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  1. 15 downloads

    A perusal of Section 20 of the Act shows that it makes a provision to impose penalty either on Central Public Information Officer or the State Public Information Officer. However, there is no provision to initiate a departmental inquiry against the First Appellate Authority as per the Section 20 of the Act.
  2. RTI Act - Section 6(3) Where an application is made to a public authority requesting for an information,— (i) which is held by another public authority; or (ii) the subject matter of which is more closely connected with the functions of another public authority, the public authority, to which such application is made. shall transfer the application or such part of it as may be appropriate to that other public authority and inform the applicant immediately about such transfer: Provided that the transfer of an application pursuant to this sub-section shall be made as soon as practicable but in no case later than five days from the date of receipt of the application. Cabinet Secretariat is a public authority under RTI Act. It has number of departments/sections located in various buildings in Delhi. Recently a CPIO in Cabinet Secretariat transferred my RTI application to another CPIO in Cabinet Secretariat under Section 6(3) of RTI Act. I filed first appeal against this decision as Section 6(3) is for transfer of RTI application from one public authority to another public authority. To my surprise FAA rejected my appeal saying that as other CPIO is sitting in another building CPIO has rightly transferred the RTI application under Section 6(3). I request your views on this.
  3. Is it legal for PIO to give intermediate reply (to ask for document charges) on 29th or 30th day for RTI application? Or He should answer with all documents which are readily available within 30 days including demand for documents charges.
  4. In a specific case, a colleague of mine sought information (under RTI) .... the PIO did not furnish the desired information.. after 28 days he emailed my colleague and mentioned: "I would like to inform you to provide the information in the Application Proforma for the Information Seekers is available at the Institute website and The requirement of Self Attested Photograph and the Proof of Citizenship is a must for the Information Seekers. Please send the above information at the earliest, so that your application can be processed." Can a PIO/CPIO stay away from providing information on the pretext cited above. I welcome your views on this matter - and what can be done against such PIOs/CPIOs? Thank you.
  5. Hallo All, I have filed RTI application to CPIO who doesn't replied even after 30 days. So filed first appeal to FAA who similarly doesn't respond to me. Aggrieved by CPIO & FAA I filed second appeal to CIC. As per instructions by CIC I have posted exact photocopy of CIC second appeal to CPIO FAA. This copy contains many evidence & facts relevant justifications (which wasn't in RTI application & its first appeal.) Second appeal is application to CIC & not to CPIO & FAA. But they replied now. But I am not satisfied with this reply yet. So what should I Do? Again file first appeal or discuss with CIC about unsatisfactory reply. What should my next step?
  6. The Applicant had filed a RTI application with the CPIO, Registrar of Companies, Ahmedabad for providing copies of various complaints/grievances raised against Ahmedabad based company Gujarat Parachlor Private Limited by the shareholders of the company. The CPIO violated Sec 7(1)(2) of the RTI Act and response was received inspite of reminders sent by E Mail to the CPIO. The applicant filed a First Appeal dated 9th February 2015 with CFAA. Hearing was fixed on 23.02.2014. After sending reminder the order was received on 9th March 2015. 1. In the order the CFAA has ignored the fact that no decision was received by the Applicant on the contrary as per submission made by the CPIO claiming that reply was sent vide letter no. ROC/RTI/UDC 202/2014-15/10548a dated 29.01.2015. asking applicant to take inspection of the documents as they are in volumes. No such letter was received by the applicant. Presumably it is an after thought and created letter in view of the violation by him. 2. In the order it is mentioned that the CPIO states that the matter is a civil dispute. 3. CPIO has further stated the Applicant is misusing the RTI Act to suppress to provide information. a. Can the CPIO claim Fraud as Civil Dispute. b. Whether I should file a Second Appeal or Complaint with the CIC as the CFAA has ordered the documents to be provided. Would be highly obliged if somebody would guide me. Regards, K G JHAJHARIA SENIOR CITIZEN Xx xx xx xx (Posting mobile no/ email I'D on open forum boards not permitted) GUJARAT PARACHLOR.pdf GUJARAT PARACHLOR -1.pdf
  7. I had sought following information from my previous employer who is a nationalized bank I had complained to Ministry of Finance that bank was absorbing shortages and fake notes detected by RBI in Bank's revenue accounts instaed of recovering it from concerned Currency Chest Officer.Bank's CVO replied to Ministry of Finance that amount involved is recovered from concerned officer.As per my knowledge it is false report.Hence,I had sought following information REPLIES OF CPIO ON SEEKING INFORMATION ON Rs.71600 recoveries made from currency chest in charge of Belgaum Main branch as per CVO letter no. 2343/2011-12 dated 15.06.2012 addressed to Central Vigilance Commission/ Ministry of Finance INFORMATION REQUIRED 1. Kindly provide me the certified copy of report submitted by Mr.Setty, the then DGM as referred by CVO in letter no.2343/2011-12 dated 15.06.2012 addressed to CVC CPIO REPLY -The report s contain sensitive information of public money and related dealings held by the bank in fiduciary capacity and cannot be given for inspection 2. Kindly inform me the name of Currency Chest in charge during the period from 2003-2009 CPIO REPLY - Since the sought information is more than five years, you are requested to furnish Rs.300/- as further fee in terms of section7(3) of the Right to Information Act,2005 and as per the Bank’s rules on service charges for disclosing various classes of documents and records. Please further note that in the event further fee is required or determined, you are also liable to pay the same before collecting the information/ documents. The payment can be made either in cash or by DD in favor of “Union Bank of India” - 3. Kindly inform me the name of the Officer from whom Rs.71600 was recovered CPIO REPLY -Not available 4. Kindly inform me the date of recovery of Rs.71600 as per Mr.Setty’s report and CVO ‘s letter CPIO REPLY -Not available 5. Kindly provide me the certified copy of credit voucher/vouchers showing the recoveries of Rs.71600 CPIO REPLY -Not available Another RTI application to inspect Concurrent audit report as under REPLIES OF CPIO ON SEEKING INFORMATION ON Concurrent Auditors of Belgaum Main branch and permission to inspect Concurrent Audit reports of 5 months INFORMATION REQUIRED 1. Kindly provide me the name, Contact Numbers and addresses of 3 Concurrent Auditors who had audited Belgaum Main branch during the period from 14.05.2004 to 26.05.2007 CPIO REPLY - -Since the sought information is more than five years ,you are requested to furnish Rs.300/- as further fee in terms of section7(3) of the Right to Information Act,2005 and as per the Bank’s rules on service charges for disclosing various classes of documents and records. Please further note that in the event further fee is required or determined, you are also liable to pay the same before collecting the information/ documents. The payment can be made either in cash or by DD in favor of “Union Bank of India” 2. Kindly permit to inspect Concurrent Audit reports of Belgaum Main branch for the month of September 2006, October 2006 and January 2007 to March 2007 ( Total 5 months) CPIO REPLY -The reports contain sensitive information of public money and related dealings held by the bank in fiduciary capacity and cannot be given for inspection Please guide me to draft First appeal and points which can be covered in the appeal Please help me to draft suitable first appeal to be submitted to FAA
  8. A circular of 17th March 2015 issued by the Department of Personnel & Training-DoPT aims to make Public Information Officers accountable for their replies under the RTI Most users of the Right to Information (RTI) Act invariably face the problem of Public Information Officers (PIOs) sending inadequate and sloppy replies or a standard tersely formatted reply. Now, the Department of Personnel & Training (DoPT)’s circular issued on 17 March 2015 aims to make PIOs accountable by asking them to provide adequate details in their replies. Read at: Flimsy replies under RTI - Moneylife
  9. Respected RTI Activists, Experts and Members, Background story I work in a Central Government Organisation in the northern part of India. There are grave irregularities with respect to fresh recruitments and even promotions. For instance few officers in the top hierarchy are being promoted without following the guidelines and the few provisions provided by the government for the most outstanding are being misused for the benefit of them. In this regard, I filed an RTI through my friend and got the reply for the same. Misleading Information They have provided me with an annexure of officers (department wise comprising of 6 pages containing around 70 names) who are promoted in the last few years. However, the few officers for whom the rule was bypassed were not available in the list and seems to be specifically omitted from the list. To make the omission more broad, they have left the entire department (comprising around 10 officers), just to show that it was not an intended omission but a careless mistake if the information seeker reaches till CIC. The department receives less appeal and no case has went to CIC till date. This could be the reason why they could have went for a calculated risk, assuming that the appeal need to somehow come to them. Apart from that few other specific informations were missed. For example, I have asked for the post held by each officer and the duration they stayed in each post; minimum period for each promotion for each officers; and so on. These information are referred to the same annexure containing the name of officers, but no such information was available. Since I work in the same organisation, I know the CPIO. He is a good person, but a person who is afraid to deny anything told by the management. The CPIO has signed in all the papers, except the annexure containing misleading information which is signed by the Assistant Public Information Officer. Can a APIO sign such documents? APIO is reporting the Officer (the one who I referred earlier) who is being promoted without following the rules and the APIO himself was promoted the same way. Finally, I don't have faith in the Appellate Authority to give fair decision. After all it is the Appellate Authority who was behind the promotion of the officers who I am referring to. Now how should I proceed? If I have to proceed to he AA how my complaint should be? Can this be directly taken to the CIC as a complaint. The long post might trouble, but I need your valuable suggestions
  10. [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
  11. Additional Deputy Commissioner Reasi Shiv Kumar Gupta today called a meeting of all the district level officers (PIOs) with an objective to sensitize them about RTI Act, its implications and mode of answering RTI applications timely. Read at: ADC sensitizes PIOs about RTI Act implementation
  12. 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
  13. In a case before the supreme court,a petitioner has produced an rti reply from one central govt Public sector undertaking,as an evidence. In the counter affidavit filed by the opposite respondent PSU,has disowned the said rti reply,as the personal view of the concerned CPIO. the petitioner has to submit his reply shortly. any ruling by CIC or any courts on the above. opinion from experts are requested.
  14. 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
  15. Two public information officers (PIOs) were penalized with Rs 40,000 for not providing information to an applicant under Right to Information Act. Read more at: PIOs penalized Rs 40k for delaying info under RTI - The Times of India
  16. I received six documents which were the zerox of the original documents I had asked for in the RTI application. Neither of the copies were authenticated by the PIO . Can the PIO provide information without signing the zeroxed documents. Can I write once again to the PIO asking for authenticated information
  17. Attached is a Complaint filed by an appellant against the CIC for creating a position called "Nodal CPIO". It seems CIC has got confused between "Nodal officer" and "Nodal CPIO". RTI-Appeals-5960-MA.doc
  18. There seems to be some 'silent war" going on between CPIO CIC and the ex FAA of CIC (now there is a new FAA). Please see the attached letter by the CPIO of CIC virtually refusing to obey the orders of the FAA and a strong letter from the appellant. The same thing happened in my first appeal with CIC. CPIO refused to obey the FAAs order and I have now filed second appeal. CIC CPIO dares to comment on its FAA order.pdf
  19. Hi all, I am seeking information from Income Tax Deptt. Dehradoon. I have already checked Income Tax Deptt website but I am unable to find the name and designation of CPIO for the same. Please help me finding the CPIO for the Income Tax Deptt. Dehradoon. Also, since Income Tax Deptt. is under Central Ministry, do they have only one PIO or different PIOs for different states?
  20. infogirl

    Delay Tactics by PIO

    I submitted an RTI application to the PIO along with the fees giving full name and contact details including postal address, e-mail, office and residential phone numbers and mobile number. As I did not receive the information within 30 days I filed the first appeal for deemed refusal with the Appellate Authority. I have not received any communication from the Appellate Authority though more than 30 days have passed. Suddenly I received a letter from the PIO [appears to be a backdated letter] that my application cannot be processed as I had not submitted "Proof of Identity". At no place in the RTI Act 2005 does it say that the applicant has to submit Proof of Identity. Only contact details are required to be mentioned in the application which I have fully given. It appears that the PIO is employing delay tactics and trying to deny me the information. What should I do? Since more than 60 days have passed since receipt of the application by the PIO and the Appellate Authority has not responded for more than 30 days after the first appeal should I file a second appeal with the CIC for deemed refusal? Or should I send "Proof of Identity" to the PIO, set the clock backward and bear further delay? If yes, what Proof of Identity should I send? Is the PIO justified in asking Proof of Identity after so much time or is he just employing delay tactics? Should I make a complaint to the CIC?
  21. My wife filed an Application to a Zilla Parishad in Maharashtra. The content of the application are as under: To, The State Public Information Officer (RTI), The Chief Executive Officer’s Office, ......Zilla Parishad. a) Subject matter of the information: Legal Notices received by The Chief Executive Officer during 1st May 2013 to 31st May 2013, their status & action taken on them b) The period to which information relates: 01/05/2013 to 17/08/2013 c) Description of the Information Required: 1) Number of Legal Notices received by the Chief Executive Officer of ...... Zilla Parishad during 1st May 2013 to 31st May 2013. 2) Number of Legal Notices: a) Where reply was sent to the Concerned Advocate. b) Where reply has not yet been sent to the Concerned Advocate till date & reasons recorded for not doing so. 3) The time limit set under Sec 4(1) (b) (iv) of RTI Act 2005 for replying to Legal Notices received by The Chief Executive Officer. As she didn't knew the exact PIO she filed the RTI application to The State Public Information Officer (RTI),The Chief Executive Officer’s Office,......Zilla Parishad. The PIO of the General Administrative Department replied to the Application as follows: 1) NIL (NIRANK in Marathi) 2) a) Not Applicable b) Not Applicable 3) NIL (NIRANK in Marathi) The PIO has also stated that " The information provided is related to only General Administration Department & if expected information is related to any other department then request was made to file separate application to PIOs of that department under RTI 2005 (amendment) rule 3 Now please tell me what should she do to get the required information & also time limit under sec 4 (1) (b) (iv) ?
  22. I had made a RTI application to the Finance Department of a Zilla Parishad in Maharashtra. The Contents are as follows: a) Subject matter of information : Recovery Sheet attached to my Mother Mrs. ABC’s Pension Proposal (PPO No – XYZ) b) The period to which information relates : 01/06/2012 to 16/08/2013 c) Description of Information Required : Recovery from Gratuity was initiated through your Department’s above order. The increments in Recovery Sheet from 07/2007 to 07/2011(Column 3, Page 6, 7 COPY ATTACHED) and increments in Service Book after re-fixation of pay are different. (CONCERNED PAGE COPY ATTACHED) This has resulted in excess recovery of over Rs 22000/- Please provide following information: 1. Name & Designation of employees, officers of Finance Department who checked the Recovery Sheet for correctness. 2. Can Finance Department suo moto correct mistakes in Recovery Sheet & refund excess amount? 3. Exact procedure for correcting mistakes in Recovery Sheets & refunding excess amount. 4. The time limit set under Sec 4(1) (b) (iv) of RTI Act 2005 by your office for correcting mistakes made in Recovery Sheets. The State Public Information Officer didn't respond to Query 1 & 2.But he replied as follows: The Pension cases are prepared by the concerned departments.The calculations are done by the concerned departments & the Finance Department after verifying those calculations & the amount mentioned by the concerned departments to be recovered are indicated in the order & then the order is passed to the concerned Panchayat Samiti.So the RTI application is transferred to the Education Department (Primary) of the Zilla Parishad. So my questions are: 1) If the Final Order is initiated through Finance Department, then before initiating final recovery order isn't it their responsibility to check the correctness of the Recovery Sheet? If it is not then the PIO should have replied that no one from the Finance Department checked this sheet. 2) If the Senior Accounts Officer has signed the Final Recovery Order isn't it his responsibility to check the correctness of the Recovery Sheet? If the Final Order is of Finance Department then it is their responsibility to correct mistakes in the order as the new order also has to be signed by the Senior Accounts Officer.So if they cannot Suo Moto correct their mistakes they should have replied as NO. 3) Now the Education Department (Primary) will reply that Query 1 & 2 are not related to them. So please guide me What should I do?
  23. jiwateshwar

    Failure to comply with 6(3)

    A very good way to sign off your RTI applications:- Found the above in an application put up by jalandharguy, Really great as most CPIO's fail to forward the application under 6(3) and the SIC/CIC do not punish them for this. Such CPIO claim immunity by stating that RTI is still in infancy and they were not aware of the above provision of RTI Act. Does anyone know of a judgment where the CPIO was punished to have failed in complying with 6(3)? Kindly put up links.
  24. I had made an application to Zilla Parishad Education Department on 25/06/2013. The Details of application are as under: Subject matter :Certified Photocopies of Rules, Laws & Circulars regarding Sanctioning of Senior Grade Pay Scale to Primary Teachers of Zilla Parishad.(Maharashtra) Description of Information Required: Please Provide me Certified Photocopies of the following Related to Primary Teachers of Zilla Parishad. 1) All Rules regarding Sanctioning of Senior Grade Pay Scale. 2) All Laws regarding Sanctioning of Senior Grade Pay Scale. 3) All Circulars issued by State Government of Maharashtra or any other Competent Authority regarding sanctioning of Senior Grade Pay Scale. The State Public Information Officer replied as follows: Government Decisions regarding Senior Grade Pay Scale of Primary Teachers from 01/01/2001 to 24/06/2013 are available on http://www.maharashtra.gov.in. So please guide me. He has not replied to information demanded in 1. Also how can I search circulars on http://www.maharashtra.gov.in?
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