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  1. Public authorities are not too sure as to what they should do if they receive a request for information, particularly when they are not a CPIO or CAPIO. A. WHEN REQUEST RECEIVED FROM THE PUBLIC 1. They should return back the request saying that they are not competent under the RTI Act, or, ] 2. They should inform the correct CPIO/CAPIO detail where the request should go, or, 3. They should forward the application to their immediate CPIO (of their organisation) under intimation to the applicant? B. WHEN REQUEST COMES FROM ANY CPIO FROM ANOTHER ORGANISATION (It is not clear as to whether any other CPIO can directly write to an authority for providing information, or he has to write to the concerned CPIO only. 1. The request from another CPIO is to be forwarded to one's CPIO or, 2. The information has to be directly given to the CPIO who has asked for it (in such a case who would decide as to whether the information can be provided on the request of the applicant)
  2. As posted by Yahoo News on 16 January 2008: Jharkhand files petition against CIC order - Yahoo! India News Jharkhand files petition against CIC order Wed, Jan 16 02:45 AM The Jharkhand State Information Commission (JSIC) may soon have some clarifications to provide to the High Court regarding its jurisdiction to impose penalty on officers of the state Government. The state Government has filed a writ petition in the Jharkhand High Court, challenging CIC Harshanker Prasad's order slapping a fine on its senior officer for not providing peons to JSIC. Prasad has claimed that he is prepared to reply to the petition filed by the state's Personnel Department (PD) on January 3. "I will reply as and when the court asks me to do so," he said. However, the court has not yet responded to the petition that involves a resident of Palamau, Binod Prajapati. Prajapati had approached the JSIC with a complaint that Palamau District Education Officer had not furnished information sought by him last year under the RTI Act. While disposing of the case in his favour, Prasad in his order, dated December 20, complained about the shortage of 'good' staff in the JSIC and held then PD Secretary S K Satpati, an IAS officer of 1986 batch, responsible for it. "Several letters were written and the Commission also desired that seven peons be deputed. But the PD deemed it fit to post some assistants who were not equipped to do the job. For non-cooperation and failure in performing statutory duty of providing personnel, the Commission, under Section 19 (8 read with Section 20 of the RTI), imposes a penalty of Rs 5,000 on Satpati. The penalty will be deducted from his salary in five monthly installments of Rs 1,000 each, beginning from January," stated Prasad in his order. The PD's secretary R S Sharma, who succeeded Satpati recently, moved the court with a writ seeking to quash this order. "The main question involved in the case is whether the CIC has any jurisdiction to pass any order against the petitioner in an appeal wherein he is not a party," asked the petition. Another question was whether the law conferred any jurisdiction upon the JSIC to impose punishment not violative of the RTI Act. "We are waiting for the court to hear our submissions," said Sharma.
  3. I don't know whether this is the right place to post my query. My query is that there is a open manhole in our area since monsoon. It was made open to drain strom water, but now monsoon has been passed. The municipal officer are not taking pains to cover the drain. Under RTI Act I had asked the name of the concerned officers and I am getting it by tomorrow now my query is 1) Can I file a criminal case against these concerned officer in our local police station for creating a threat to citizen.....???????????
  4. Panchayat, officer caught in RTI row Alipurduar, Dec. 4: The Information Commission has severely reprimanded members of a village panchayat for violating norms under the Right to Information (RTI) Act, 2005. The incident took place in the Chaporerpar-II village panchayat area under Alipurduar Block-II. Manik Sinha, a resident of Salsalabari in the panchayat area, had written to the secretary of the panchayat asking for the minutes of the meetings held in the panchayat between March 1, 2003, and March 15, 2006, the master plan of the panchayat for the same period and a report on the projects undertaken, an estimate of the income and expenditure of the rural body (including the bill vouchers) and details of the funds released for the financial year 2005-06. The secretary reportedly did not even receive the application. Sinha then wrote to the block development officer (BDO) of the area but still there was no progress. He then took up the matter with R.K. Maity, the joint secretary of the Bengal panchayat and rural development department. On February 1 this year, Maity wrote to the BDO, instructing him to provide the details to Sinha. The BDO, however, failed to comply. Then, on May 26, Sinha wrote to the secretary of the Information Commission. The commission secretary on July 12 wrote to the secretary of the panchayat stating that the body had taken serious exception to the blatant violation of the RTI provisions. He had added that the rural body faced the risk of being penalised by the commission if the information was not provided within seven days. When the panchayat secretary failed to meet the deadline, the commission convened a hearing on October 11 at Bhavani Bhavan in Calcutta and summoned the pradhan and secretary of the panchayat, the BDO, the district panchayat officer and Sinha to it. “It was decided that Sinha will inspect the official papers of the panchayat and take what he needs in the presence of an officer from the BDO’s office,” Nandan Roy, the secretary of the commission told The Telegraph over phone from Calcutta. “Once he gets the information, we will showcause the authorities for the delay.” Publication | Indian Publication News | Indian Publication Aggregator | Regional Publication News | Leading Publications India
  5. THE State Information Commission, Punjab, has imposed a fine of Rs 25,000 on Public Information Officer Paramjit Singh, of the GMADA, Mohali, for not providing information to Bippinjit Singh, a resident of Sector 70, Mohali, within the stipulated time period. The commission has also recommended appropriate administrative action against the PIO. While talking to Newsline, Bippinjit Singh said he had filed a petition in the State Information Commission after being denied information first and later misinformed on his queries regarding land allotted to a coloniser. He had put forward eight questions under the Right to Information Act (RTI), to GMADA, on December 19, regarding the formula used in calculating the distance between the building of adjourning sites under Section 27 of the PUDA (building rules) 2006, the approved height of the boundary wall between two sites under zoning plan for Sector 70 Mohali, and the minimum distance/set back allowed between a building and boundary wall of the adjourning site. Singh said most of his queries were wrongly answered and no information was provided for the last one. He then moved to the appellate authority (Chief Administrator) on January 30, 2007. Again no information regarding the minimum distance/set back allowed between a building and boundary wall of the adjourning site and under what rule it was calculated, was provided by GMADA. Ultimately, he moved to the State Information Commission, Punjab, in the month of April 2007. The decision given by State Information Commissioners RK Gupta and PPS Gill stated that the information sought by the complainant was simple and should have been provided by the GMADA within the prescribed period. The commission held the PIO kept avoiding summons to the commission for the past five hearings and was present only in the sixth hearing after the commission shot a letter to the CA, GMADA, Mohali, directing the PIO to appear before them. “This is a fit case where the PIO is to be imposed a fine of Rs 250 per day from July 20, 2007, till the decision taken (On October 22), subject to a maximum of Rs 25,000 for non-appearance and non-supply of information within the stipulated period. It will be the responsibility of the Chief Administrator, GMADA to recover the amount from the salary of Paramjit Singh (PIO) in three equal installments and deposit the same in the appropriate head under intimation to this commission. In addition, the Chief Administrator may also take appropriate action against the PIO for not complying with the orders of this commission,” the order said. [sAS Nagar, November 12 ] Express news serviceTuesday , November 13, 2007
  6. Info officer told to read RTI Act Recently, a tehsildar at Andheri refused to give information sought under the RTI Act on the grounds that the applicant had not mentioned whether he “fell below the poverty line or not’’. Aghast as RTI rules do not permit refusing information on such frivolous grounds, State Chief Information Commissioner (CIC) Suresh Joshi pulled up Public Information Officer Manisha Ghevande, a class-I gazetted officer and asked her to read the RTI Act before passing any orders. Joshi also directed suburban Collector Vishwas Patil to ensure PIOs do not repeat such mistakes in the future. The CIC passed the above order on a complaint made by a Bandra-based architect Aditya Wagle against Ghevande for giving a misleading reply to an application seeking information on a sale agreement. In response to Wagle’s application, Ghevande rejected the application saying, “You have not stated in your application whether you are below poverty line or not.’’ Wagle then decided to complain to the CIC. He said that the PIO was deliberately denying him information on a false pretext because the very fact that court fee stamps of Rs10 were affixed on the application proves beyond doubt that he was not below poverty line. “Further, not stating whether I am below poverty line or not is in itself adequate to establish that I am not claiming to be below poverty line,’’ said Wagle in his complaint. Said Kewal Semlani, well-known RTI activist who drafted Wagle’s complaint to CIC, “This is a matter of serious concern that the tehsildar is so ignorant of the provisions of the RTI Act-2005 & MRTI Rules-2005 .” Rajshri Mehta Friday, October 05, 2007 04:13 IST DNA - Mumbai - Info officer told to read RTI Act - Daily News & Analysis
  7. NEW DELHI: IGNOU's denial to disclose file notings under the Right to Information Act has brought the university's information officer under a severe attack from the Central Information Commission (CIC). "Would this mean that the Public Information Officer (PIO) is not aware of the provisions of the RTI Act and so many decisions of the Commission allowing inspection of file notings?," Information Commissioner O P Kejariwal asked in a recent order. The Commission was reacting to IGNOU's denial to open up certain file notings in respect to an RTI plea of Delhi resident Ramesh Kumar Pandita, on grounds that file notings were of "confidential nature" and inspection or seeking copies of the same were against the university's policy. "The Commission regards this remark extremely seriously and warns the concerned official to be more careful in future, lest he invite the maximum penalty that the Commission can levy for such an anti-RTI statement," Kejariwal said. Pandita, in his application filed on December 22 last year, had sought file notings pertaining to his earlier representation before IGNOU's vice-chancellor in connection with its 17th convocation. On being denied the information within the stipulated time frame, Pandita moved an application before the CIC where the university contended that disclosure of file notings was not permitted as per its existing policy. 'Anti-RTI statement' by IGNOU info officer infuriates CIC-India-The Times of India
  8. Under the RTI, can an individual ask for the date on which an officer joins that particular office...knowing that the individual may be wanting to use this information for some personal interest and create some problem for the officer just before he is due for retirement?
  9. New Delhi, March 18 Concerned over the deficient RTI structure of the Delhi Development Authority (DDA), the Central Information Commission (CIC) has ordered the body to appoint a senior official for effective coordination of its information disclosure system. “It is advised that the DDA must place a responsible senior official who could be in-charge of ensuring that applications filed with the DDA reach the proper PIO (Public Information Officer) and those who were the custodians of information,” Information Commissioner O P Kejariwal said in a recent order. Highlighting the need to strengthen the RTI structure within the DDA, the Commission, which was hearing an appeal filed by one Anil Kumar Aatwal, issued a direction that a “senior official” should be appointed latest by April 20. “This (the appointment) is necessary to avoid inconvenience to the appellants and also confusion within the DDA itself,” it said but refrained from giving details about such an appointment. Aatwal, in his application under the RTI filed on October 10 last year, had sought information on various issues. This was later forwarded by DDA’s PIO to five different officers within the organisation. In response to the five different queries raised by him, Aatwal had received incomplete information pertaining to one of his questions, against which the appeal was preferred to the Commission. The Commission took strong exception to the DDA’s faulty information disclosure system, which led to the transferring of the request for information from one department to another. The DDA has been receiving flak from the RTI regulatory body over the inefficient functioning of its information disclosure system. Responding to another RTI appeal filed by one Inderjeet Singh, the CIC came down heavily on the DDA’s functioning after it failed to make a personal representation before the Commission. The CIC said: “This (failure over disclosure) only goes to strengthen the general public perception that the DDA is most inefficient in its functioning and callous in its attitude towards the public”. The Tribune, Chandigarh, India - Delhi and neighbourhood
  10. Can a senior officer fine his subordinates for not furnishing information under the Right to Information Act? No, says the Karnataka Information Commission (KIC). In a recent order, the KIC ruled that penalty under Section 20 (1) can be levied only by the information commissions and that too only on public information officers. State chief information commissioner K K Misra and state information officer K A Thippeswamy ruled this while hearing a complaint filed by nine officials from Kolar. They were fined Rs 25,000 each — maximum penalty under the RTI Act, 2005 — by assistant commissioner of Kolar subdivision for denying information to an applicant. "The commission is aware that it is responsibility of all concerned, including the PIOs, to provide information sought under RTI Act promptly. Inordinate delays defeat the very purpose of the Act. In case, any official holding information is found to have failed to provide the required information without reasonable cause, he must be dealt with severely and action has to be taken against him. The option of levying penalty under section 20 (1) is, however, not available to the first appellate authority," KIC ruled. S Narayanaswamy, editor of local weekly, sought details of lands granted and copies of mutations from the tahsildar of Srinivasapura taluq. After the tahsildar replied that information was not available, the applicant went on appeal before the assistant commissioner,Kolar sub-division. In a surprise decision, the assistant commissioner, also the first appellate authority, slapped the highest penalty of Rs 25,000 on nine officials — from the tahsildar to the second division assistant to even the case worker — for having failed to furnish complete information. Upset with the decision, the officials complained and the KIC set aside the impugned order passed by the assistant commissioner. The KIC held that the first appellate authority has no powers to impose penalty under the RTI Act, but held that they can initiate disciplinary proceedings for dereliction of duty against the officials concerned. Only info panels can slap RTI fine-Bangalore-Cities-NEWS-The Times of India
  11. I wanted to know weather CPIO/ACPIO's appointed independently from outside or are they same department officer.
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