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  1. As reported at timesofindia.indiatimes.com on 7 February 2012 PUNE: An unholy alliance of corrupt people in the society and a number of government officials are misusing the Right to Information (RTI) Act and thereby delaying justice to the common man, state information commissioner Vijay Kuvalekar said on Monday Kuvalekar, who retires on Tuesday, was addressing a press conference on completion of five years in office. He had taken charge as commissioner of the Pune division on February 8, 2007. He said there are instances where people have filed a large number of RTI applications, thus slowing down the information-providing process and inconveniencing citizens whose queries are genuine. "There are people who have filed 150 applications at one time. Such activities are growing and this by itself is a very serious matter. The mindset of the society and that of these people needs to change to curb such activities," Kuvalekar added. Speaking about the functioning of the system, he said, "I found senior officials reluctant to respond effectively to the RTI Act, the reason is their unwillingness to change the status quo. Officials who have joined office recently have realised that if they implement the RTI effectively, it eases their workload and reduces pressure while taking policy decisions. These officials are pro-RTI and its effective use for efficient governance." But the office of the information commissioner itself is similar to any other government office, Kuvalekar said. "There is a shortage of staff and instead of equipping the RTI office with more stenographers, there are more clerk-level officials. I have already moved a proposal to change the staffing pattern of the office to ensure its speedy functioning. The state government's nod is awaited," he said. "RTI activism has so far remained limited to the urban areas with a focus on civic issues. The economically weaker sections in society are still unaware of the gravity and power of the RTI Act." and how it could be helpful for them. The government has allocated some funds, which are utilised by various non-governmental organisations for spreading awareness about the Act, but the economically weaker section is yet to use it effectively, he added. Meanwhile, before Kuvalekar took charge, there were 2,800 appeals pending with the office. Till January 31, 2012, Kuvalekar's office admitted 16,593 appeals and disposed 12,608 of them. It also received 835 complaints of which 686 were cleared. There are 113 people who have a record of filing more than five appeals at one time, he added.
  2. As reported by Radheshyam Jadhav at timesofindia.indiatimes.com on Nov 3, 2011 PUNE: The Right to Information (RTI) Act is once again on the Congress's radar. After Prime Minister Manmohan Singh expressed apprehension over the Act, chief minister Prithviraj Chavan has attributed the slow pace of his government to the feather in UPA's cap. The chief minister, accused of being a 'slow mover' when it comes to clearing files and taking policy decisions, said in Pune on Monday that because of the RTI Act any file could become public and hence he has to go slow on decision-making and scrutinise each and every document. "As chief minister I have to take many decisions and you have seen the consequences of one wrong signature," Chavan said, indirectly referring to the Adarsh scam which was exposed after an RTI query and had forced Ashok Chavan's ouster from the CM's post. "Now with the RTI in force, all files could be accessed by anyone and that's why one has to be very cautious," he added at a Congress rally in the city. A section of the Congress ministers and party leaders, along with alliance partner Nationalist Congress Party, has repeatedly questioned Chavan's 'slow pace' and even complained to their high commands about his slow style of clearing files. "When I came to Maharashtra, the atmosphere was murky for the party. Soniaji had given me clear directions. There was a gloomy mood in the administration, works were halted and the overall atmosphere was not healthy. I was directed to bring stability and negate the negativity," Chavan said. He claimed that he has succeeded in the task. "Now there is stability and works have started. But any single mistake can cost heavily and, hence, we are cautious. The Congress introduced the RTI Act to bring transparency in administration and governance. But there are people who seek information even from the Prime Minister's office. This was not possible before the Act was introduced." Chavan referred to the March 25 note, 'seen' by Union minister Pranab Mukherjee, which became a weapon in the hands of the opposition and the government's detractors like Subramanian Swamy because it suggested that jailed DMK leader and former Union minister A. Raja would have been forced to cancel allocation of 2G licences if the finance ministry under P. Chidambaram had insisted on auctioning the 2G spectrum. "There are many decisions which involved error of judgment and no one imagined that the RTI would bring these decisions to public view. With all the information suddenly becoming public, there is a perception that all mismanagements are happening now. Some of our colleagues were punished severely after such information came out," said Chavan, without naming Congress MP Suresh Kalmadi and former chief minister Ashok Chavan. Chavan's objections on the RTI have the backdrop of Prime Minister Manmohan Singh's speech last month. Addressing the annual convention of the Central Information Commission in New Delhi, Singh endorsed the concerns of his ministerial colleagues over the Right to Information, saying that the transparency enabler should not adversely affect deliberations in the government and deter honest officials from expressing their views on file. While hailing the RTI's extensive use and underlining his government's intent to strengthen the law, the PM said that there was a need to strike a fine balance between the need for information and the vexatious demands that did not have a bearing on public interest. He cautioned that making a point of view public in an 'isolated manner' may present a distorted picture of how a decision was arrived. "The RTI should not affect deliberative processes in the government," Singh said. RTI unease Till recently, the Congress leaders have regularly touted the RTI Act, along with the rural employment guarantee scheme, to burnish their pro-people credentials. But the transparency measure seems to have boomeranged, going by the unease of senior ministers like M Veerappa Moily and Salman Khurshid that the RTI is revealing more than it should. The law came into being, despite misgivings of the bureaucracy and politicians, due to the strong impetus provided by Sonia Gandhi. But it has become a thorn in the flesh for a government reeling under corruption scandals. The RTI revelation on the finance ministry's controversial 2G note blaming home minister P Chidambaram for not insisting on auctioning the spectrum has proved the last straw for the government. Law minister Salman Khurshid has said that the RTI was affecting the functioning of the government when it reveals confidential communication between a minister and the PM. The 2G and Commonwealth Games graft cases have seen reams of documents being made public. This has helped in maintaining pressure on government not to go slow in investigations. Media reports have also been taken note of by courts in deciding whether investigations were to be monitored. Moily had also said that the RTI was being misused and incorrect inferences were drawn from such disclosures. He said this would lead to officers hesitating to work and hiding information. The government has tried to prune the RTI earlier also but the effort saw it at odds with the Sonia-led National Advisory Council. Despite the accolades that the RTI has received and Sonia's support for it, it seems that the government is turning conservative over how the law is to be used as letters and documents have been used as politically flammable material by the opposition that has targeted the government.
  3. As reported by Santosh Tiwari at business-standard.com on September 25, 2011 Investigating and law enforcement agencies are concerned over the growing number of attempts to misuse Right to Information (RTI) to settle personal scores and animosities, and make personal gains. A senior official from one of the investigating agencies told Business Standard that serious concerns were raised in several meetings convened by the government with the Income Tax Department, the Central Bureau of Investigation (CBI) and others in the recent past. “It has been pointed out that steps are needed to balance the RTI provisions, privacy concerns and protection of individuals and institutions from misuse of any information acquired through RTI,” the official said. He added, the discussion on the proposed Right to Privacy Bill had been broadened to cover this aspect. “It has also been felt that the RTI Act should have provisions so that frivolous complaints and RTI applications are dealt with a firm hand,” he said. The issue was also part of the meeting of the officials from these agencies and also from the concerned ministries, including the ministry of home affairs, called by the Department of Personnel and Training (DoPT) this week. CBI, the Enforcement Directorate (ED), the investigation wing of the Income Tax department, the Narcotics Control Bureau, the Directorate of Revenue Intelligence (DRI) and Delhi Police are all concerned. “It has been seen that the RTI Act is often misused for settling personal scores and grudges,” the official said. The applications aimed at misusing RTI have emerged as a major problem in the dowry and income tax related cases. Outlining the problem, a senior Income Tax official said: “Earlier people would send complaint against an individual first and then file RTI to get the details about tax payments and income. The situation has changed. The complaint and the RTI are coming together and they demand information within a month.” The investigating agencies have stressed that the endeavour to derail critical investigations by seeking information through RTI is emerging as a big issue, the official said. “If the official handling the RTI application is amenable to manipulation, the results could be dangerous,” he added. Explaining the extent of the problem, he said in one of the RTI applications it had been demanded that information should be provided on the postings of a particular army official in different armed forces bases.
  4. Loosely translated from maharashtratimes.indiatimes.com on 6 Sep 2011 "The 'Self professed' social activist Anna Hazare, and his team, is corrupt to the core, and they misuse the RTI Act to blackmail people" claimed the Youth and sports Minister of Maharashtra, Padmakar Valvi at a program at Nandurbar. He said "Just like in the Central government, we sanctioned a Right to Information Act in Maharashtra as per the demand of Anna Hazare. But the Act has brought no benefit to common man. Its sole beneficiary is Anna Hazare, who is involved in corrupt practices by misusing RTI and blackmailing officers. The irony is that, such a corrupt person is making claim of fighting against corruption" Other leaders from the district, who attended the program, also made similar remarks against Anna Hazare. these included local MLA Chandrakant Raghuvanshi, manikrao Gavit, Swarupsingh Naik, etc. His sstatements may increase the headache of Maharashtra PCC Chief Manikrao Thakare and CM Prithviraj Chauhan. The Central leadership is trying to create an image of a governemnt sensitive to Anna Hazares'd dmand. Now the state leadership may find itself in a position do defend or disown a minister in its cabinet on this issue.
  5. VARMAAJAY1963

    Introduction

    Dear friends, I am happy to join your community and hope that I will be able to contribute towards the strengthen the spirit of the right conferred under this act. I also expect that you all will support me to fight against the misuse of this act for the settlement of personal scores and waste of scarce man power and time, which should be utilized for aspirants of information, who need it for the genuine and good reasons. With best wishes, Ajay Varma
  6. As reported at indianexpress.com on Nov 11, 2009 The most responsible person in a department should be made the Public Information Officer (PIO) and not the most incompetent one, as was the practice. This was the consensus that emerged at a seminar organised by Direct Taxes Regional Training Institute on the ‘RTI Act: The Progress So Far and the Road Ahead’ on Tuesday. Giving an instance, former Chief Information Commissioner of Punjab Rajan Kashyap said during his tenure he discovered that the Punjab Police was most efficient in giving information as the PIOs in all districts were SSPs and the first appellate authority was the ADGP. “Having a senior officer as the PIO ensures that the information is provided on time,” he said. Punjab State Information Commissioner Rupan Deol Bajaj said, “Locate the smartest person in your office and depute him as the PIO. It has been seen that some offices, considering the RTI Act as a burden, were appointing the most incompetent employee to the post.” Asserting that the RTI Act is a two-way street, she said, “An efficient PIO will not only provide correct information to the applicant, but while compiling data will also find out lacunae in the functioning of the department and report it to the higher authorities. Sometimes information sought may be an eye-opener for the department.” Arvind Kejriwal, Ramon Magsaysay award winner and social activist, said the bureaucracy needs to change its mindset. “Corrupt officials not giving information is understood. But it’s the honest ones who resist the most, as they feel that why should they give information when they have done no wrong. This age-old mentality needs to change.” MISUSE OF THE LAW Drawing the attention of experts towards the misuse of the Act, Chief Commissioner of Income Tax P K Chopra said some people send in RTI applications daily, giving no time to the officer to attend to his office. Qaiser Shamim, an IRS officer, said a few days ago, his office received a letter by a person declaring his assets on which he has never paid income tax. “Interestingly, the last line in the letter said in a threatening tone that soon an RTI application would be filed,” he said, adding that some miscreants have been using RTI to stop officers from taking action against them. SIC Rupan Deol Bajaj appealed to the people not to use the Act to test the system, and asked the information commissions to take an overall view of the cases. She said the new threat being heard in the government corridors was, “RTI paa doonga (I will file an RTI application). Citizens should ask for only that information, which is humanly possible to compile in 30 days.” Source: Make smartest employee of dept PIO: Rupen Deol Bajaj
  7. As reported by Neeraj Chauhan at indianexpress.com on 16 June 2009 An unknown person sent a RTI application to the Delhi government, seeking information on various prisoners in Central Jail (Tihar), in the name of Ravi Kant Sharma, the IPS officer convicted in the Shivani Bhatnagar murder case currently lodged in Jail no.1, in an apparent case of misuse of the RTI Act. The application was sent to the Delhi Sentence Review Board (Delhi government) on March 30 this year, after which it was forwarded to Tihar Jail authorities. When jail authorities responded to these queries and told Sharma about them, he told them he did not send the application in the first place. The applicant had signed the application in Sharma’s name in Hindi. Sharma, however, said that those were not his signatures. The truth about the false application came to light on June 12. “It was only after we approached Sharma that we came to know that his name was used by somebody from outside. It is a very serious issue because the information would have gone to somebody else,” an officer said. The application sought information about prisoners in Tihar and about welfare programmes for them. The Tihar authorities replied to most queries with specific numbers but failed to identify earlier that somebody had misled them. Source: Unknown person files RTI application in RK Sharma’s name
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