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  1. ashakantasharma

    How I became an Information Commissioner ?

    How I became an Information Commissioner ? AUGUST 28, 2017 BY SHAILESH GANDHI Some friends wonder how I have the gall to be critical of the lack of process in selecting Information Commissioners, since they believe I must have resorted to influence and patronage for my selection. Let me detail the story of how i got selected: In the first week of August 2008 Arvind Kejriwal learnt that the government had decided on the names of four persons whom they would appoint as Central Information Commissioners. These were: Satyananda Mishra M.L.Sharma Annapurna Dixit R.B.Sreekumar I believe there is a tacit understanding between the ruling party and the opposition on such matters and overall there is a certain give and take in matters of appointments. Arvind discussed with me that though we had been fighting for appointment of good Commissioners and transparency in the selection process we were not making any headway. He therefore suggested that we propose four names from civil society. We got together a list of credible persons and Arvind arranged to get letters sent to the PM, Advani and Prithvraj Chavan by some prominent civil society members recommending these. On 20 August Prithviraj Chavan asked for a meeting of the Selection Committee to be called on 21 August at 6.00pm. I have heard that on 20 night the four names were shown to LK Advani. Advani strongly objected to the name of Sreekumar since he had been a senior police officer in Gujarat at the time of the Godhra riots and openly criticized Narendra Modi. He said he would oppose Sreekumar’s selection and said, ‘Why not one of the names suggested by civil society?’ The selection Committee meeting was not held on 21 August. I did not know Prithviraj Chavan, nor did he know me. Whether he made any checks about the other three members of our panel I do not know. As for me, he called up a business person in Mumbai and asked him what kind of person I was. This person had never met me, but based on what he had read in the papers he said I would be a good choice. After this Prithviraj Chavan called me and asked me if I would accept if I was selected as a Central Information Commissioner, and I said yes. On 27 August a meeting was called and my name was put in place of R.B. Sreekumar. Some of this information is available at http://persmin.gov.in/DOPT/RTICorner/ImpFiles/6_4_2008_IR_Vol_I_Noting.pdf I can assure all of you, that I did not use any influence or network. It was a random occurrence, but my selection was also without any process and a random occurrence. The record also shows Asok K Mahaptra’s name and I do not have any knowledge of how his name was dropped. I would urge RTI activists who have an understanding of the legal issues of the law to apply for the positions of Information Commissioners. Ciitizens should put forward names of persons with a background in transparency and build pressure I would also like to point out two matters as a personal clarification: I had informed the government that I was paying volunteers to work with me is mentioned on page 22. Whereas in 2007-2008 five Commissioners disposed 7722 cases I alone averaged about 5400 cases per year. All my emails are in public domain By Shailesh Gandhi Shailesh Gandhi is a first generation entrepreneur and a Distinguished Alumnus awardee of IIT Bombay. He sold his company to become a RTI activist. Shailesh was part of the National RTI movement which was involved in drafting the National Act. He was convener of the National Campaign for People’s Right To Information. He has used RTI and also trained many citizens and government officials in over 1000 workshops to use it. The only RTI activist to have been chosen as a Central Information Commissioner, he disposed a record of over 20000 cases in 3 years and 9 months, and ensured that most cases were decided in less than 90 days. He gave many landmark decisions on RTI, apart from organizing the first digital paper-less office in the Commission. He is passionately pursuing the cause of evolving ways for a time bound justice delivery system, and improving governance systems. Amongst many awards he has been awarded the Nani Palkhiwala Civil Liberties award, and the MR Pai award. He has published a book: RTI Act- authentic interpretation of the Statute and a paper critiquing Supreme Court judgments on RTI. http://satyamevajayate.info/2017/08/28/how-i-became-an-information-commissioner/
  2. Hello, Can the copy of a marriage certificate, issued by the Church, be obtained by filing application with the O/o of Charity Commissioner
  3. Hello, how to appeal against AP RTI information commissioner orders
  4. NEW DELHI: Vijai Sharma was chosen as the Chief Information Commissioner (CIC) earlier this month ahead of two other strong contenders who had also made it to the short-list - former Union Coal secretary Sanjay Kumar Shrivastava and former LIC Chairman Dinesh Kumar Mehrotra. An RTI reply to activist Lokesh Batra by the government shows that these three names were put up before the selection committee headed by Prime Minister Narendra Modi, Leader of the Congress in Lok Sabha M .. Read more at: RTI reply reveals people who missed out on becoming Chief Information Commissioner - The Economic Times
  5. Hello, the PIO replied to my RTO but the reply was not satisfactory. So done first appeal on 21st May and received on 25th by registered post. But no answer yet. How long i should wait to appeal the state commissioner. Pls guide
  6. Hello, The SIC disposed of the case after non compliance complaint, as PIO stated, no info available as pertaining to 60"s , and offered whatever could be collected from water department, but they are all pertaining to water meters, and nothing what asked for, plus no police complaint copy attached, as mentioned in presence of SIC. The information sent does not have stamp and signature " under RTI " . What next step one can take ?
  7. State information commissioner Hemant Atri on Friday asked the state principal secretary of cooperation department to get a high-level inquiry conducted within a limited time framework. "This is a strange case wherein the department misplaces the files and very candidly and proudly filed an affidavit in the commission about the same," said Atri in the order. Read more at: 87-year-old's RTI goes unanswered, info commissioner orders probe - The Times of India
  8. State Information Commissioner Shankar R. Patil has asked the Additional Chief Secretary and Principal Secretary of the Urban Development Department to initiate immediate disciplinary action against Kalaburagi City Corporation Commissioner S.B. Kattimani and former Commissioner C. Nagaiah. “They have deliberately violated the Right to Information (RTI) Act and denied the information sought under the provisions of the Act by the former Minister S.K. Kanta for six years,” he said in an order passed on April 28. Read more at: Violation of RTI Act: Kalaburagi Corporation Commissioner faces disciplinary action - The Hindu
  9. Why isn't the government appointing a Chief Information Commissioner so I can get the answer sheets that I have been fighting for?" asks Chandan Singh, a disabled engineering student, as he hands over a copy of his petition filed at the Prime Minister's Office. Chandan had moved the Central Information Commission (CIC) against his college, the National Institute of Technology, Trichy, to get a copy of his answer sheets. He won, but the institute insisted it couldn't locate all the papers. "When I complained to the commission, they said I would have to wait for the government to appoint the Chief Information Commissioner," says the 22-year-old who was born without a lower arm. "How much longer will it take?" .......................READ MORE.................Govt delay in appointing Chief Information Commissioner a blow to RTI
  10. MOHD INSHAD

    Chakbandi commissioner lucknow

    सूचना का अधिकार अधिनियम 2005 के तेहत पत्र सेवा में , श्रीमान जन सूचना अधिकारी जी , चकबन्दी आयुक्त कार्यालय जिला लखनऊ , उत्तर प्रदेश महोदय , 1 सन 1970 से अब मार्च 2015 तक एटा जिले के , तहसील अलीगंज में कितनी बार और किस किस वर्ष में चकबन्दी हुई या आई थी लिखित में दीजिये ! 2 एटा जिले के तहसील अलीगंज के अकबरपुर गाँव में किस किस वर्ष चकबन्दी आई थी लिखित में दीजिये ! 3 जिला एटा के तहसील अलीगंज के अकबरपुर गाँव में सन 1970 से 2015 तक किन किन लोगो की ज़मीन चकबन्दी में ज़मीन दी गयी थी उन लोगो के नाम लिखित में दीजिये ! 4 जिला एटा के तहसील अलीगंज के अकबरपुर गाँव में सन 1970 से 2015 तक अकबर पुर गाँव के कितने लेखपाल हुई है उनके नाम और कार्य वर्ष लिखित में दीजिये ! 5 २ की जिला एटा , तहसील अलीगंज के अकबर पुर गाँव में सन 1970 से मार्च 2015 कितनी ज़मीन थी और अब कितनी ज़मीन है लिखित में दीजिये ! 6 हबीब खान पुत्र श्री पुत्तु खान , पुत्तु खान पुत्र श्री शेर खान और शेर खान की जिला एटा , तहसील अलीगंज के अकबर पुर गाँव में और आस पास के गाँव में कितनी ज़मीन थी और कितनी ज़मीन बाकी है उस ज़मीन का खाता संख्या , खसरा न० आदि की संख्या , लिखित में दीजिये ! 7 अगर कोई व्यक्ति जीवित है तो उस व्यक्ति की ज़मीन चकबन्दी के तेहत किसी और को दी जा सकती है या नहीं ! अगर नहीं तो हबीब खान पुत्र श्री पुत्तु खान , पुत्तु खान पुत्र श्री शेर खान और शेर खान की ज़मीन क्यों किसी को दे दी गयी ! कारन लिखित में दीजिये ! 8 जन सूचना अधिकारी और प्रथम अपील अधिकारी का नाम , पद , फोन न० और कार्यालय का पता लिखित में दीजिये ! अगर कोई प्रशन आपके सीमा छेत्र के बाहर हो तो उसे धरा 19 के तेहत उसी के विभाग में भेजने की किपा करे ! धन्यवाद प्रार्थी हबीब खान xxxxx पुत्र श्री पुत्तु खान ए – 322 जे जे कैंप तिगडी , ! नई दिल्ली –
  11. NTR University of Health Sciences (NTRUHS) Registrar S. Babulal appeared before State Information Commissioner M. Vijaya Nirmala at the Sub-Collector’s office here on Thursday to explain the status of a petition filed under the Right to Information Act.Read at: Student?s suicide: NTRUHS Registrar appears before RTI Commissioner - The Hindu
  12. JAMMU: RTI activist Balvinder Singh, who is also the Convener of Sangarsh RTI Movement met Chief Vigilance Commissioner Shri Kuldeep Khoda, and apprised him with the most important issues relating to mismanagement and corrupt practice in various departments on the basis of information received under RTI by the activist. The main issues that come to discussion during the interaction were violation of Financial Code by different Executive Engineers and Drawing and Disbursing Officers of various departments at the fag end of the financial year. Read at: RTI Activist calls on Chief Vigilance Commissioner J&K - JK MONITOR
  13. [h=1]U'khand Info Commissioner recommends CBI probe in Kumbh Mela[/h] The Information Commission of Uttarakhand today recommended to the Chief Secretary a CBI probe in alleged financial irregularities worth Rs 180 crore during the Haridwar Kumbh Mela in 2010 when the BJP was in power in the state. Information Commissioner Anil Sharma has sent the recommendation on the plea of an RTI applicant who had alleged that there was no account of Rs 180 crore of central funds sent for organising the Kumbh Mela. Through a series of RTI applications trustee of a Dharmshala, Ramesh Chandra Sharma brought to the notice of the Commission that Congress-led UPA Government had given a grant of Rs 565 crore to the BJP government in the state for the conduct of Mela in 2010. He alleged that 54 works for public remained incomplete during the Mela which caused inconvenience to devotees coming from across the world to Haridwar on auspicious occasion. Sharma alleged that CAG of Government had carried out a secret inquiry which showed that out of 311 works worth Rs 565 crore sanctioned to 34 departments of the state government 54 works worth Rs 180 crore remained incomplete. The applicant had alleged that responses to RTI applications show that nodal officers were lackdiasical in not depositing funds in the Mela Officer account. He also alleged that the then state government did not carry out any vigilance inquiry in the matter. In his order, Information Commissioner Anil Sharma took note of the issues raised by Ramesh Sharma and forwarded the complaint with all the annexure to the Chief Secretary with instructions to decide on a CBI inquiry. The Information Commissioner known for his maverick orders on public interests has been facing death threats from the lobbies against whom he had issued similar orders in the past. He was given threats for his directives to carry out CBI inquiry into implementation of NRHM in the state but has not been provided any security cover in Uttarakhand. Read More: U'khand Info Commissioner recommends CBI probe in Kumbh Mela | Business Standard News
  14. [h=1]UNPREPARED PIOS ANNOY INFORMATION COMMISSIONER[/h] Shankar R. Patil, Commissioner, Karnataka Information Commission, was exasperated with the lack of preparedness of the concerned Public Information Officers (PIOs) and their representatives at the Zilla Panchayat meeting hall here on Friday. Mr. Patil was here as part of his official State-wide tour for hearing cases at the respective district headquarters. He got irritated when he understood that the representatives of PIOs in some cases did not have a basic knowledge either about the RTI Act or about the particular case in which they were the representing PIOs. While hearing the cases, he observed that the concerned PIOs had furnished the information sought by the applicant only after knowing about his scheduled hearing at the district headquarters. In some other cases, the absence of PIOs prompted him to issue stern notices to the delinquent officers seeking explanation as to why a penalty should not imposed on them under Section 20(1) of RTI Act. In most of the cases, he ordered the respective PIOs to provide the information to applicant he sought within 10 days. Read More: https://in.newshub.org/unprepared-pios-annoy-information-commissioner-12652352.html
  15. Sir, I had submitted a RTI application to the commissioner of the Mysore city Corporation, in regard to the change of house No. from 3978 to L-8. It going to be a month and yet, they have not replied to my query. Kindly act on this matter.
  16. Who will be India’s next Central Chief Information Commissioner under RTI ? After nearly six months of keeping the post of Central CIC’s post vacant and with 203 applicants responding to DoPT’s advertisement for this post, the screening committee is finally meeting on 16th January to decide a name So, who will be India’s next Central Chief Information Commissioner? The Department of Personnel & Training (DoPT) has invited the search committee members comprising cabinet secretary, Rashtrapati Bhavan (chairman); Additional Principal Secretary to PM; Secretary, DoPT; Secretary, Ministry of Home Affairs; Secretary, Dept of Expenditure and Professor Ram Chand, National Centre for Agricultural Economics & Policy. They are scheduled to meet at the cabinet secretariat of Rahtrapati Bhavan on 16th January. On the same day, another meeting to draw a panel for information commissioners will also take place. The Agenda note for the meeting states that the 203 applications received for the CIC post have been divided into seven categories to facilitate shortlisting of candidate. The Agenda note procured by Moneylife states: “(the) Prime Minister’s Office (PMO) has directed that for the sake of consistency and uniformity in approach, the procedure for selection of information commissioner, which includes amongst other things, advertising the post and short listing by a search committee may be adopted for appointment to the post of Chief Information Commissioner as well. Such short listed panel may then be placed before the selection committee for its consideration.” “Accordingly, a circular was posted on the website of DoPT inviting applications to the post of Chief Information Commissioner on 24.10.2014. The post was also advertised in three leading newspapers (two in English and one in Hindi) as was done for appointment to the posts of information commissioners. The last date of receipt of applications is 24.11.2014. A total number of 203 applications for the post of Chief Information Commissioner in CIC were received. Applications received after the cut-off date of 24.11.2014 are not being considered.” “As per Section 12 (5) of the RTI Act 2005, the Chief Information Commissioner and Information Commissioner 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.” “Accordingly, all these 203 applications have been broadly categorized into seven categories of knowledge and experience as mentioned above. Few applications which do not fall within these seven categories have been mentioned as ‘other’ categories. However, for the sake of categorization, only the main field of knowledge and experience, if any, have not been indicated. Law: 37 Science & Technology: 21 Social Service: 09 Management: 28 Journalism: 03 Mass Media: 05 Administration and Governance: 89 Others: 11 Total: 203 Here is the list of these 203 candidates…(also attached) 252592665-Vinita-List-of-Candidates-for-CIC.pdf “It is pertinent to mention that in a Review Petition filed by Union of India against Hon’ble Supreme Court judgment dated 13.09.2012 in Namit Sharma case, the Hon’ble Supreme Court vie the judgment dated 03.09.2013, inter-alia, gave the following direction: 1. We direct that only persons of eminence in public life with wide knowledge and experience in the fields mentioned…..be considered for appointment as information commissioner and Chief Information Commissioner.’’ The Search Committee would be seeking reports from Central Bureau of Investigation (CBI) of the shortlisted persons and would ask DoPT to obtain reports from Intelligence Bureau (IB). So, finally it seems the crucial vacancy that had earned ire from activists from across the country is well on its way to be filled up. However, India needs to thank Delhi-based RTI activist Commodore Lokesh Batra (retd) who has been pursuing this issue through RTI applications. Batra says, “Though there is a huge delay in filling up the above posts, I am of the opinion that this time the process of shortlisting is going to be more transparent.’’ [TABLE=width: 700] [TR] [TD] [/TD] [/TR] [TR] [TD][TABLE=width: 660, align: center] [TR] [TD] [/TD] [/TR] [TR] [TD]Here is the chronology of his efforts as timeline by him:[/TD] [/TR] [TR] [TD] [/TD] [/TR] [TR] [TD]07.09.2014 : Filed RTI in DoPT (No. 1-Attachment)[/TD] [/TR] [TR] [TD] [/TD] [/TR] [TR] [TD]07.10.2014 : CPIO, DoPT sent response and intimated that both the Files are under submission i.e. (i) File No.4/4/2014-IR concerning processing the appointment of Information Commissioners in CIC and (ii) File No.4/7/2014-IR concerning processing of appointment of Chief Information Commissioner" in CIC.[/TD] [/TR] [TR] [TD] [/TD] [/TR] [TR] [TD]29.10.2014, I inspected File No.4/7/2014-IR : concerning appointment of Chief Information Commissioner after it was returned by PMO and collected certified copies of Notings Side from Page NOs 15 to 31 (last page). I also collected relevant 10 pages from Correspondence side.[/TD] [/TR] [TR] [TD] [/TD] [/TR] [TR] [TD]DoPT File No.4/7.2014 : Appointment of Chief Information Commissioner in CIC 2014[/TD] [/TR] [TR] [TD] [/TD] [/TR] [TR] [TD]• PMO after holding the file for over two and half months (from 01.08.2014)..... returned the file to DoPT vide PMO ID dated 17 October 2014. In its note of 17 October 2014, PMO stated that : Quote : "Prime Minister has desired that for the sake of consistency and uniformity in approach, the procedure for selection of Information Commissioners which includes, among other things, advertising the post and short listing by a Search Committee, may be adopted for appointment to the post of Central Information Commissioner as well. Such short-listed panel may then be placed before the Selection Committee for its consideration."Unquote[/TD] [/TR] [TR] [TD] [/TD] [/TR] [TR] [TD]12 June 2014 : DoPT sought clarification from Lok Sabha Secretariat : "xxx whether any leader of opposition in the Lok Sabha has been recognised. If the leader of opposition in the Lok Sabha has not been recognised as such, it is requested to kindly intimate the name of the leader of the single largest group in opposition of Government in the Lok Sabha, for the purpose of selection of Information Commissioners as per the RTI Act."[/TD] [/TR] [TR] [TD] [/TD] [/TR] [TR] [TD]19 June 2014 : Lok Sabha Secretariat responded to DoPT's above clarification and stated : Quote "As on date, there is no Leader of Opposition in Lok Sabha. Indian National Congress with a strength of 44 members is, however, the single largest party in opposition to the Government in Lok Sabha. As per information received from the party, Mallikaarjun Kharge is the Leader of Indian National Congress in Lok Sabha" Unquote[/TD] [/TR] [TR] [TD] [/TD] [/TR] [TR] [TD]08 July 2014: DoPT sought the advice of Department of Legal Affairs (DOLA) as to whether the Leader of single largest party in opposition can be considered as Leader of the single largest group in opposition, in Lok Sabha, for the sake of section 12(3) of RTI Act.[/TD] [/TR] [TR] [TD] [/TD] [/TR] [TR] [TD]15 July 2014: Pending Clarification from DOLA..... DoPT submitted file with brief to PMO for kind consideration of Hon'ble Prime Minister on 'Appointment of Chief Information Commissioner' in Central Information Commission for :- (i) Nomination of a Union Cabinet Minister for the Selection Committee u/s of the RTI act. (ii) A convenient date for holding of the meeting of the Selection Committee.[/TD] [/TR] [TR] [TD] [/TD] [/TR] [TR] [TD]21 July 2014: V. Sheshadri, Director, PMO in its note to Secretary, DoPT conveyed that the Prime Minister has nominated Arun Jaitley, Union Minister of Finance, Corporate Affairs and Defence, as the Member of the Selection Committee under of Section 12(3) of the RTI Act. The PMO note goes on to say "The undersigned is directed to convey that the matter shall be resubmitted for a decision on date of meeting of Selection Committee, after the issue raised in para 6 of the aforesaid note is decided."[/TD] [/TR] [TR] [TD] [/TD] [/TR] [TR] [TD]17 July 2014: DOPT received clarification from DOLA. DOLA confirmed on DoPT query in affirmative with a rider that "We, however, clarify that this answer is only for the limited purpose of the RTI Act [explanation below section 12(3)] and not for any other purpose"[/TD] [/TR] [TR] [TD] [/TD] [/TR] [TR] [TD]31 July 2014: File was again submitted to PMO. In this note name of Mallikarjun Kharge, the Leader of Indian National Congress in Lok Sabha was included as Member of the Selection Committee and Arun Jaitley, Union Minister of Finance, Corporate Affairs and Defence as Member of the Selection Committee.[/TD] [/TR] [TR] [TD] [/TD] [/TR] [TR] [TD]17 October 2014: PMO after holding the file for over two and half months (from 01.08.2014)..... returned the file to DoPT vide PMO ID dated 17 October 2014[/TD] [/TR] [TR] [TD] [/TD] [/TR] [TR] [TD]24 October 2014 : DoPT uploaded a circular on the website of DoPT advertising post of Chief Information Commissioner and later also advertised in English and Hindi Newspapers[/TD] [/TR] [TR] [TD] [/TD] [/TR] [/TABLE] [/TD] [/TR] [TR] [TD][/TD] [/TR] [/TABLE]
  17. karira has just uploaded Order passed by single Information Commissioner is untenable! The Bombay High Court has ruled that an order passed by a single Information Commissioner in the SIC is invalid since th
  18. State has a responsibility towards the citizen, who should not treated as opposite party or rival. It is not proper to take every case in appeal up to apex court mechanically, simply because there is a provision in Civil Procedure Code. It has to introspect and answer whether it was behaving like a ‘responsible litigant’ with the citizen? As pointed out by Hon’ble Justice TS Thakur, Judge of Supreme Court, there is no mechanism to scrutinize the cases which need to be contested and which not to be. It is rightly said that that large number of cases against state “cannot be a good sign of good governance” (Feb 14 arraignment date for Justin Bieber arrest | The Indian Express 12, 2015). Commission would like to quote Justice Thakur who said: “Every case filed irrespective of merits is burdening the judiciary, costing the exchequer and increasing the pendency of case. This is deficit in governance. Governance is not just army, police, road, building etc but governance also is adjudicating rights of a citizen which is legitimately due to him.” The respondent authority has a duty to tell the people whether they have any mechanism to examine each case before contesting a citizen or appealing the judgment given in favour of citizen. Do they have such mechanism? CENTRAL INFORMATION COMMISSION ROOM NO 315, BWING, AUGUST KRANTI BHAWAN BHIKAJI CAMA PLACE, NEW DELHI-110066 File No.CIC/SA/A/2014/000386 SHRI SURESH KUMAR RANGI Vs. DEPARTMENT OF LEGAL AFFAIRS GOVERNMENT OF INDIA, NEW DELHI Date of hearing : 23.12.2014 Date of decision: 17.02.2015 Information Commissioner: Prof. M. Sridhar Acharyulu (Madabhushi Sridhar) Referred Sections : Sections 19(3) of the RTI Act Result : Appeal allowed/disposed of The appellant is present. The Public Authority is represented by Mr. K. G. Thang, CPIO. FACTS 2. The Appellant through his RTI application dated 04.09.2013 had sought for inspection relating to i) letter no. 24 dt 12.04.2013 ii) letter dated 14.11.2012 iii) implementation of National Litigation Policy – 2010 and certified copy of the same. Having received no reply within the prescribed period, the appellant preferred First Appeal on 14.10.2013. FAA by his Order dated 25.10.2013 directed the PIO to furnish the complete information. Appellant vide his letter dated 25.11.2013 informed the PIO that he had been allowed inspection of one file only and with respect to other files, no inspection was offered to him. Being unsatisfied with the information furnished, the appellant has approached the Commission in Second Appeal. DECISION 3. Both the parties made their submissions. The appellant submitted that he belonged to a NGO by name Sajat Bharat. They are interested in the progress of implementation of National Litigation Policy 2010, according to which the Government is required to take step to appoint Nodal Officers in different Departments of the Government including the State Governments, and to scrutinise/review those litigations pending in various courts and filter them as per the public interest to avoid wastage of public money & time. 4. The respondent authority submitted that necessary steps are being taken to implement the National Litigation Policy-2010 and the Government already constituted a Committee under the Chairmanship of the Attorney General of India, which would review the pending cases and submit a report to the Government. 5. On 25th November 2013, appellant was provided inspection of one file while another file was not available. Appellant complained that he was not given copies which he sought after inspection, that there was no response to his request dated 3rd December 2013, and 6.1.2014. Therefore he approached the Commission with complaint and in second appeal. Main complaint is that CPIO and FAA failed to supply certified copy of the documents which were already available in the file as shown during inspection, and other file was not shown even after they held it. 6. It is surprising as to why the respondent authorities are not ready to show the concerned files about implementation status of the National Litigation Policy? If they could not provide inspection initially because the policy is under consideration, why did not they show after deciding to implement the policy? As per media reports, there are 2,73,60,814 cases pending in District & Subordinate Courts, while 44,79,023 cases in High Courts and 65,970 are pending in Supreme Court. 7. While the Chief Justice of India advised judicial officers to contribute their part in resolving pendency, the Law Ministry also came forward to withdraw frivolous cases the government both at centre and states filed in courts of law. Hon’ble Chief Justice of India Sri H L Dattu expressed concern over the huge pendency of cases in the courts and said the delivery of justice must be handled by the judiciary through reform and adoption of modern tools along with emphasis on social values. He urged the members of the judiciary to apply their minds and talents to tackle the problem. Though there was no dearth of legal minds in the country, there was still criticism that the delivery of justice was slow and ineffective, he said. (404 - Page Not Found article6689072.ece) 8. It is reported that the Ministry of Law and Justice asked various departments to set up empowered committees to review and suggest withdrawals. The Law Ministry also stated to have written to chief justices of high courts to advise judges to invoke Section 258 of the Code of Criminal Procedure (Cr.P.C.) which relates to the ‘power to stop proceedings and remove deadwood from judicial system’ where it is necessary. 9. The Commission finds that it is not easy task to resolve pending litigation overnight or in near future, but the laudable policy initiated should be continuously implemented, so that citizens could find justice within their lifetime. Otherwise, justice seekers would lose hopes, while frivolous litigants dominate the field. 10. The Commission is of view that the Union Government has rightly addressed a vital aspect of the issue, i.e., that the state itself became a biggest litigant, either fighting a citizen or its own department or taking every case into appeal instead of performing the duty of addressing development and welfare of the people, who challenged its actions. While it is ideal that every litigant should be responsible, state is also expected to be a ‘Responsible litigant’, which means, “that litigation will not be resorted to for the sake of litigating, that false pleas and technical points will not be taken and shall be discouraged, ensuring that the correct facts and all relevant documents will be placed before the court, and that nothing will be suppressed from the court and there will be no attempt to mislead any court or Tribunal”. The Policy says: Litigation between Public Sector Undertakings inter se between Government Public Sector Undertakings is causing great concern. Every effort must be made to prevent such litigation. Before initiating such litigation, the matter must be placed before the highest authority in the public sector such as the CMD or MD. It will be his responsibility to endeavour to see whether the litigation can be avoided. If litigation cannot be avoided, then alternative dispute resolution methods like mediation must be considered. Section 89 of the Code of Civil Procedure must be resorted to extensively. All pending cases involving Government will be reviewed. This Due Diligence process shall involve drawing upon statistics of all pending matters which shall be provided for by all Government departments (including PSUs). The Office of the Attorney General and the Solicitor General shall also be responsible for reviewing all pending cases and filtering frivolous and vexatious matters from the meritorious ones. The National mission for judicial reforms includes removing unnecessary Government cases, (Press Information Bureau English Releases). 11. More precisely the policy outlines that the government must discard the easy approach ‘let the court decide’ and cease to be a compulsive litigant. The Commission is of the view that leaving matters to the courts for ultimate decision will amount to abdication of responsibility. The proclaimed purpose underlying this policy is also to reduce Government litigation in courts so that valuable court time would be spent in resolving other pending cases so as to achieve the Goal in the National Legal Mission to reduce average pendency time from 15 years to 3 years. 12 . The Commission observes that the state has a responsibility towards the citizen, who should not treated as opposite party or rival. It is not proper to take every case in appeal up to apex court mechanically, simply because there is a provision in Civil Procedure Code. It has to introspect and answer whether it was behaving like a ‘responsible litigant’ with the citizen? As pointed out by Hon’ble Justice TS Thakur, Judge of Supreme Court, there is no mechanism to scrutinize the cases which need to be contested and which not to be. It is rightly said that that large number of cases against state “cannot be a good sign of good governance” (Feb 14 arraignment date for Justin Bieber arrest | The Indian Express 12, 2015). Commission would like to quote Justice Thakur who said: “Every case filed irrespective of merits is burdening the judiciary, costing the exchequer and increasing the pendency of case. This is deficit in governance. Governance is not just army, police, road, building etc but governance also is adjudicating rights of a citizen which is legitimately due to him.” The respondent authority has a duty to tell the people whether they have any mechanism to examine each case before contesting a citizen or appealing the judgment given in favour of citizen. Do they have such mechanism? 13. The Commission finds a huge public interest in this RTI application, which should have been properly responded. In fact the appellant gave an opportunity to the public authority to explain the people about their efforts to reduce litigation and report the progress, for instance, how many cases or appeals are filed by state, how many of them are frivolous, how many were withdrawn, why state is routinely filing appeals against citizen increasing the burden of appellate courts, why vacancies are left out without appointing the judges in those posts, when the department knows the dates of retirement of judges and other employees in advance, why not they schedule a program of recruiting them by that date, etc. 14. The Commission finds a dire need to answer these questions which constitute the essence of the RTI request. It is in the interest of justice, nation and the public authority to prepare a comprehensive note on status of implementation of National Litigation Policy 2010 as on the date of this order and provide the same to the appellant, this Commission, and place it on the official website of the public authority, besides giving appellant the certified copies of the relevant papers regarding progress of implementation of the policy, within one month from the date of receipt of this order. The Commission also recommends periodical updating of this note after collecting necessary inputs from the states. 15. The Commission rejects the complaint because, the PIO cannot decide this major issue at his level, PIO was responding, offering inspection etc. However, the Commission directs the PIO to avoid delays as far as possible, or communicate the reason for delay, if it was beyond his control. 16. The appeal is disposed of. (M Sridhar Acharyulu) Information Commissioner
  19. Shankar R. Patil, Commissioner, Karnataka Information Commission, was exasperated with the lack of preparedness of the concerned Public Information Officers (PIOs) and their representatives at the Zilla Panchayat meeting hall here on Friday. Mr. Patil was here as part of his official State-wide tour for hearing cases at the respective district headquarters. See more at: Unprepared PIOs annoy Information Commissioner - The Hindu
  20. Hello, Respected Sir / Madam I have some pending issue in transport commissioner office mumbai. I like to get information from transport commissioner office mumbai, how to apply to them. Please let me know the complete procedure and DD to make on whose name. regards
  21. Maharashtra government accepted view that information commissioner "targetted" Rakesh Maria over 26/11 call records The state government's decision- to challenge the judicial inquiry ordered by the state information commission over apparent manipulation of 26/11 call records- was based on a senior advocate's advice that the information commissioner was "acting on extraneous consideration and shows bias" and "seems to target Maria" (Rakesh Maria, Mumbai police commissioner). The state had sought an opinion from senior advocate and legal expert, Shekhar Naphade. The state government's decision- to challenge the judicial inquiry ordered by the state information commission over apparent manipulation of 26/11 call records- was based on a senior advocate's advice that the information commissioner was "acting on extraneous consideration and shows bias" and "seems to target Maria" (Rakesh Maria, Mumbai policecommissioner). The state had sought an opinion from senior advocate and legal expert, Shekhar Naphade. It was through a Right to Information (RTI) application that dna discovered the government's reasons for challenging the order. In the order dated July 9, 2014, the state chief information commissioner Ratnakar Gaikwad had torn into Rakesh Maria, Mumbai police commissioner, as well as the then additional chief secretary for "withholding and giving misleading" information. In the same order he had directed the chief secretary to appoint a commission under an existing or a retired judge to probe the matter. The information was sought by Vinita Kamte, widow of 26/11 martyr Ashok Kamte. She wished to find out if there was an unreasonable delay in getting help to Kamte, who eventually succumbed to his bullet injuries. Vinita Kamte had complained about getting two call records of the same period with discrepancies in timings. Before the judicial enquiry, the commission had asked the additional chief secretary to probe into these discrepancies. The additional chief secretary had stated that the original content was the same and that wrong copies were provided to Kamte. An aggrieved Kamte had again approached the commission which had then passed the order about the judicial enquiry. In his opinion that runs into three pages, Naphade stated that the commission order was "perverse" and that it "seems to target Rakesh Maria" as per his opinion. The advocate's opinion was based on the grounds that Maria was not designated as an information officer or any other functionary under the provisions of the RTI Act. "It appears that the notice issued to Mr. Rakesh Maria is with a pre-designed purpose of targeting him," stated the letter. The letter also makes mention of a "senior police officer" in private telling Gaikwad that police did manipulate call records. The officer's name was not disclosed by the information commissioner. "Mr. Jamal Khan, (advocate for the state on some matters) made an application dated 1 July, 2014 and placed above facts on records. By the said application the CIC was requested to examine the police officer who gave information about the alleged manipulation of records. These was no response from CIC to the said application. This clearly shows that the CIC is acting on an extraneous consideration and shows bias on his part," stated the letter signed by Naphade. The letter goes on to state that the commission can only deal with the role of assistant information officer and information officer and not the police commissioner. When dna contacted Gaikwad, in an sms reply he said, "No comments. It is quasi judicial matter pl (sic)." Maria was lately allowed by the state to approach the court for relief. When approached for comment, Vinita Kamte said, "I do not know about the information commissioner targeting Maria. He (Gaikwad) is talking about manipulations that prima facie appeared to have happened. And it is not that Maria and the home department were not given an opportunity to make their say. None of them turned up (to the hearings). Firstly, I shouldn't have been fighting this also. They should have made sure that they call me, make me sit across the table and convince me." Read More: Maharashtra government accepted view that information commissioner "targetted" Rakesh Maria over 26/11 call records | Latest News & Updates at Daily News & Analysis
  22. Hello, I was an employee of a Pvt. Oraganisation which was closed suddenly with a short notice of 15 days. The Directors are not traceable. Around 100 of emplyoees are due for Gratuity. Hence we have filed a case to claim our Gratuity at Central Labour commissioner office , Shivam Road, Hyderabad. The Assistance labour commissioner had awared the verdict in favour of employees. He had asked for detail addresses of all Directors so that he can initiate action against them and give direction to the Collector concerned to freeze the Director's Personal propoerty and get back our Gratuity payment from that propoerty. The award is already given to us in August 2014. We have provided the detail addresses of the Directors immediately to the commissioner. But as on today we are not getting any information from the Labour Commisioner. Please help us . How to know the status through RTI act. Mohan
  23. Right to Information (RTI) Act Commissioner Lam Tantia Kumari has warned Public Information Officers (PIO) of serious action, including slapping of penalty, if the information sought under the Act was not provided to the appellants within 30 days of filling of the applications. Read at: RTI Commissioner warns PIOs - The Hindu
  24. 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
  25. 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
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