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  1. Srinagar, Jun 28 (PTI) Khursheed A Ganai has resigned as the Chief Information Commissioner of Jammu and Kashmir and his resignation was accepted by Governor N N Vohra today, a statement said. The retired IAS officer was appointed as the state's CIC on February 27, 2017and sworn in on March 3. A notification issued by the General Administration Department of the state government read that the governor has accepted the resignation of Ganai with immediate effect. Before Ganai's appointment, the Jammu and Kashmir State Information Commission had been non-functional since November, 2016 when the lone Information Commissioner Nazir Ahmed completed his term. The State Information Commission was established under the provisions of J&K Right to Information Act in February, 2011. PTI DIP ZMN DIP DIP
  2. Before Ganai's appointment, the Jammu and Kashmir State Information Commission had been non-functional since November, 2016 when the lone Information Commissioner Nazir Ahmed completed his term. Srinagar, Jun 28 (PTI) Khursheed A Ganai has resigned as the Chief Information Commissioner of Jammu and Kashmir and his resignation was accepted by Governor N N Vohra today, a statement said. The retired IAS officer was appointed as the state's CIC on February 27, 2017and sworn in on March 3. A notification issued by the General Administration Department of the state government read that the governor has accepted the resignation of Ganai with immediate effect. Before Ganai's appointment, the Jammu and Kashmir State Information Commission had been non-functional since November, 2016 when the lone Information Commissioner Nazir Ahmed completed his term. The State Information Commission was established under the provisions of J&K Right to Information Act in February, 2011. PTI DIP ZMN DIP DIP View full entry
  3. Shrawan

    When can I make a complaint to CIC

    When can you complain to CIC under RTI Act. Details here https://righttoinformation.wiki/guide/applicant/second-appeal/complaint#mode-of-filing-a-complaint-to-cic

    © RTI INDIA

  4. The CIC has asked the Rajya Sabha Secretariat to explain how the disclosure of records related to the impeachment motion against Hyderabad High Court judge C V Nagarjuna Reddy under the RTI Act would be a breach of parliamentary privileges. The question was recently raised by Chief Information Commissioner R K Mathur on a petition of S Malleswara Rao who had sought to know from the Secretariat the number of members of Rajya Sabha who signed and moved the impeachment; the rules and regulations in regard to participation of the members among others. Officials of the Rajya Sabha Secretariat said some information was provided to Rao but the records related to notice of motion, names of members who withdrew support to the motion etc., are in the custody of Secretary General of the House which have never been made public. “Such documents relating to or connected with the proceedings of the House are privileged documents and exempted under Section 8(1)(c) of the RTI Act, 2005. The respondent (the Secretariat) stated that once a notice of motion is accepted, as per practice, they disclose the particulars suo-moto,” Mathur noted citing submissions of the Secretariat officials. In his order, Mathur underlined parliamentary privileges and said certain rights and immunities such as freedom from arrest or freedom of speech belong primarily to individual members of each House and exist because the House cannot perform its functions without unimpeded use of the services of its members. Mathur directed the Central Public Information Officer of the Rajya Sabha to inform, with approval of competent authority, in writing as to why parting of this information would constitute a breach of privilege of Parliament.
  5. Impeachment motion against Hyderabad High Court judge C V Nagarjuna Reddy under the RTI Act would be a breach of parliamentary privileges- Says RTI reply from Rajya Sabha The CIC has asked the Rajya Sabha Secretariat to explain how the disclosure of records related to the impeachment motion against Hyderabad High Court judge C V Nagarjuna Reddy under the RTI Act would be a breach of parliamentary privileges. The question was recently raised by Chief Information Commissioner R K Mathur on a petition of S Malleswara Rao who had sought to know from the Secretariat the number of members of Rajya Sabha who signed and moved the impeachment; the rules and regulations in regard to participation of the members among others. Officials of the Rajya Sabha Secretariat said some information was provided to Rao but the records related to notice of motion, names of members who withdrew support to the motion etc., are in the custody of Secretary General of the House which have never been made public. “Such documents relating to or connected with the proceedings of the House are privileged documents and exempted under Section 8(1)(c) of the RTI Act, 2005. The respondent (the Secretariat) stated that once a notice of motion is accepted, as per practice, they disclose the particulars suo-moto,” Mathur noted citing submissions of the Secretariat officials. In his order, Mathur underlined parliamentary privileges and said certain rights and immunities such as freedom from arrest or freedom of speech belong primarily to individual members of each House and exist because the House cannot perform its functions without unimpeded use of the services of its members. Mathur directed the Central Public Information Officer of the Rajya Sabha to inform, with approval of competent authority, in writing as to why parting of this information would constitute a breach of privilege of Parliament. View full entry
  6. The Indian Farmers Fertiliser Cooperative Limited (IFFCO), one of India’s biggest cooperative society which is in the core business of manufacturing and selling fertilisers, had procured cheap ammonia from Oman but sold it at the prevailing market prices without passing on subsidy benefits to farmers, the Ministry of Chemicals and Fertilisers recently submitted before the Central Information Commission (CIC). The ministry said that an amount of Rs 765 crore was subsequently recovered from the company. ‘IFFCO did not pass benefits to farmers’ CIC said the ministry submitted that “IFFCO had not passed on the cheap input cost of ammonia imported under Ammonia OffTake Agreement (AOTA) by IFFCO in the form of lower prices to farmers.” He also recorded that “fertilizer subsidy was paid by the government to make available fertilizer to the farmers. The subsidy which was meant for farmers was paid to the companies for transferring the same to the farmers in the form of reduced MRP of fertilizer. The AOTA between IFFCO and OMIFCO was materialized with the intervention of the Government of India.” “In other words, by not reflecting the cheap input cost of imported ammonia in the form of lower MRP, as compared to other companies, IFFCO had not passed on the entire subsidy received from government to farmers and has unduly benefited,” the CIC recorded in his order. While the ministry submitted that disclosure of such information could harm the economic interest of the state, the appellant said the matter was in “larger public interest” and, therefore, section 8(1)(a) of the RTI Act did not apply to it.
  7. Fertiliser ministry's RTI reply says the company gained from the Centre’s intervention but retained subsidy benefits, forcing the government to recover Rs 765.19 crore. The matter is now in Delhi high court. The Indian Farmers Fertiliser Cooperative Limited (IFFCO), one of India’s biggest cooperative society which is in the core business of manufacturing and selling fertilisers, had procured cheap ammonia from Oman but sold it at the prevailing market prices without passing on subsidy benefits to farmers, the Ministry of Chemicals and Fertilisers recently submitted before the Central Information Commission (CIC). The ministry said that an amount of Rs 765 crore was subsequently recovered from the company. ‘IFFCO did not pass benefits to farmers’ CIC said the ministry submitted that “IFFCO had not passed on the cheap input cost of ammonia imported under Ammonia OffTake Agreement (AOTA) by IFFCO in the form of lower prices to farmers.” He also recorded that “fertilizer subsidy was paid by the government to make available fertilizer to the farmers. The subsidy which was meant for farmers was paid to the companies for transferring the same to the farmers in the form of reduced MRP of fertilizer. The AOTA between IFFCO and OMIFCO was materialized with the intervention of the Government of India.” “In other words, by not reflecting the cheap input cost of imported ammonia in the form of lower MRP, as compared to other companies, IFFCO had not passed on the entire subsidy received from government to farmers and has unduly benefited,” the CIC recorded in his order. While the ministry submitted that disclosure of such information could harm the economic interest of the state, the appellant said the matter was in “larger public interest” and, therefore, section 8(1)(a) of the RTI Act did not apply to it. View full entry
  8. An RTI query by journalism student Saurav Das exposed that the department of personnel and training has neither taken any concrete measures to fill up the existing vacancies nor initiated efforts to advertise for other positions that will fall vacant by the year-end. Central public information officer and under-secretary (personnel and training) Rajbir Singh, while replying to Das’ query, said the department had initiated the process of appointing two information commissioners (whose tenures ended in December 2016 and February 2017) in August 2016 and published an advertisement on the department’s website. However, the department, which received 225 applications, delayed the selection process for more than one year. Finally, after a prolonged delay, it sent the file to the cabinet secretary four months ago. The file has been pending with the cabinet secretary since then, Das said. Singh admitted that the department had not initiated any selection process for two more information commissioner posts that fell vacant in September last year and January this year. Also, Das said, the department had not even published an advertisement seeking applications from eligible candidates for the vital posts in the commission.
  9. The CIC has held that a person has right to know the status of investigation on his Tax Evasion Petition (TEP) application but not the details as it may hamper the investigation process. Earlier, Court had observed that recovery in tax matters, in the usual circumstances is a time consuming affair, and to withhold information till that eventuality, after the entire proceedings, despite the ruling that investigations are not hampered by information disclosure, is illogical. The Commission noted its decision in Shri Virag R. Dhulia v. Income Tax Department, Kolkata, CIC/LS/A/2009/001179 dated 18.02.2010 where it said that investigation into a TEP could not be allowed to go on ad-infinitum and it should be concluded in a reasonable time frame where after the broad outcome thereof needs to be communicated to the appellant i.e. whether the allegations made in the TEP were fully true, partially true or untrue. No further information needs to be disclosed at that stage. Commission referred to its order dated 18/06/2013 in Ved Prakash Doda v. ITO,CIC/RM/A/2012/000926 wherein it held in respect of a tax evasion petition, that once the investigation is completed, the appellant should be informed the broad results of the investigation, without disclosing any details. Keeping in view the facts of the case and the submissions made by the Appellant, the Commission instructed the respondent to inform the updated status of the investigation. [Vikas Jain v. Chief Commissioner of Income Tax (CCA), Delhi, Appeal No. CIC/KVSAN/A/2017/117981-BJ, order dated 11-06-2018]
  10. Shrawan

    Using RTI Effectively - Shailesh Gandhi

    Shailesh Gandhi is a graduate in Civil Engineering from IIT Bombay. He was a first generation entrepreneur in plastic packaging and was CMD of Clear Plastics Ltd. At the end of the 90s, Mr Gandhi began to devote a considerable amount of time to civil society issues. He evangalised the use of RTI and tirelessly conducted RTI workshops. He was conferred the Nani Palkhivala Memorial Award for civil liberties in 2008. In the same year, he became the Central Information Commissioner for Right to Information.
  11. Shailesh Gandhi is a graduate in Civil Engineering from IIT Bombay. He was a first generation entrepreneur in plastic packaging and was CMD of Clear Plastics Ltd. At the end of the 90s, Mr Gandhi began to devote a considerable amount of time to civil society issues. He evangalised the use of RTI and tirelessly conducted RTI workshops. He was conferred the Nani Palkhivala Memorial Award for civil liberties in 2008. In the same year, he became the Central Information Commissioner for Right to Information. View full record
  12. In reply to RTI, the DoPT has stated that "The matter regarding amendment in the RTI Act, 2005 is under consideration and has not reached finality. As per section 8(1)(i) of the RTI Act, 2005, information requested by you cannot be supplied at this stage." Even as the central government has confirmed that the matter regarding amendment in the Right to Information (RTI) Act is under consideration, the Department of Personnel and Training refused to provide details of the proposed amendment bill. "The government has confirmed that it is planning to amend the RTI Act but has illegally refused to share details of the amendment bill in response to an RTI application." Bharjwaj also said: "It has refused to even disclose the dates on which the proposal to amend the RTI Act was prepared by the DoPT and date on which it was forwarded to the cabinet by the DoPT, which cannot be covered under Section 8(1)(i)." Expressing concern over the media reports that the amendment the government was planning to bring was regressive, Bhardwaj said: "What is worrisome is they are planning to reduce the stature of the Information Commissioners and weaken the Information Commissions in the country. "At the moment, the salaries and allowances of the Commissioners are same as that of a SC judge. But, now the government will have the discretion to decide their salaries. That is very dangerous. It erodes the independence of the Commission. "There is a powerful law in place. There is no need to make changes. What the government should instead do is appoint Information Commissioners. At the CIC, there are four vacancies and four more to come this year including the Chief Information Commissioner who is retiring. Why is the government trying to tinker with the law and amend the law and dilute it.
  13. vijay_nathani

    Second Appeal not implemented.

    I had filed an RTI on 3-Nov-2016. It was not answered satisfactorily. I filed my first appeal on 13-Dec-2016. It was not answered. I filed my second appeal on 2-Feb-2017. During the hearing on 13-Mar-2018, the CIC ruled that I should be given the information that I had requested. I waited to get my information for a few weeks, but did not get the same. I sent an email to RTI officer, First Appellate authority(FAA) and CIC. I did not receive any reply from RTI and FAA. The CIC told me that RTI officer had filed a compliance report with CIC. I told the CIC in multiple emails, during last few weeks, that the CIC order was not implemented. I did not get the information that CIC commissioner had ordered during the second appeal. But now there is no answer from CIC. Now what should I do? My RTI exposes a fraud at a government organization. Multiple managers are involved in this fraud. So there is motivation to not give me this information.
  14. Hello All, I am looking for the format of Complaint for RTI before CIC. Also, please share the procedure about submitting online complaint before CIC. Thanks in advance
  15. Version

    3 downloads

    On a perusal of the information sought and the time consumed, we find that reasonable period has been spent and hence, that would tantamount to an explanation for delay caused by the officer concerned. In view of the aforesaid, the reduction of the penalty by the learned single Judge is justified. Before parting with the case, we may hasten to add that the issue that was raised on the initial occasion with regard to locus standi of the CIC to prefer an appeal is kept open. The appeal is accordingly disposed of without any order as to costs.
  16. KISHORRE NAIK

    Second Appeal Format

    I need Second Appeal format because am not satisfied by the answer of first appeal athority and for some points he need amout to give answers eventhoug after first appeal every thing is free Sent from my Redmi Note 4 using RTI INDIA mobile app
  17. Chapter V Powers and functions of the Information Commissions, appeal and penalties Edit Section 18: Powers and functions of Information Commissions (1) Subject to the provisions of this Act, it shall be the duty of the Central Information Commission or State Information Commission, as the case may be, to receive and inquire into a complaint from any person,— (a) who has been unable to submit a request to a Central Public Information Officer or State Public Information Officer, as the case may be, either by reason that no such officer has been appointed under this Act, or because the Central Assistant Public Information Officer or State Assistant Public Information Officer, as the case may be, has refused to accept his or her application for information or appeal under this Act for forwarding the same to the Central Public Information Officer or State Public Information Officer or senior officer specified in sub- section (1) of section 19 or the Central Information Commission or the State Information Commission, as the case may be; (b) who has been refused access to any information requested under this Act; © who has not been given a response to a request for information or access to information within the time limit specified under this Act; (d) who has been required to pay an amount of fee which he or she considers unreasonable (e) who believes that he or she has been given incomplete, misleading or false information under this Act; and (f) in respect of any other matter relating to requesting or obtaining access to records under this Act. (2) Where the Central Information Commission or State Information Commission, as the case may be, is satisfied that there are reasonable grounds to inquire into the matter, it may initiate an inquiry in respect thereof. (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 , 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; © receiving evidence on affidavit; (d) requisitioning any public record or copies thereof from any court or office; (e) issuing summons for examination of witnesses or documents; and any other matter which may be prescribed; and (f) any other matter which may be prescribed. (4) Notwithstanding anything inconsistent contained in any other Act of Parliament or State Legislature, as the case may be, the Central Information Commission or the State Information Commission, as the case may be, may, during the inquiry of any complaint under this Act, examine any record to which this Act applies which is under the control of the public authority, and no such record may be withheld from it on any grounds.
  18. Section 14: Removal of Chief Information Commissioner or Information Commissioner 1) Subject to the provisions of sub-section (3), the Chief Information Commissioner or any Information Commissioner shall be removed from his office only by order of the President on the ground of proved misbehaviour or incapacity after the Supreme Court, on a reference made to it by the President, has, on inquiry, reported that the Chief Information Commissioner or any Information Commissioner, as the case may be, ought on such ground be removed. (2) The President may suspend from office, and if deem necessary prohibit also from attending the office during inquiry, the Chief Information Commissioner or Information Commissioner in respect of whom a reference has been made to the Supreme Court under sub-section (1) until the President has passed orders on receipt of the report of the Supreme Court on such reference. (3) Notwithstanding anything contained in sub-section (1), the President may by order remove from office the Chief Information Commissioner or any Information Commissioner if the Chief Information Commissioner or a Information Commissioner, as the case may be,— (a) is adjudged an insolvent; or (b) has been convicted of an offence which, in the opinion of the President, involves moral turpitude; or © engages during his term of office in any paid employment outside the duties of his office; or (d) is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body; or (e) has acquired such financial or other interest as is likely to affect prejudicially his functions as the Chief Information Commissioner or a Information Commissioner. (4) If the Chief Information Commissioner or a Information Commissioner in any way, concerned or interested in any contract or agreement made by or on behalf of the Government of India or participates in any way in the profit thereof or in any benefit or emolument arising therefrom otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of sub-section (1), be deemed to be guilty of misbehaviour.
  19. Section 13: Term of office and conditions of service (1) The Chief Information Commissioner shall hold office for a term of five years from the date on which he enters upon his office and shall not be eligible for reappointment: Provided that no Chief Information Commissioner shall hold office as such after he has attained the age of sixty-five years. (2) Every Information Commissioner shall hold office for a term of five years from the date on which he enters upon his office or till he attains the age of sixty-five years, whichever is earlier, and shall not be eligible for reappointment as such Information Commissioner: Provided that every Information Commissioner shall, on vacating his office under this sub-section be eligible for appointment as the Chief Information Commissioner in the manner specified in sub-section (3) of section 12: Provided further that where the Information Commissioner is appointed as the Chief Information Commissioner, his term of office shall not be more than five years in aggregate as the Information Commissioner and the Chief Information Commissioner. (3) The Chief Information Commissioner or an Information Commissioner shall before he enters upon his office make and subscribe before the President or some other person appointed by him in that behalf, an oath or affirmation according to the form set out for the purpose in the First Schedule. (4) The Chief Information Commissioner or an Information Commissioner may, at any time, by writing under his hand addressed to the President, resign from his office: Provided that the Chief Information Commissioner or an Information Commissioner may be removed in the manner specified under section 14. (5) The salaries and allowances payable to and other terms and conditions of service of— (a) the Chief Information Commissioner shall be the same as that of the Chief Election Commissioner; (b) an Information Commissioner shall be the same as that of an Election Commissioner: Provided that if the Chief Information Commissioner or an Information Commissioner, at the time of his appointment is, in receipt of a pension, other than a disability or wound pension, in respect of any previous service under the Government of India or under the Government of a State, his salary in respect of the service as the Chief Information Commissioner or an Information Commissioner shall be reduced by the amount of that pension including any portion of pension which was commuted and pension equivalent of other forms of retirement benefits excluding pension equivalent of retirement gratuity: Provided further that if the Chief Information Commissioner or an Information Commissioner if, at the time of his appointment is, in receipt of retirement benefits in respect of any previous service rendered in a Corporation established by or under any Central Act or State Act or a Government company owned or controlled by the Central Government or the State Government, his salary in respect of the service as the Chief Information Commissioner or an Information Commissioner shall be reduced by the amount of pension equivalent to the retirement benefits: Provided also that the salaries, allowances and other conditions of service of the Chief Information Commissioner and the Information Commissioners shall not be varied to their disadvantage after their appointment. (6) The Central Government shall provide the Chief Information Commissioner and the Information Commissioners with such officers and employees as may be necessary for the efficient performance of their functions under this Act, and the salaries and allowances payable to and the terms and conditions of service of the officers and other employees appointed for the purpose of this Act shall be such as may be prescribed.
  20. GUNASELVAM_V

    CIC and SIC

    Sir, Is it mandatory to give decision by SIC only in line with other CICs order. I.e if RTI applicant quotes CIC's judgement, then SIC has to give decision only in that line?
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