This Court is inclined to concur with the view expressed by the CIC that in W.P. (Civil) 12428/2009 order to deny the information under the RTI Act the authority concerned would have to show a justification with reference to one of the specific clauses under Section 8 (1) of the RTI Act. In the instant case ………….” Hon’ble HIGH COURT OF DELHI in W. P. (C) 12428/2009 & CM APPL 12874/2009 DEPUTY COMMISSIONER OF POLICE versus D.K.SHARMA –Judgement dated 15-12-2010 E] “If no reasons are given in the appellate orders, then it is injustice to the natural justice because quasi judicial obligations are giving reasons for order, since justice is not expected to wear the inscrutable face of a sphinx” Hon’ble High Court of Kerala in Ibrahim Kunju v. State of Kerala AIR 1970 Ker 65. F] Judgment of HON’BLE HIGH COURT OF DELHI in WP(C) No. 3114/2007 decided on 03.12.2007 : “Para 12………As is reflected in its preambular paragraphs, the enactment seeks to promote transparency, arrest corruption and to hold the Government and its instrumentalities accountable to the governed. This spirit of the Act must be borne in mind while construing the provisions contained therein. Para 13. Access to information, under Section 3 of the Act, is the rule and exemptions under Section 8, the exception. Section 8 being a restriction on this fundamental right, must therefore is to be strictly construed. It should not be interpreted in manner as to shadow the very right itself. Under Section 8, exemption from releasing information is granted if it would impede the process of investigation or the prosecution of the offenders. It is apparent that the mere existence of an investigation process cannot be a ground for refusal of the information; the authority withholding information must show satisfactory reasons as to why the release of such information would hamper the investigation process. Such reasons should be germane, and the opinion of the process being hampered should be reasonable and based on some material. Sans this consideration, Section 8(1)(h) and other such provisions would become the haven for dodging demands for information” 2. Furthermore, the FAA has declined information against point no. xx of the RTI application by merely quoting the exemption to information under section 8(1)(j) of the RTI Act, 2005. This is against letter and spirit of RTI Act in general and section 19(5) read with section 22 in particular. Please find the following Case Laws / Persuasive Precedents wherein the concerned authorities have ruled disclosure of information pertaining to police investigation, Police Diary / Daily Diary / Case Diary: A] IN THE HIGH COURT OF DELHI AT NEW DELHI in W.P.(C) 12428/2009, DEPUTY COMMISSIONER OF POLICE versus D.K.SHARMA. The Delhi High Court has asked Delhi Police to provide to an accused the daily diary (DD) entry mentioning his arrest, information collected during the investigation and copies of the case diary. Justice S. Muralidhar passed the direction dismissing an appeal by the Deputy Commissioner of Police (Anti-Corruption Branch) against an order by the Central Information Commission (CIC) on a petition by the accused, D.K. Sharma, when the officer refused to provide the documents asked for by him. The police had denied the information to the accused on the ground that trial of the case had been completed and that he was not entitled to a case diary in terms of Section 172 (2) of the Criminal Procedure Code and that the provisions of the RTI Act had to be read subject to Section 172. Countering the police’s argument, the accused in person argued that his right to ask for the information under the RTI Act could not be denied citing the quoted Section of the Code and that no prejudice would be caused to the investigating agency as the trial had been completed. Dismissing the appeal, Justice Muralidhar said: ``This Court is inclined to concur with the view expressed by CIC that in order to deny information under the RTI Act, the authority concerned would have to show a justification with reference to one of the specific clauses under Section 8 (1) of the Act.’’ ``In the instant case, the police have been unable to discharge that burden. The mere fact that a criminal case is pending may not by itself be sufficient unless there is a specific power to deny disclosure of the information concerning such case’’, Justice Muralidhar said. ``No prejudice can be caused to the police if the D.D. entry concerning his arrest, the information gathered during the course of the investigation, and the copies of the case diary are furnished to the accused. The right of an applicant to seek such information……cannot be said to be barred by any provision of the Cr.P.C’’, Justice Muralidhar further said. ``It is required to be noticed that Section 22 of the RTI Act states that the RTI Act would prevail notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 and any other law for the time being in force’’, Justice Muralidhar said, elucidating the provision of the RTI Act. B] Smt. Jagvinder Kaur v/s. PIO,Senior Superintendent of Police, Bathinda: Following is the relevant excerpt from the Decision of the Hon’ble Punjab State Information Commission: “What holds good for matters under investigation, would in fact apply with greater vigour to cases where investigation has been completed. In the present case, investigation has been completed and ‘challan’ has been presented. Trial is going on in the court. The respondent has not shown how and in what way discloser of the case diary at this stage, will impede the prosecution of the accused. No reason or justification has come forward from the respondent. In conclusion, therefore, it must be held that the complainant has a right to access the information sought by him and the respondent is under a statutory obligation to supply attested copies of the case dairy to him.” C] Sri Virag R. Dhulia Versus PIO & lnspector of Police, Mahadevapur Police Station, Bangalore AND FAA & Deputy police Commissioner, DCP East Zone, Ulsoor Police Station, Bangalore Following is the relevant excerpt from the Decision of the Hon’ble Karnataka State Information Commission: “5. Respondent states that it is a confidential document which will be produced before the Court if called for and if Commission intends he is ready to provide the copy of Case dairy to the Appellant. 6. Since Section 22 of RTI act overrides any other act for the time being in force; nothing prevents the Respondent to provide the copy of the Case Dairy to the Appellant. 7. Commission directs the Respondent to provide copy of the Case Dairy to the Appellant.”
    3 likes
  6. For seeking Information: 1. File a RTI application under section 6(1) of the RTI Act with the concerned Public Information Officer (PIO); 2. If you do not get the information from the PIO, then file a first appeal under section 19(1) with the concerned First Appellate Authority; 3. If you do not get the information despite filing a first appeal, then file a second appeal under section 19(3) with the concerned Information Commission. For Complaining: Consider the following example situations: > There is no available PIO with whom a RTI can be filed, how would you then file the RTI? > The Information Commission has passed an order in second appeal that information be provided to the RTI appellant. Yet, despite the Commission's Order the PIO does not provide the information. In such cases, one may file a complaint under section 18(1) of the RTI Act, with the concerned Information Commission.
    3 likes
  7. Description of Information Required: In accordance with the provision of section 2(j)(i) of the RTI Act kindly provide me with an inspection of all the documents pertaining to the XXXX... Kindly do prepare an index and paginate all the information offered to me for an inspection, and suggest three alternative dates for an inspection. In case, I have any difficulty with the dates offered for inspection, I will inform you about the same, and you may kindly do the needful to address the same. Please note that, during the process of aforesaid inspection, I shall select the required information, kindly do provide me with a certified photocopy of such selected information on payment of the prescribed fees. Also please read the blogs on the following links: http://jps50.blogspot.com/2009/11/guidelines-for-inspection-under-rti.html http://jps50.blogspot.com/2012/03/assistance-in-inspection-under-rti-act.html
    3 likes
  8. There was further amendment to that O&M, and any custodian that is having that record can sign for PIO if he is having such powers to sign for Government.
    2 likes
  9. During this covid pendamic I moved application under life n liberty clause in a medical college regarding some. Important machine and other I got the same in 3 4 days. All can try.
    2 likes
  10. Absolutely true. They have made the Act a toothless tiger. Justice delayed is justice denied. In India, the officials are having attitude problems first and they do not like if some one questions their actions. When the hearing takes place after 2 years+, when information is important, and when the ICs are retired bureaucrats and wish to complete the tenure without any controversy, the result is partisan attitude and lenient view against PIOs. The Act is at present running on ventilator and there is no question of survival if the same situation continues. Applicants, PIOs, FAAs, ICs and Government have their own deficiencies and all made a a very good act as useless.
    2 likes
  11. I have yet to hear instances where penalty was recovered from PIO or from those who has delayed in providing the information to him(by that public authority) , let alone action against them. The verdict that a citizen is concerned only with information and can not insist on other remedies and giving discretion to IC is more unjustified. Once if the penalties are deducted from individual salaries, then they feel pinch for effective implementation and unfortunately that can never happen or practicable.
    2 likes
  12. RTI Act is concerned with Accountability only to Public Relation officers alone. Further accountability within public authority rests with functionaries and a purely internal matter. Neither Information Commission nor applicant is concerned about such further action against those who is responsible in particular delay of information to that relevant RTI Applicant. Infact applicant is also concerned with information alone, and he is not having any rights to insist on penalty for delay, and imposing penalty is the sole discretion of IC alone, and applicant is not having any say except making prayers.
    2 likes
  13. Under RTI Act, a citizen has a right to seek that information that is available in the form of a material with Public authority, the disclosure which is not exempted RTI from any Public authority. In other words Public Information Officer, designated as such by a Public Authority has to provide information, as is available in the form of material for which he is custodian information, If that information is not exempted under Sec. 8 (1) Finally you can not ask any personal information of any employee like his personal property, and if such information of any citizen is available with public authority as a material record in the performance of duties, that record of third party in possession of public authority which is a record can be obtained under RTI.
    2 likes
  14. Make a courtesy phone call to SPIO and seek the links as a first step. The SPIO is supposed to provide the information in the form in which it is requested. If SPIO fails in providing that information in that form, the SPIO actions are not proper. Hence after getting the link over phone, then file first appeal and you may use following grounds. First appeal dt....under RTI Before: FAA, ......................................(Fire Dept) Against: SPIO,................................. Appellant: Brief facts: Appellant has requested in his application dt.............solicited CERTIFIED COPIES OF AUDIT REPORTS SPIO has vide his letter ref No....................dt..........................asked appellant that such solicited information is available in the website and has failed to provide the exact link. The self attested copy of application and PIO reply enclosed. Grounds for Appeal: As per Sec. 7 (9) of RTI Act, "An information shall ordinarily be provided in the form in which its sought" The information in the form of certified copies is not available in that unknown website (link not provided). Hence this appeal as information is not submitted as certified copies. PRAYER: Appellant prays for directions to SPIO for providing the information in the form in which it was requested in RTI Application dt................viz Certified copies, free of cost as expeditiously as possible Appellant
    2 likes
  15. In a given Public Authority, there may be several Public Information Officers & First Appellate Authorities, And therefore, a PIO, in his response to a RTI Application, should inform a RTI Applicant about the particulars of the correct & concerned First Appellate Authority. But in case a PIO does not do so, then a RTI Applicant should file a First Appeal, as follows: 1. Visit the Public Authority's website and try and look for the details of the concerned First Appellate Authority (FAA) under RTI link, especially in section 4 declaration. 2. If despite reasonable efforts, one is not able to find the details of the correct FAA, then one should file a first appeal, as given below: > Attach a cover page on top of the First Appeal:
    2 likes
  16. Enclosed herewith this post the observations made by Madras High Court with regard to disposal of Appeals and Complaints under RTI Act, 2005 during COVID. Madras High Court - Consider Taking Up RTI Cases On COVID-19 Issues For At Least 3-4 Hours Every Day - Tells Information Commission.pdf
    2 likes
  17. Enclosed herewith this post the direction given by SBI for performing KYC through Email and Post. Those users of RTI who are facing problem of suspension of their SBI account due to non-submission of KYC documents in person, can use the document enclosed in this post and by referring the same in their RTI application can get their KYC done through Email / Post. SBI Direction related to KYC through Email and by Post.pdf
    2 likes
  18. If a thread is opened on one issue EX: Time frame for second appeal, member should continue posting in the same thread for continuity. Opening fresh thread on continued queries on single issue brings confusion and wastage of space. Please avoid. Moderators have to take the trouble of clubbing all the posts relevant to one thread which is time consuming. ............... Presuming that the query was going for second appeal against non receipt/unsatisfactory orders of FAA, the Stipulation was as follows: Sec.19 (3) A second appeal against the decision under sub section (1) shall lie within ninety days a) from the date on which the decision should have been made or b) was actually received with the CIC or SIC. EX: First appeal was made on 1-1-2021 and FAA orders may be within 31-1-2021 (a) and the orders might have been received on 7-2-2021 or there might have been no reply from FAA at all till 7-2-2021.(b) In case of FAA orders, second appeal time frame be reckoned from date of receipt of such orders i.e.90 days from 7-02-21 Even when there is no response the expected date including postal transit is presumed as 7-2-21 and within 90 days from 7-2-21 second appeal should be preferred. Please remember there is no hard and fast rule and we heard no complaints from members that second appeals were rejected for nominal delay. The standard practice should be not to wait till last minute. Wait for 30 days + postal transit days of 10 =40 days from date of first appeal posting and then go for second appeal without wasting time on grounds of deemed denial of FAA orders In case of receipt of unsatisfactory orders within a week from date of receipt of such FAA orders go for second appeal without waiting for 90 days. Invariably mark the second appeal copy to FAA and FAA is really a sensible authority, if he has not acted already he may take a decision. There is always a possibility of praying for condoning the delay by IC and they may not reject.
    2 likes
  19. You may file a first appeal on the following ground: Grounds of First Appeal: 1. I had requested for the following information vide point no. 12 of the RTI application. The same is reproduced below: "Inform me the name, designation and current posting address of officers and subordinate staff who verified the parameters of the construction of the building specifically with respect to permissible FSI, Floor plan and structural strength of the existing building." The PIO has replied stating that the said request does not fall under the definition of information as given under section 2(f) of the RTI Act. Section 2(f) is reproduced below (emphasis added): "(f) "information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force;" The information sought by me such as name, designation etc. ought to be available on the records of your Public Authority in the form of documents, memos etc. Thus, the information sought by me indeed falls under the definition of information as given under section 2(f) of the RTI Act. Prayers of First Appeal: 1. Kindly direct the PIO to provide the information requested vide point no. 12 of the RTI application in accordance with the definition of information as given under section 2(f) read with section 7(1) and further read with section 7(6) of the RTI Act. 2. Kindly place the onus of denial of the said information on the PIO, in accordance with provision of section 19(5) of the RTI Act.
    2 likes
  20. There is no such prescription and clauses for seeking information under RTI. The denial can only be made as stated in Sec.8 (1) with justification. First seek such information as you wish, and then if the information is denied, you can go for first appeal stating such grounds. PIO provides the information as it is available in material form as a record. If there is a material record in both languages, that document must be provided if not exempted under Sec. 8 (1)
    2 likes
  21. The present scenario is that PIO should provide the information in the language it exists in material form in his records. If it is in English, it must be provided in English ony. If it is in some other language, they should provide that information in which language that exists. For example if it is in other language, he can not undertake to translate from that language into English. The only option is using "Google translate" to know the meaning after getting the certified copy of such record, as PIO may not be ready to provide the information. Applicant can ask anything he wishes, but must be prepared for such denials and can take a chance without expecting positive result from PIO.
    2 likes
  22. File second appeal before State Information commission as per format. Brief Facts: Appellant sought information from SPIO vide his application dt................., there is no response for more than ...days from receipt of application. Self attested copy of Application with service proof enclosed Page 2 First appeal was filed against SPIO dt.......and FAA has failed to take any action to deliver his orders against deemed denial of information by SPIO for......days. Self attested copy of First appeal with service proof enclosed Page 3 Grounds of Appeal "Deemed Denial" of information as neither SPIO nor FAA responded within 30 days time frame fixed for information by SPIO, and for First Appeal orders by FAA, hence the second appeal. PRAYER: Appellant prays for directions to SPIO for providing of information as expeditiously as possible free of cost. Appellant also prays for penalty against SPIO for deliberate and malafide silence on an information related to performance of Panchayat and funds spent for Village development.
    2 likes
  23. You may file a first appeal on the following grounds: 1. I would hereby like to draw your kind attention to the recent decision of Hon’ble Supreme Court in Transferred Case (Civil) No. 97 of 2015 (Arising out of Transfer Petition (Civil) No. 716 of 2012) in National Bank for Agriculture and Rural Development v/s. Sanjay SitaramKurhade, wherein the Hon’ble Supreme Court has upheld the reasoning given in the CIC Decision No. CIC/SG/A/2011/002405/16514, the relevant extract of which has been quoted below for your immediate reference and perusal: “The PIO has denied the information simply on the claim that such disclosure would impede the process of investigation or apprehension or prosecution of offenders. However, he has failed to explain how such disclosure would actually be an impediment to the process of investigation or apprehension or prosecution, as laid down above by the High Court of Delhi. The denial of information by the PIO appears to be a mere blanket statement not supported by any cogent evidence or material on the basis of which it can be clearly demonstrated that such disclosure would in fact attract the exemption contained in Section 8(1)(h) of the RTI Act. The PIO has failed to discharge the burden placed upon him under Section 19(5) of the RTI Act to prove that the denial of information under Section 8(1)(h) of the RTI Act was justified.” 2. Also, you can annex the following decisions of CIC. 1_Mr._Sanjay_Mourya_vs_Mcd,_Gnct_Delhi_on_15_February,_2012.PDF 2_Mr._Ajit_Kumar_Singh_vs_Central_Reserve_Police_Force_on_20_July,_2010.PDF 3_CIC_BS_A_2013_000275_4579_M_124997.pdf 4_CIC_SM_A_2011_000249_SG_12387_M_56399.pdf 5_CIC_SS_A_2013_000389_M_119864.pdf
    2 likes
  24. It is good to see people helping one another and in turn achieving success in a society plagued with nepotism and favouritism.
    2 likes
  25. Sir, deputy collector has ordered the investigation by submitting Memorandum to Mamletdar
    2 likes
  26. You may file a first appeal on the following grounds: 1. As per the provision of section 7(1) a requested information is to be either provided or the request rejected for any of the reasons specified under section 8 and 9 of the RTI Act. The PIO has neither provided the requested information nor specified any of the exemption given under section 8 and 9 of the RTI Act. Thus, the PIO has disposed of my request for information in violation of section 7(1) of the RTI Act. 2. As per the provision of definition of information given under section 2(f) of the RTI Act, documents held by a Public Authority falls under the definition of information. Each of my request for information points towards the documents held by your Public Authority, because the name of the Officers would have been mentioned in the relevant documents held by your Public Authority. Thus, each of my request for information falls under the definition of information as given under section 2(f) of the RTI Act. 3. ..
    2 likes
  27. The task is identifying the custodian of Information. The second thing is differentiating between a complaint and application seeking information under RTI Act. RTI is not meant for redressal of grievances. RTI is not a destination and it may at the most be a road that leads to destination. The scarcity of water or water problem in your village is a local issue to be settled within Panchayat or maximum block level. If there is on line facility for both Central and state then they may transfer the application under Sec. 6 (3). Always focus on the issue and never divert your attention and resources in search of useless pursuits. The focus is on water scarcity. File such application to SPIO Village Panchayat and seek that information available on record and then bring a logical conclusion to the issue with that information. Some pertinent queries may help you. Information solicited. 1.Please inform the reasons for scarcity of drinking water in the village 2.Please inform steps taken to improve supply of drinking water. 3.Please inform proposed actions for improvement in supply of drinking water during next year depending on the experience of the scarcity .
    2 likes
  28. Information solilcited: 1.Please provide the list of such sensitive posts and non sensitive posts that are classified in the organization. 2.THe criterion followed for differenciation in between the two. 3.Whether such posts are permanent or can be brought back from non sensitive to sensitive.
    2 likes
  29. There are several conflicting views. 1.The Madras High Court has ruled that irresponsible PIOs should be shown the door. 2.CIC and HC judgment states that a Citizen is entitled to information alone and he is confined only for prayers and other action against PIO are at the discretion of IC. 3.FAA is beyond all, and in one HC Judgment, the HC has withdrawn the strictures passed as there is no such clauses and responsibilities were entrusted in RTI Act. As our Great Guru Mr Karira has stated 5 years back, the Act is on Ventilator with artificial breathing, with some remote signs of life. There is no improvement and the body is not responding to any type of treatment. For the first time I am hearing the ' abuse' word on PIOs and FAA in RTI Act. It is true that the act can be misused and abused by PIOs who always lament that applicants are filing RTI Applications as revenge!!!
    2 likes
  30. Being a banker, you are well aware that even several decades before enactment of RTI , Bankers' statutory obligation is to maintain secrecy of customers' accounts. There are certain exemptions and those exemptions are not for public and is for Police (law enforcement) , Statutory authorities(including courts/Taxes), interest of other banks (sister concept) and when the bank's own interest is involved. However rate of interest is not personal information and it is to be announced in Public. You can reconstruct your query and seek specific information on rates of interest applied on such loans to general borrowers and if concessions are allowed to chairman such specific permission. If you are certain about the violations, you can make a complaint to RBI and the sponsoring bank and then seek such information in larger public interest. As there are struggles in between you and your past employer, be careful in transactions as such employers attribute motives even for RTI information and complain of harassment to IC. RTI from employees (ex) are not being treated kindly by employers.
    2 likes
  31. Go through Sec.19 of RTI Act and continue further process of first and second appeal as expeditiously as possible remembering time frame. Wait for Information commissions' orders and if not satisfied go for Writ against University. Contact a local advocate and issue a Notice under CP Act claiming huge damages for not providing you the transcript if they have collected such fees. You can also explore possibility of filing writ mandamus in High Court after consulting your advocate.
    2 likes
  32. During First Appeal Hearing, you can not raise any fresh grounds - Adhere to the Grounds submitted in the First Appeal and establish larger public interest as to how the Temple in the name of lottery has collected such amounts from public. Conducting a lottery is a commercial activity and not connected with devotional aspect.
    2 likes
  33. Nailed it Perfectly! After 5 years hard work Hon'ble SIC DIRECTS DEPUTY COMMISSIONER TO LODGE FIR AGAINST CUSTODIAN OF RECORD OR ANY OTHER PERSON RESPONSIBLE UNDER SEC 201 IPC OR PUBLIC RECORD ACT 1993 Followed till hilt!
    2 likes
  34. Please understand the operation of CVC. First there is a screening at CVC level and committee finds out whether there is a prima facie evidence. Then as CVC is just a post office and it transfers the complaint to Vigilance dept., of that organisation and finally the complaint goes to the very person against whom the complaint was made. CVC gives time of 90 days and after another two or three reminders, that organisation may send such report disagreeing and certifying that there is no vigilance angle in the complaint and make some more allegations attributing motives to complainant/ There is no direct correspondence by CVC or informing status to complainant even as a matter of decency and courtesy and complainant has to make several such RTI Applications for making a follow up. Sometimes the CVC committee may reject the complaint stating that such documents are not enclosed and the minimum process is more than six months to hear that complaint is false. A general format is given for further follow up. Even for a normal letter from any Govt. organisation complainant never gets a response, even for RTI Application the time prescribed is one month. SO do not expect that CVC will run on your complaint and book the culprit. They are accustomed to this and they will never take any thing serious. But RTI follow up is good at CVC. Application dt.8th Sept, 2020 seeking information under RTI Act Before: CPIO, Central Vigilance Commission, New Delhi. RTIFee: Postal order No...for Rs.10/- Fvg.Accounts officer, CVC payable at New Delhi. Applicant: Subject on information sought: Complaint to Central vigilance commission regarding the corruption in NHPC Ltd, Faridabad on 17th August 2020. Information solicited: 1.Please provide day to day action taken, present status, details of action taken etc., on complaint made with CVC. Applicant.
    2 likes
  35. Also, seek a photocopy of: Please provide a photocopy of the permissions granted by the appropriate / concerned Municipality for the construction of the said structure (define the particulars of the constructed structure so as to identify it for the purpose of seeking information).
    2 likes
  36. According to my knowledge, if your allegations are true, making a complaint with full details to the Ministry of education and in the grievance portal will be more helpful. However you must have a record of facts before making a complaint and you can file RTI Application to Director of College Education or to the concerned University with which it is affiliated. Follow RTI rules applicable to your state in format and fees. (You can search any Govt website for that RTI Application format and mode of remitting RTI fee of Rs.10/-. You can seek information as follows. Information solicited: 1)Please provide the certified copy of documents of that land in which..................constructions were going on. 2)If it belongs to another dept., please provide such copy of permission/approval obtained by them that they will not claim their land in which permanent erections are being made now. 3.Please inform the reasons and provide that copy of resolution through which the contract was given to outside agency, ignoring the competency of PWD who are experts in the field with State GOvt. Support. 4.Please inform the source of funds and the rules that permit to spend such amount for these constructions at.................... 5.Please inform the laid down policy followed for inviting bids/tenders/allocating the work for these works entrusted to...................and the quality assurance for their works with their experience in similar works.
    2 likes
  37. एक अन्य आरटीआई आवेदन दाखिल करें और एसपीआईओ से जानकारी लें कि किन नियमों / खंडों के तहत एसपीआईओ ने 1.1.Kg वजन दस्तावेजों के लिए डाक शुल्क की मांग की है।
    2 likes
  38. The experts always advised to pay any formal fee demanded if focus is on information, and getting information is itself a great success under RTI. After all we are compensating our government some of their actual expenses on information essential for us Please pay and get the information as the demanded amount is not substantial. If you think that amount is substantial, go for inspection, select copies and take personal delivery of documents.
    2 likes
  39. Send E mail with details to that organisation and seek such result by mail followed by RTI Application as per prescribed format and applicable fees as stated in their website. (All this if public authority failed to upload such results as it is obligation on their party.)
    2 likes
  40. Do you intend to seek information with respect to the remuneration of an employee of a public authority, then the total remuneration figure should be available in the 4(1)(b)(x) of the RTI Act.
    2 likes
  41. There are interesting blogs and also comments by many of our forum stalwarts like Hon.Karira, Ms.Raveena and Mr.Sunil. Further there was a recent discussion on HC Judgment . The Supreme Court Judgment on the difference is also available in the forum. Both serve different purposes. When first appeal could not be filed, or could not be filed within time frame, when information is not important within reasonable time a complaint can be filed under Sec.18. Remember, that complainant is not entitled to seek information but can only pray for other remedies like penalty and recommendation for disciplinary action which are once again discretionary powers of IC. The valid point in RTI is that a citizen is only entitled to information alone as a right, and other remedies like penalty, recommendation for disciplinary action etc., are ICs' discretion. Even when there are Prayers, Ics may not consider unless the deliberate and malafide denial is apparent on face of it with all seriousness. Not even 0.01% of prayers in appeals/complaints for such remedies are considered. In case of Sec.19, applicant has submit first and second appeals with in prescribed time frame and can seek information as a right and can also pray for all remedies like imposing penalty for delay and for recommendation for disciplinary action.
    2 likes
  42. Always file application through hard copy by Registered post direct to the Authority, if you are not aware of the custodian of information. Go through rules, affix adhesive court fee stamp for Rs.10/- and file application in prescribed format.
    2 likes
  43. Kindly file a first appeal on the ground that, in accordance with the provision of section 2(f) of the RTI Act, 2005 the PIO ought to have accessed the information from a private body and provided the same to the RTI Applicant. Draft your first appeal by referring to the decision of the Delhi High Court in Telecom Regulatory Authority Of ... vs Kabir Shankar Bose. The said Delhi HC decision is attached herewith this post. TRAI_..._vs_Kabir_Shankar_Bose_on_20_November,_2018.PDF
    2 likes
  44. The grounds for appeal duly numbered as i to vi and prayer was incorporated in the earlier reply. In CP Act, there are two important issues involved. 1.You have to pay some kind of fee, consideration for availing a service/purchase a product. and must have promised or paid that consideration to opposite party. 2.The opposite party after receiving such consideration must have failed to perform his part of obligation that amounts to either negligence or deficiency of service and thus the complainant was deprived of the service assured by OP. 3.Then one has to approach to District forum stating as to what service was expected by complainant, what are the services provided generally by OP, what and when consideration was paid, how and when the OP failed to perform his obligation (deficiency of service), when a notice was issued showing such deficiency to OP, what was the reply by OP and what was required as remedy from OP by complainant. In a forum dedicated to RTI, members are not supposed to expect secretarial services pertaining to all acts but has to expect only precise guidance. Please do not quote all the replies as you are consuming most of the space for simple reply through the quotes. The reply at the maximum should be in three or four meaningful sentences and it is not possible to write essays and make it a booklet. Respect members time and levels of their patience.
    2 likes
  45. You have solicited following information from a Small savings a Public authority. "Please provide the certified copies of the following documents related to the loterries as per copy of lottery ticket submitted here Documents related to general administration, Organisational Structure, Rules, etc Sale of tickets, unsold tickets, Printing of tickets, Distribution of tickets, Prize structure, Lottery Draws, Publication of results, Prize and Agents Prize distribution, Income tax, Revenue collection, Profit and Loss details, Unclaimed Prizes,. The Director of Small savings and lotteries are not the custodian of the information pertaining to temple, and treating that the information may be available with such Mamalatdar, they have rightly transferred to him. Grounds for Appeal: i)The fact to be determined in this issue is "Who is the custodian of that information" ? ii)Mamalatdar has not stated that information is not available with him but stated that Temple is not a public authority, when the RTI Application was not made to the temple but Mamlatdar. iii)If the application is made to temple directly, then they can ignore the application stating that they are not public authority. iv)But in this case, Mamalat dar is denying information stating that Temple is not a public authority, ignoring the fact of the custodian of the so called information and not stated that the information is not available with him but stated that Temple is not a public authority. v)Even when temple is not a public authority, that information available with any Public Authority regarding such temple are Public record with that public authority. A document filed and in custody of a public authority in performing of their functions is a public document. vi)Hence the denial of information stating that temple is not a public authority is not proper, when that information is not stated as not available with him as public record. Mamalatdar must provide all the information on temple available with him as public record though it belongs to a private citizen or non public entity. Prayer: Please direct Mamalatdar to permit inspection of entire documents related first and then for providing certified copies of such temple documents available in his custody as public document. Go for First Appeal on the above grounds to FAA over Mamalatdar (He has not provided FAA details which are mandatory, include this also as grounds for first appeal) You can also explore possibility of issuing notice under CP Act to temple and file a complaint against temple management for deficiency of service is not providing the valid information.
    2 likes
  46. Dear Sunilji & Prasadji Thank you so much. I have filed RTI as per your suggestion. After that they started behaving well. I have already got my last month salary. They have replied by saying they processed my OM also. But have not yet received and therefore I filed an appeal. But I have to say. "The Power of RTI is great". They admitted I have no liability in RTI. They admitted they do not need No outstanding Liability certificate from me. Thank you so much. Rethi
    2 likes
  47. Remember, RTI is not a complaint or grievance redressal way. An Indian citizen can as a right can seek information from public authorities if that information is available in material form as public record and not exempted under RTI Act. In your case you can file RTI Application and seek laid down norms/orders/guidelines and free to use that document for remedy through HC (Writ mandamus) To my knowledge transport is treated as Public Utility and essential service and lockdown rules may not apply to certain employees performing such duties for COVID19. Application dt.4th Aug,2020 seeking information under RTI Act. Before: State Public Information officer, Telangana State RTC,................. Fee: Rs.10/- Adhesive court fee stamp. Applicant: Information solicited: 1.Please provide me certified copy of the laid down norm/order/circular/notification that mandates payment of full salary only to Lady employees alone. 2.Please inform the name, designation and mobile no. of the concerned official that has violated Govt directives for payment of full salary to employees who can not attend to duties during lock down period and stopped payment of full salary to male employees. 3.Please provide the certified copy of circular that mandates authorities to call for those employees for duties during lockdown period. Applicant.
    2 likes
  48. The first question is as to whether the Lottery is having such permissions/approvals/sanctions etc. Now that they have identified public authority, as the process has already started, wait for their response. Depending on their response you can go for first appeal if possible. It is still doubtful whether endowments/temples are Public authority or not. You ought to have asked whether the temple is having such permissions to conduct such lotteries and entire set of documents submitted by them temple authorities while seeking permission if any for conducting such lottery and approvals with such conditions by authorities.
    2 likes
  49. You can briefly narrate all your efforts and post the same in success story, so that other members can get inspiration from your efforts and perseverance.
    2 likes
  50. The first step before making application is to read the website of that Public authority a)to Locate correct PIO b)format of application, c)mode of remitting the prescribed fees. Once you search website of MCGM, go through RTI rules and regulations that state every thing as above. Always prefer Court fee stamp of Rs.10/- as RTI fee as this is simple. There is a format application prescribed for Maharashtra and use only prescribed format.
    2 likes
This leaderboard is set to Kolkata/GMT+05:30
  • Tell a friend

    Love RTI INDIA- Online RTI? Tell a friend!
  • Most Contributions

    1. karira
      karira
      43915
    2. Prasad GLN
      Prasad GLN
      32048
    3. RAVEENA_O
      RAVEENA_O
      18992
    4. ambrish.p
      ambrish.p
      16009
    5. jps50
      jps50
      15720
  • Most Solved

    Nothing has been solved this week.

  • Our picks

    • सड़क निर्माण में भ्रष्टाचार ना हो और पारदर्शिता के लिए आप चाहे तो निर्माण स्थल से #RTI के तहत निर्माण कार्य का सैंपल लेकर लैब में टेस्टिंग के लिए दे सकते है। http://rtiindia.org

       

      : https://righttoinformation.wiki/guide/applicant/application/sample/road-work
      • 0

        Reputation Points

      • 0 replies
    • Instances that involve disclosure of sensitive information, it may be rationale for the CPIO to ask for citizenship proof
      Information Commissioner Divya Prakash Sinha held that seeking citizenship proof in case of demand of sensitive information is justified but seeking a signed copy of the application does not seem appropriate as the online portal does not mandate uploading of signatures.
       
      Sinha was hearing the plea of an Odisha-based RTI applicant who had sought from the Army information regarding implementation of rules under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 in all defence establishments.
      The Army did not provide any information to the applicant, the CIC noted. Akhand approached the Commission with a complaint that the central public information officer (CPIO) of the Army has demanded a signed copy of his online RTI application as well as identity proof before providing him the records.
      “In this regard, it may be noted that as far as CPIO’s request for citizenship proof is concerned, the same is not questioned as Commission in its prior decision(s) has held the view that Armed Forces stand on a slightly different footing as there may be instances that involve disclosure of sensitive information, and for such reasons it may be rationale for the CPIO to ask for citizenship proof,” Sinha noted.
      Originally posted here!
       
      • 0 replies
    • 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
      • 3 replies
    • There can be no faith in government if our highest offices are excused from scrutiny - they should be setting the example of transparency.
      • 2

        Reputation Points

      • 0 replies
    • LUCKNOW: The Central government has provided categorized security cover to 308 persons, out of which 24 have been provided the highest Z-plus cover, according to the answer to an RTI query.


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

       
      • 2

        Reputation Points

      • 1 reply
  • Popular Contributors

    1. 1
      Prasad GLN
      Prasad GLN
      7
    2. 2
      ashakantasharma
      ashakantasharma
      2
    3. 3
      vijay_13
      vijay_13
      2
    4. 4
      garg0505
      garg0505
      1
  • Forum Statistics

    • Total Topics
      119.8k
    • Total Posts
      428.3k
  • Blog Statistics

    • Total Blogs
      2,814
    • Total Entries
      2,926
  • Who's Online (See full list)

    There are no registered users currently online

  • Member Statistics

    • Total Members
      489,755
    • Most Online
      12,211

    helpbot24
    Newest Member
    helpbot24
    Joined
×
×
  • Create New...

Important Information

By using this site, you agree to our Terms of Use & Privacy Policy