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  1. I need to know all the RTI laws and sections under which cpio/spio and PIO and also FAA and CIC, should not reject the information towards the government employee regarding his education qualification details, moveable and immovable property returns as per the record from his govt office to be made public whenever its been seeked by any citizen of India Being suspect to be forged.
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    Chief Information Officer is not a Court for the purpose of Contempt of Courts Act 4. First and foremost, I am of the opinion that the Chief Information Officer is not a Court for the purpose of Contempt of Courts Act. Section 18 of the Right to Information Act cloths the said authorities with certain powers of a Court. In Sub-Section (3) of Section 18, it is provided as under:- "18(3) The Central Information Commission or State Information Commission, as the case may be shall, while inquiring into any matter under this section, have the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely:- (a) summoning and enforcing the attendance of persons and compel them to give oral or written evidence on oath and to produce the documents or things; (b) requiring the discovery and inspection of documents; (c) receiving evidence on affidavit; (d) requisitioning any public record or copies thereof from any Court or office;" Section 20 of the Right to Information Act pertains to penalties, which can be imposed when it is found that the Public Information Officer or the Public Information Officer has, without any reasonable cause, refused to receive an application for information or has not furnished information within the time specified under Sub-Section (1) of Section 7 or malafide denied request for information or knowingly given incorrect, incomplete or misleading information or destroyed information, which was the subject matter of the request or obstructed in any manner in furnishing information. It can thus be seen that all acts or omissions connected with information which is mala fide withheld or information supplied is incorrect or incomplete or misleading, are dealt with under Section 20 by making such action penal. In this context, if one peruses Section 18, it clearly emerges that Information Commission is entrusted with the powers of Civil Court under the Code of Civil Procedure, 1908 for specified purposes such as summoning and enforcing attendance of persons and to compel them to give evidence, requiring the discovery and inspection of documents, receiving evidence on affidavit, requisitioning any public record or copies for issuing summons for examination of witnesses or documents. Such powers cannot be construed as converting the said authority into a Court for all purposes much less for the purpose of Contempt of Courts Act.
  3. Section 12: Constitution of Central Information Commission (1) The Central Government shall, by notification in the Official Gazette, constitute a body to be known as the Central Information Commission to exercise the powers conferred on, and to perform the functions assigned to, it under this Act. (2) The Central Information Commission shall consist of— (a) the Chief Information Commissioner; and (b) such number of Central Information Commissioners, not exceeding ten, as may be deemed necessary. (3) The Chief Information Commissioner and Information Commissioners shall be appointed by the President on the recommendation of a committee consisting of— (i) the Prime Minister, who shall be the Chairperson of the committee; (ii) the Leader of Opposition in the Lok Sabha; and (iii) a Union Cabinet Minister to be nominated by the Prime Minister. Explanation.—For the purposes of removal of doubts, it is hereby declared that where the Leader of Opposition in the House of the People has not been recognised as such, the Leader of the single largest group in opposition of the Government in the House of the People shall be deemed to be the Leader of Opposition. (4) The general superintendence, direction and management of the affairs of the Central Information Commission shall vest in the Chief Information Commissioner who shall be assisted by the Information Commissioners and may exercise all such powers and do all such acts and things which may be exercised or done by the Central Information Commission autonomously without being subjected to directions by any other authority under this Act. (5) The Chief Information Commissioner and Information Commissioners shall be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance. (6) The Chief Information Commissioner or an Information Commissioner shall not be a Member of Parliament or Member of the Legislature of any State or Union territory, as the case may be, or hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession. (7) The headquarters of the Central Information Commission shall be at Delhi and the Central Information Commission may, with the previous approval of the Central Government, establish offices at other places in India.
  4. Reply saying "RTI application was forwarded to someone” is no information and it amounts deemed refusal of the CPIO, who forwarded it and to who it was forwarded if information was not given. When one organization like EPFO has many CPIOs it is the duty of each CPIO to ensure that someone would furnish the information, if not the forwarding CPIO along with concerned CPIO shall be liable for penalty. CIC also recorded that It seems the "entire RTI wing does not realise their duty to furnish certified copies to the applicants as per RTI Act and do not understand that website cannot give the certified copies". Decision is attached. 2018-01-25-181609157024.pdf
  5. "In the absence of any malafide intention, it would not be appropriate to initiate any action for imposition of penalty on the CPIO. "- CIC In the decision, CIC had said that "It cannot be said that the CPIO had acted consciously and deliberately with a malafide intention to provide incorrect or misleading information to the complainant. Further, no penalty can be imposed for wrong judgment." Moreover, in a decision in the matter of Kripa Shanker v. Central Information Commission- judgment dated 18.09.2017 in W. P. © No. 8315/ 2017, the High Court of Delhi held that: “Para13… Indisputably, merely because the view taken by a PIO is not correct, it would not lead to an inference that he is liable to penalty. There may be cases where the PIO is of the view that the information sought is exempt from disclosure under Section 8 of the Act. If this view is subsequently found to be incorrect, it would not necessarily mean that he would be subjected to penalty. The question of imposition of penalty depends on whether the conduct of PIO is reasonable and whether there is any bona fide justification for denial of information; penalty is levied only if it is found that the information was denied without reasonable cause.” In view of the above ratio, in the absence of any malafide intention, it would not be appropriate to initiate any action for imposition of penalty on the CPIO. 2018-01-20-1614031634-SB.pdf
  6. Hi all My second appeal to CIC on SBI (via RTI Online :: Home | Submit RTI Request | Submit RTI First Appeal | View RTI Status | RTI FAQ) filed at Central Information Commission: Users is returned for removal of deficiencies. Pls see attached. I am surprised how can I submit/attach copy of second appeal, when the one i filed with CIC itself is my second appeal. Please advice how do I proceed further. All suggestions are welcome. TIA
  7. CIC is moving to a new office from 01 November 2017. Notification attached. CIC Notice for Shifting.pdf
  8. [h=1]Maintain daily order sheet: Delhi High Court directs CIC[/h] New Delhi, Mar 31 (PTI) Delhi High Court has directed the Central Information Commission to maintain daily order sheets following complaints that while appellants contentions were agreed upon during hearing, these were dismissed when final orders are passed by the transparency panel. "Since the CIC is a quasi-judicial body, this Court was also of the view that its records must reflect a true and correct state of affairs. Even the Punjab and Haryana High Court in Fruit Merchant Union vs Chief Information Commissioner and Others...had directed the State Information Commission to maintain daily order sheets," Justice Manmohan said in his order. Read more at: Maintain daily order sheet: Delhi High Court directs CIC : PTI feed, News - India Today
  9. I had filed a Complaint under Sec 18 of the RTI Act with the CIC because the CPIO of the CIC refused to abide by the orders of the FAA of CIC to provide me the requested information. The concerned IC has given 7 dates, conducted 5 hearings - over a period of 7 months - and is still not able to decide who is the concerned CPIO to be penalised under Sec 20 of the RTI Act 2005 !! Maybe he is taking so long because it is the CPIO of the Central Information Commission itself (CIC). I am sure matter will have to finally go to court. The interim order after the FIFTH hearing is attached to this post. 7 hearings in CIC to decide Penalty - still no outcome !.pdf
  10. This article has been posted at our #LawSegment. To read the full article follow this link: Presence of RTI Applicant not essential while hearing appeal- Rules CIC The First Appellate Authority (#FAA) passed the order stating that because the RTI Applicant*did not appear, it is assumed that RTI applicant has nothing to say and thus the appeal is disposed of. The RTI applicant complained that the First…Read more › The law segment is available here RTI INDIA #StrangeDecision Read the complete article here...
  11. A show cause notice was issued by CIC on 20 Aug 2015 to PIO of navodaya vidayalaya but I have not received any reply from PIO even after 2.5 months. Now, what should I do ?? Here is the decision: http://rti.india.gov.in/cic_decisions/CIC_SA_A_2015_000947_M_162451.pdf Thanx
  12. Delhi High Court adjourns PIL for appointment of CIC and 3 Information Commissioners for ASG to seek instructions 1. The PIL,(W.P.© No.3386/2015) filed by Shri R.K. Jain, Shri Lokesh Batra and Shri Subhash Agrawal came up for hearing on 8-4-2015 before the bench of Hon’ble Chief Justice and Hon'ble Mr Justice Rajiv Sahai Endlaw of Delhi High Court. 2. Shri Prashant Bhushan, Advocate appeared for the petitioners and Shri Sanjay Jain, ASG, appeared for the respondents. 3. Initially, the Court wanted to know from the ASG as to what steps has been taken for the appointment of the Chief Information Commissioner and 3 Information Commissioners since August, 2014 as in April, 2015, it is a long time. Court indicated that appointments be made within 4 weeks. However on the submissions of ASG, the matter was adjourned for tomorrow i.e. 9-4-2015, so that he may seek instructions and make further submissions in the matter. 4. Copy of the Writ Petition is attached. R.K. Jain v. UOI - PIL - CIC Appointment.pdf
  13. Right to Information (RTI) activist Venkatesh Naik has stressed the need to appoint ‘champions of transparency’ as Commissioners to the Central Information Commission. “Very few Commissioners see themselves as champions of transparency. Only a proactive Commissioner can help improve the scenario,” Mr. Naik told The Hindu. Read at: ?Choose ?champions of transparency? for CIC? - The Hindu
  14. JAMMU, Feb 11: “Though J&K Right to Information Act is in operation during the last five years yet users and implementers are by and large showing their reluctance and ignorance to know how to use and pursue the right to information”. This has been observed by Chief Information Commissioner G R Sufi in an appeal filed by Assistant Professor of University of Jammu in a case of alleged sexual harassment by a senior University teacher. Read at: CIC’s concern over lack of knowledge about RTI Act
  15. As per a recent study conducted by Commodore (Retd) Lokesh Batra of the pending cases in CIC, it has come to light that pendency in the CIc increased from 22,805 cases to 36,108 - approximately 60% increase - cases during 2014. Study reveal - Huge upsurge in Pending Cases in CIC during 2014 (12 Months) 01.01.2014 Pending Cases : 22,805 And Pending Cases on 31.12.2014 : 36,108 Say 60% upsurge 78 Public Authorities (PAs) have more than 100 Cases Pending Out of 78 PAs : 07 Public Authorities have crossed 1,000 mark of Pending Cases 02 Public Authorities have crossed 3,000 mark of Pending Cases The full analysis can be downloaded from this link: https://drive.google.com/file/d/0B8_rQ0CGA8hfWm5sU2pYMExPZzA/view?usp=sharing
  16. Hi , I have my first CIC hearing in next week and I would like to know the following 1) What is the procedure that is followed in CIC, I have already submitted everything and posted the copies of appeal to the FAA and PIO. 2)I have few other appeals pending with CIC concerning the same PIO ,Can I request IC to take all those together for its faster solution?If yes then How? 3) How can I refer to him all other pending RTI's concerning same PIO in respect of denial of information so that he can be penalised in the very first appeal case and not let easily go by the IC by simply one warning. 4)Do I need to submit any written arguments or am I allowed to submit any written argument once the reply is filed by the PIO. 5) Is it like any other official way of handling cases through oral hearing of the facts. My hearing is near I hope you guys would enlighten me with your experiences so that I can prepare myself for the hearing against the corrupt PIO. I have searched and was unable to find any such similar post as mine and I would appreciate if people would come more forward and share their personal experiences about the procedure as it will add confidence to a new comer like me. I hope you guys understood my concerns and my inhibitions and would come forward to further guide me.
  17. DoPT has issued a Notice for appointment of more ICs in the CIC, dated 16 Jul 2014, The notice is attached. ===================== Posters Note: This notice was issued on the same date as a matter regarding "Contempt of Court" proceedings against DoPT was to be heard in Delhi HC on the same issue of "appointment of ICs". DoPT notice for appointment of ICs 16 Jul 2014.pdf
  18. The pendency list (number of cases pending) in the CIC - analysed Ministry wise and also IC wise, is available in the following link: https://drive.google.com/file/d/0B8_rQ0CGA8hfeHZMQzZCUVBsYTIzWEw0eDEyanktTkhlQ3pz/edit?usp=sharing Members can notice the wide disparity in the pending numbers - basically due to allocation of departments amongst ICs in a ad hoc manner without applying any mind. After this list was submitted to the CIC, it seems they are now re-allocating the departments between different ICs.
  19. Attached is a list of Penalties imposed by the CIC - since 2005 till 16 Dec 2013. The list was obtained under RTI. Members are requested to go through it and cross check whether any penalties imposed in thier own cases has been recovered or not. NOTE: There seems to be many mistakes in this list. For example, penalty imposed on 16 Dec 2013, can never be "partially recovered". Copy of Penalties of CIC - Imposed & Recieved..xls1.pdf
  20. In a recent order (not yet uploaded on to the CIC website), the FAA of CIC has admitted that there is a "systematic issue with the website of the commission". The matter was regarding an applicant who saw on the CIC website that the order has been pronounced but in a RTI reply, it was informed by the CPIO that the matter was still pending. The order is attached to this post. Systematic issue with CIC website.pdf
  21. Dear All, I want to know whom to appeal and how to make an appeal if the order passed by the Information commissioner is not satisfactory and evasive? thanks
  22. Maharashtra Gas Limited (MGL) which supplies pipeline gas to Mumbai has been ruled as a Public Authority. The full decision of the CIC is attached to this post. It has many arguments for and against being a Public Authority - will be interesting for members to note for future references. The appellant was Mr Semlani, a RTI Activist, who passed away recently in Mumbai at the age of 72. MA-01082008-10.pdf
  23. It has been observed that the RTI Complaints against CPIOs/ State P.I.Os filed before the CIC/ State Information Commissions, as the case may be, under section 18 (e) of the Act i.e. for their giving incomplete, misleading or false information or even denying it or not giving it within the prescribed time-limit are almost in all cases remanded by the CIC/ State IC to the concerned FAA with directions to him to treat the same i.e.' the Complaint u/s 18 of the Act filed by an aggrieved Info.-Seeker' as 1st Appeal with the directions to him to 'come before the CIC/ State IC in 2nd Appeal u/s 19(3) if not satisfied with the reply given by the FAA. This, besides being very cumbersome and costly time-consuming course for the poor Info.Seeker, virtually renders the Section 18 of the Act as redundant and of no use. While in case of 'no reply' from the CPIO or SPIO, one does not know who the FAA is, in cases of incomplete, misleading and false information, the designation and address of the FAA is not given though it is mandatory to give it in every reply to RTI applications made u/s6 (1) of the Act. I am sure almost every Complaint u/s 18 is disposed of in this manner, leaving the Complainant to undergo the time-consuming ordeal of again waiting for the response of the FAA( which at times does not come at all, and when comes invariably contains direction from the FAA to appear before it on a fixed date,place and time) then filing 2nd Appeal and go through the rest of the grinding ordeal as prescribed. Is this not making a mockery of the provision of Complaint u/s 18 of the Act, so much as rendering it useless and redundant besides causing huge hardship to the Info;.Seeker whose only is that he dared to seek info./document under the much touted and celebrated Act? Lot of time is wasted in the process. That it makes a hole in the slender pocket of an ordinary info.-seeker is a different story. Yes, the Activists do not have to undergo such a grinding ordeal to which an ordinary info. seeker is invariably fated. Why not remove this section altogether if its so very useless. At least, the gullible Info.Seeker will be spared the ordeal by avoiding recourse to section 18, which for all practical purposes, is useless so far as he is concerned. Who wants such decorative, deceptive and misleading provisions in the Act? Perhaps the Activists only whose Complaints may not thus be trifled by the Information Commissioners, who would invariably take such liberties with all matters of ordinary info-seekers -SANJOG MAHESHWARI
  24. Gaikwad appointed self as chief state information commissioner, claims PIL Reported by Rosy Sequeira intimesofindia.indiatimes.com on 19 Sep 2012 Gaikwad appointed self as chief state information commissioner, claims PIL - The Times of India MUMBAI: A petition in the Bombay high court has challenged former chief secretary Ratnakar Gaikwad's "self-appointment" as chief state information commissioner (CSIC) and has urged for his removal. The petition filed by Right to Information activists—Krishna Rao, Sulaiman Bhimani, G R Vora, Mohammad Afzal and Anil Galgali—was mentioned on Tuesday before a division bench of Chief Justice Mohit Shah and Justice Nitin Jamdar. Gaikwad retired on May 31 this year and took over as CSIC on June 8. "There is a conflict of interest. He was de facto part of the selection and appointment machinery. He was in a privileged position vis-a-vis the high-power committee that selected him. He deliberately kept the post vacant for ten months, after CSIC Vilas Patil retired in July 2011, and then got himself appointed," said Rao. According to the petition, scores of applications were ignored by Gaikwad as chief secretary. He applied for the post on May 29. "Exactly six days after he retired as chief secretary, a meeting of the high-power committee was convened exclusively to select him," it said. Rao said Gaikwad will be hearing cases pertaining to his own cause as he has headed Mantralaya, Mumbai Metropolitan Region Development Authority and other state government bodies earlier. The matter will be heard on October 4. The petition has urged for quashing the "prejudicial selection and appointment" in violation of the RTI Act "to prevent grave miscarriage of justice and to protect the general public's fundamental rights". It has also urged for striking down as ultra vires the RTI Act clause which directs appointment of bureaucrats as information commissioners.
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