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  1. On 14.03.2018 a complaint was filed under RTI Act,2005 with CIC under section 20(1), on the grounds that the CPIO did not provide the information despite the orders of FAA. During the hearing the respondent CPIO of PMO office submitted that information had been provided to complainant vide letter dated 01.03.2018 through speed post. Whereas, the information wasn't received by me and after having hearing submission of both the parties and persuing the records the commission directs the respondent to resend the letter dated 01.03.2018 alongwith the proof of its dispatch including tracking number to the complainant within two weeks. Furthermore my complaint have been disposed of. The CPIO of PMO has coplience the orders of CIC and now I received the information alongwith proof of dispatch on 05.07.2019. Since the copy of reply furnished by CPIO of PMO is unprincipled and immature, & very much fishy. Therefore, expert advice is needed on the following issues 1. Can I still file my appeal against the reply of CPIO of PMO in the event of disposed of my complaint in CIC orders. For your convenience I am enclosing the CIC orders. .CIC Order on PMO CPIO
  2. This article has been posted at our #LawSegment . To read the full article follow this link: Give opportunity of hearing during second appeal and to subscribe to our daily mailer follow this link Join our free Right to Information Newsletter. Central Information Commission in one of the decision opined that “as far as possible give the appellant including the third party, if any, an opportunity of hearing specially if he so requests, without forgetting that the essence of RTI Act…Read more › The law segment is available here RTI INDIA - Invoking Your Rights Read the complete article here...
  3. State Information Commissioner (SIC) Punjab Mr. Surinder Awasthi on 27-01-2015 has dismissed RTI Complaint Case No. 151 of 2014 with a remarks that :- "In the light of the foregoing, the instant case is closed and disposed of with a direction that no further complaints/ appeals or requests under RTI be entertained from the said complainant." not only this, SIC Punjab also register a complaint with local police authority at Sector-17 Chandigarh Police Station alleging misbehavior by the complainant and his indiscipline, foul language during the hearing. Copy of SIC Punjab order dated 27-1-15 is enclosed with some news reports. If Right to Information is our Fundamental Rights (as ruled by Hon'ble Supreme Court), than whether SIC has a power to block it ? or to use non-standard behavior towards the complainant / appellant ? SIC Pb. Final Orders_27-1-15(HS).doc Police Complaint by SIC Pb - face2news.pdf Police Complaint by SIC - Punjab Kesri.pdf
  4. Hi Apologies for making this quit long i am in an emergency situation so i am casting all my doubted in here as i have no time to ask them on by one kindly take time to help me. I had recently filed an RTI request through the online system to the Department of telecom. As this was disposed of stating no reason or reply other that a letter that stated that this request was forwarded to another wing of the same department. I filed an appeal that too online but after a while i received a registered letter from the department of telecom which had the same letter stating the transfer of RTI that was attached earlier with the final decision to dispose of the RTI. After two day i received a letter from the fore said office to whom the RTI was transferred stating that the information sought in the Rti handed cover to them is not available and an appeal can be filed to the appellate authority of that office.But i thought that filling appeal directly to that appellate authority would undermine my grounds for a second appeal i file the appeal online.Soon i got information that the appeal was transferred to the concerned appellate authority but it too was disposed of citing no reasons. So now i am confused about filling the second appeal to CIC as i haven't received the hard copy of the decision of the appellate authority which should to attached with the second appeal.It has been 33 days since the RTI request was filed online and 6 days since the appeal was disposed of. To whom should the advance copies of the rti request and appeal be sent to while filling the second appeal to CIC whether to the Department of telecom or to the office to whom the RTI was transferred to.There is no mention of the appellate authority in the online platform so to which appellate authority should the copies be sent to. Would it be enough to attach the online print out of Rti request and appeal and what date should be mention in the second appeal regarding the date of filling the appeal and rti request etc.
  5. nayudu

    Aftter SA Hearing

    SA Hearing happened on 27th May 2015 from AP SIC , any idea how long it would normally take to get the orders dispatched , if there is any delay what options available.
  6. In my case PIO didn't provide any information. In past i approach him personally and he misbehave with me which i have already shared in this portal. Yesterday i received FAA order saying that PIO had given information. In most cases they send letters in back date with ordinary post. What to do now?
  7. Hi, There was a hearing of my case in SIC-UP in November-14. I was not attended the hearing, as i got the SIC letter before a night of hearing. Although letter was written by SIC to SPIO and copy to me, SIC asked SPIO to be present in hearing to give the explanation that why information was not provided to me. I have send the email to SIC regarding my absence, and availability on phone if required. But till now, i have not received any information regarding the decision of SIC. Please suggest, to whom should i write the letter, respective State Information Commissioner or SPIO of Commission to get the copy of SIC decision http://upsic.up.nic.in/] Regards, Manoj
  8. hello: I am suppose to attend my appeal hearing first time in my life on Jan 27 front of FAA and need important help regarding 1. what would be FAA's behaviour, what should i do at that time if FAA behave rudely and does not answers properly (as about to happen in my case)FAA is senior enviroment engineer and whole staff will favour him, what should i do or behave a that time? 2. do I need to be prepared with any ready application to submit at time of attending hearing. 3. FAA along with me has ordered PIO and law officer to be present on hearing...so what is the role of law officer... do I need to prepare anything for him? please guide me regarding what kind of experience it would be and..... things I should take care of?
  9. Dear Esteemed Members of this August Forum, Today the Hon'ble State Information Commissioner, Haryana Mr. Shiv Raman Gaur (IAS) heard the following four cases of undersigned and issued orders which are as follows: 1) Case number 5808 of 2014 titled Harinder Dhingra Vs Regional Transport Authority, Gurgaon. The undersigned sought information from RTA, Gurgaon about letters and documents sent for verification of vehicles registration to any of transport offices. 2. Date of dispatch, Mode of dispatch and address at which above mentioned letters and documents has been sent. 3. Please provide name and designation of Public Authority/ Office find Section/ Department where the above mentioned application' is currently pending? 4. If above mentioned application has been already processed, kindly provide Vehicle Registration Number assigned for this application. The learned SPIO cum RTI, Gurgaon Mr. Khatri did not provide any information. Filed first appeal but again no information was provided. Filed second appeal, HSIC ordered (Copy Enclosed) on 16th January 2015 to provide complete information in two weeks but issued show cause notice for 27th March 2015 as to why maximum penalty of Rs. 25000/- be not imposed but again the learned SPIO cum AS, RTA, Gurgaon did not provide any response. At today's hearig, no one from RTA, Gurgaon was present, taking a serious view the Hon'ble SIC imposed a penalty of Rs. 25000/- was imposed. 2) Case number 8394 of 2014 titled Harinder Dhingra Vs Regional Transport Authority, Gurgaon. The undersigned sought information from RTA, Gurgaon about number of Vehicles (Commercial and or otherwise) registered with/by your authority during April 2012- March 2013 including the details of vehicle such as make, place of sale & transferred from other places; As per section 2U)(i) of the Right to Information Act 2005. I wish to inspect all the files related to this issue, including flle notings etc. Kindly let me know at the earliest the location of the files and the date,time and venue where I can come and inspect the files. The learned SPIO cum RTI, Gurgaon Mr. Khatri did not provide any information. Filed first appeal but again no information was provided. Filed second appeal, HSIC Mr. Shiv Raman Gaur (IAS) heard the case in Gurgaon and directed to provide information in two weeks and issued show cause notice to RTA, Gurgaon as to why maximum penalty of Rs 25000/- be not imposed.. 3) Case number 7797 of 2014 titled harinder dhingra Vs City Magistrate, Gurgaon The undersigned sought information about mandatory registration of property dealers in Gurgaon by the office of D C , Gurgaon. I sought information on for property dealers of Gurgaon/working in Gurgaon to get themselves registered with the Deputy Commissioner of Gurgaon; Kindly provide the copy of Gazette notification issued in 2009 making it mandatory for property dealers of Gurgaon/working in Gurgaon to get themselves registered with the Deputy Commissioner of Gurgaon; Kindly provide the copy/ies of mandatory disclosure as stipulated under Section 4(1)(b)(xiii) of RTI Act 2005 in which the details of authorizations /Licence granted to Property Dealers of Gurgaon since the issuance of Gazetted notification in 2009 on the above mentioned subject; The City Magistrate, Gurgaon vides his letter number 7109/RT dated 29th Sep 2014 provided information on para 2). Filed first appeal with D C Gurgaon, who also ordered to provide information but was not provided. Filed Second appeal with Hon'ble SIC who while hearing case today ordered to put details of all property dealers who are registered with government on its web-site so that people know the legal property dealers in Gurgaon to Check growing menace of cheating; 4) Case number 5365 of 2014 Harinder Dhingra Vs City Magistrate, Rewari The undersigned filed RTI on 4/6th Feb 2014 asking for copy of records duly catalogued and indexed in a manner and the form which facilitates the right to information under RTIAct 2005 as on date or the latest as the case may be, by your office namely Office of the D C Rewari, The Learned SPIO cum CTM, Rewari provided some information but partly. Filed first appeal with D C Rewari who also ordered to provide information but not provided. Filed second appeal and in todays hearing held in Gurgaon, the Hon'ble SIC Mr S R Gaur (IAS) ordered D C Rewari office to complete the compliance of Section 4(1)(a) of RTI Act 2005 within THREE WEEKS. I am enclosing all the relevant records. Harinder Dhingra RTA_Gurgaon_5808_of_20140001.pdf RTA_Gurgaon_8394_of_20140001.pdf City_Magistrate_Gurgaon_7797_of_20140001.pdf rti dc reg property dealer licence.doc Deputy_Commissioner_Rewari_5365_of_20140001.pdf
  10. Hello, What happens inthe second appeal hearing? is an appellant need to submit any affidavit? Pls provide some tips... Thanks and Regards Sunil
  11. my second appeal whose hearing took place on 25-02-2015 through video conference was favourably disposed as the CIC sri.Basanth seth asked to furnish information against two vital points out of five of which two are relating to complaints against the official which he said cannot be permitted as per high court judgement and the fifth querry is optional one and therefore became infructious thus the whole information which was denied was successfully obtained ., the success goes to our RTI forum.
  12. Hearing of first appeal by FAA a must after issue of hearing notice The CIC has ruled that it is mandatory for a FAA to conduct a proper hearing after issuing a Notice of Hearing to the appellant. Otherwise the order of the FAA can be set aside. Summary: 1. Passing orders in first appeal without hearing or sending hearing notice is illegaland will render the order invalid. The Commission sets aside the order of FirstAppellate Authority for violating RTI Act and breach of natural justice by denying theappellant a chance of presenting his case and by raising entirely a new defencewhich was never claimed. Commission finds it deserves action though theconcerned officer retired from service and recommends Public Authority to initiatedisciplinary action against the concerned FAO for acting totally against the RTI Actin this case. First Appeal hearing mandatory.pdf
  13. karira has just uploaded Allahabad HC: Court cannot direct early hearing in SIC without appellant follow up! The Allahabad HC has disposed a petition of an RTI appellant praying that SIC should hear his matter expeditiously by ru
  14. today at 10:30AM I attended phonic hearing with CIC sri,Basanth seth from Hyderabad as an authorised representative , one lady applicant of PortBlair ,Andaman &Nicobar . and the CPIO who originally refused information quoting section-8(1)(h)has now finally agreed before the CIC to supply full information against the five points asked for thus it is a good success. at 12:00 PM I also attended video conference my own case against BSNL-CPIO who refused information totally against four points quoting section-8(1)(j) and section-11 third party, sri Basanth seth was again the CIC and I pressed for information and he cleared two vital points to be replied and the other two points the honourable CIC said there are judgements of Bombay, Jabalpur high courts and he cannot order CPIO against the judgements.However I got the vital information I required and this also can be taken as a success. I intoduce myself as member of RTI-India organisation and is an activist and the honourable CIC was very happy and cardial during thwe hearing. this is success of our forum and not of koteswararao alone.
  15. Hello, 1.I filed a complaint with Director Local Bodies (DLB),Rajasthan regarding irregularities in issuing licence under Rajasthan Municipal act in a specific case. 2.DLB forwarded my complaint to Commissioner (HQ),Jaipur Nagar Nigam for necessary action and information to me of action taken. 3.Commissioner( HQ) in turn forwarded the same to Commissioner,Sanganer Zone due to the jurisdiction. 4.Since there was no intimation of action to me, I filed RTI application with Commissioner (HQ) but no reply about action taken on my complaint with DLB. 5.I filed first appeal with FAA and he passed order in my favour but no response to my RTI application. Meanwhile,Commissioner (HQ) transferred file to Commissoner Sanganer Zone. 5.I filed a complaint with SIC . 6.SIC Secretary called both i.e.applicant and PIO for settlement under new procedure called 'Miscellaneous Application'. 6.I attended but no one came from PIO side and few days later I received some papers . 7.Commissioner ,Sanganer Zone, claims that he has not received the papers sent by Commissioner( HQ) and hence there is no information on action taken. He claims to have received other papers under this reference number. 8.Now,hearing has been fixed in next week with SIC. 9.I understand that advocate appearing on their behalf will take the same plea that when no papers have been received by them ,they are under no liability to provide information. 10.How can Commissioner (HQ)be implicated for not acting on the information to him about loss of papers related to complaint under RTI act. 11.Having attended few SIC appeals,I suspect that their advocate will take this plea that no information can be provided for lost documents. 12. For fixing responsibility,file another RTI or complaint. I request honorable moderators to guide me in this matter to fix the responsibility on Commissioner HQ,otherwise for me it will be a lost battle and I will have to start from scratch. Thanks and regards
  16. Team, Thanks for all the valuable support, please find attached the order copy showing the best judgements taken by State Information Commissioner, Haryana. Really he had provided me so much help. 1. would request you to please help me in explaining the following order given by SIC: Since Sh. S.K. Jain, SPIO has failed to turn up to Show cause notice, bailabe warrants be issued against Sh. S.K.Jain under Section 18(3) of RTI Act-2005 read with Code of Civil Procedure,1908, with the directions to the Superintendent of Police, Mahendergarh at Narnaul to serve the warrants. 2. SIC has ordered me for the inspection on 16 Jan 2015, Still I need one more chance for the inspection, please suggest how can I approach the SIC to provide me one chance to inspect the records. 3. Please guide what should be my next step, as I am not satisfied with the inspection provided to me. 4. Please guide what should I reply to SIC, in reply to the attached order. Regards Rajender Soni test.pdf
  17. Hello Everyone! Early this year I had filed Tax Evasion Petition along with RTI to have FIL, MIL, Miss 498a's IT Records and PAN no, however it was rejected Under RTI Section 8 (1i) (j). And, had cited following judgements 1) ISCKON Bangalore V/S DGIT (Exemption) New Delhi Dated 20.10.2006 2> Girish Ramchandra Deshpande v/s CIC # 27734 of 2012 dated October 3, 2012 3> Shri Varadnayak vs commisioner of Income Tax (CIC Decision dated) 25.06.2007 Than, went for first appeal with many citation such as CIC Shri Wajahat Habibullah of CIC bearing no CIC/WB/A/2007/00064 dated 19-11-2007, Central Information Commissioner Shri M.L.Shrma wide Decision No. CIC/AT/A/2008/01389 dated 28-01-2009 etc.. CPI was generous enough to call me for personal hearing by giving two days notice period, where I would need Night + Half day to reach there. Anyway, can some one help me to prepare for this first appeal hearing .. Shall greatly appreciate your help.. Thank you very much ..
  18. dwitadatta

    video footage of my Hearing

    Hello, Can I have the video footage of my Hearing held in CIC as CIC itself also comes under the RTI Act?
  19. R/Seniors, I have filed an RTI to get the roles and responsibilities of the Deputy Commissioner of Rewari. All the papers are attached herewith. Would request the team members and the Seniors of the forum - RTIINDIA.ORG to please guide me to get myself ready for the hearing of the Second Appeal. Regards Rajender Soni dc.pdf
  20. Hello sir I need help. I have applied for first appeal. Within how many days hearing should be done? If the hearing results on my favor, with in how many days PIO should give the information from the hearing date? Thanks.
  21. SIC no to making service books of 164 officers public The Madhya Pradesh State Information Commission has quashed the order of first appellate officer in which it was directed topublic information officer to provide free of charge information of service books of 164 officers and employees. Generally, the citizens make second (final) appeal to the Commission against appellate officer and public information officer. In a rare case, a public information officer lodges second appeal against the appellate officer.The Commission in its hearing by its commissioner Atmadeep accepted the appeal and rejected the order of the first appellate officer. The rejection of the order will lead to a stop on making personal information public of more than 150 officers and employees along with principal of Govt. Kamlaraja Girls PG Autonomous College, Gwalior. Read More: SIC no to making service books of 164 officers public - Free Press Journal
  22. This article has been posted at our Law segment. To read the full article follow this link: Man ran pillar to post to know BSNL complaint redressal mechanism BSNL delayed responding to an RTI applicant by more than one and half years which sought to know the BSNL complaint redressal mechanism itself and then provided information a day before the case was listed for hearing at Central Information…Read more › The law segment is available here RTI INDIA Read the complete article here...
  23. Hearing by 1st Appellate Authority of RTI whether must - Delhi High Court issues Notice to DoPT and UPSC We have filed a Writ Petition in the Hon'ble Delhi High Court [ W.P. © 3606/2014 ] raising following issues in relation to the non-hearing of Appellant by the 1st Appellate Authority under RTI :- Most of the 1st Appellate Authorities under RTI are not granting personal hearings to the Appellants despite their specific requests. 1st Appeals are being decided ex-party at the back of the Appellant by mere considering the reply/comments of the CPIO on the Appeal and even copies of these replies and comments are not provided to the Appellants. The 1st Appellate Authorities are ignoring large number of CIC decisions wherein it is held that when an Appellant request for hearing, the 1st Appellate Authority must grant hearing. Deciding of the Appeal without hearing is violation of the principles of natural justice and contrary to the Supreme Court decision in the case of Maneka Gandhi v. Union of India (AIR 1978 SC 597), Canara Bank v. Shri Debasis Das (AIR 2003 SC 2041), Manohar v. State of Maharashtra (Civil Appeal No. 9095 of 2012 decided on 13-12-2012) Hon'ble Justice Manmohan of Delhi High Court on 29-05-2014 issued Notice to DoPT and UPSC in the aforesaid matter and passed the following order :- "Learned counsel for petitioner states that first appeals under the Right to Information Act, 2005 are being disposed of without giving any hearing. He submits that the practice being followed by the Appellate Authorities is in violation of principles of natural justice. Issue notice." Copy of the High Court order dated 29-05-2014 is attached. With kind regards R.K. Jain Hearing by 1st Appellate Authority must - Delhi High Court issues Notice.docx
  24. Since the appellant pays 20 rupees for the first appeal, and even after 45 days from the FAA receiving the Appeal, the FAA does not hold a hearing on the matter, does the appellant file a consumer complaint with consumer court for no hearing as a "deficiency in service", since the second appeal nowadays would take no less than 2 years to be heard.
  25. Copied the following from a post in another RTI related group: Dear friends, Under Sections 18, 19 and 20 of RTI Act, the Information Commission has been empowered to receive, hear, enquire and dispose the Complaints and Second Appeals and also to impose penalty on defaulting PIOs as and where required. Needless to say, the hearing of the cases is crucial in the entire process of disposal of a case, simply for the reason that it gives an opportunity of hearing to the concerned PIO, on whom lies the burden of proof as to whether he acted diligently to provide the requested information to the applicant. It is also important because the complainant/petitioner might raise a slew of critical issues on account of which the RTI users like him were deprived of access to information sought for, and which the Commission as per Section 19(8) should address to for a better administration of RTI regime in the concerned public authority in future. But unfortunately, Odisha Information Commission has been found unilaterally disposing a large bulk of the cases without holding any hearing on them. It neither makes an enquiry nor gives anopportunity of hearing to any party to the case. It has been further noticed that while disposing the cases in the above manner, the Commission generally directs the concerned 1st Appellate Authority to dispose the case at their level and ask the concerned complainant, if necessary to approach the Commission again in the form of a complaint or second appeal, in case he or she is dissatisfied with the decision of 1st Appellate Authority. To ascertain the number of cases disposed by the Commission in the arbitrary manner as mentioned above, an RTI Application was submitted to the office of Odisha Information Commission and the information received in response thereto is as follows- Cases disposed by the Commission without hearing in 4 month period. Month of 2011 State Chief Information Commissioner Mr. Jagadanand, SIC Mr. Pramod Mohanty, SIC No. of Complaint cases disposed No. of second appeal cases disposed No. of Complaint cases disposed No. of second appeal cases disposed No. of Complaint cases disposed No. of second appeal cases disposed August 54 NIL 77 Nil 156 Nil September 63 NIL 59 Nil 123 Nil October 107 NIL 24 Nil 82 Nil November 150 NIL 160 Nil 283 Nil Total 374 NIL 320 Nil 644 Nil ( Information obtained through RTI on dt. 28.12.2011) Remarks a. From the above table it is learnt that within period of four months (August – November 2011), the Commission has unilaterally and arbitrarily disposed a total of 1338 cases. If extrapolated, the figures for the year would amount to approximately. 5352. b. When inquired about “ why the Commission adopts such arbitrary method of disposing the cases, the clarification cited by the Commission is that as a large bulk of the cases is pending in the Commission, there is no option except this procedure for disposing the cases with a view to reduce the volume of pendency. c. When enquired about the rate of compliance (providing information to the complainant), the response of the Commission was “ no such record is maintained by the Commission”. It means that the Commission is concerned about the rate of disposal of cases in its own arbitrary, but not so about the actual rate of compliance of its orders for providing the information to the deprived applicants. Therefore, the claim of the Commission in public forums that that there was compliance to the Commission’s orders to the extent of 90 % is false and deserves to be discarded. D. Let us go to other side of the story. In large number of cases ( such as for instance CC No- 4165/2011 and CC No.- 2/2011) the 1st Appellate Authorities are neither hearing nor disposing the cases. In fact, the cases unilaterally disposed by the Commission are old ones which require immediate hearing and immediate delivery of information to the complainants and penalty against the defaulter PIOs. As the Commission doesn’t enforce actual compliance in terms of delivery of information to the complainants and no penalty is imposed on erring PIOs for their failure to provide the information, the net result is widespread discontentment and anger created among the deprived citizens. In a situation where the Complainant has at long last been ditched by the Commission, he simply feels hopeless about approaching the Commission again in the manner of filing a complaint or second appeal. There is only a burning anger and frustration left in them. It has been gathered from the sources close to the complainants that huge numbers of cases disposed unilaterally by the Commission has not resulted in any delivery of information the complainants had asked for but were unduly refused. Though some complainants have filed again theprevious cases to the Commission, the latter s yet to begin deciding them. e. The above procedure adopted by the Commission has encouraged the PIOs to disregard the RTI Act altogether . They are showing a careless attitude to the RTI applications, being overconfident that there is no fear of penalty from the Commission. The Commission may feel a self-congratulatory satisfaction by dishing out the figures of reduced pendency, but in the process they have made RTI Act a casualty of their arbitrary rule. It would result in growing frustration and hopelessness among the RTI users and further boost to corruption and misfeasance across the state. Pradip Pradhan Date-7.1.2012
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