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  1. The High Court has struck down CIC order that file noting by one officer meant for the next officer with whom he may be in a hierarchical relationship, is in the nature of a fiduciary entrustment, it should not ordinarily be disclosed and surely not without any concurrence of the officer preparing that note. High Court ruled that "Any noting made in the official records of the Government/public authority is information belonging to the concerned Government/public authority. The question whether the information relates to a third party is to be determined by the nature of the information and not its source." The reasoning, that the notings or information generated by an employee during the course of his employment is his information and thus has to be treated as relating to a third party, was considered flawed. Court further stated that "Section 8 of the Act provides for exemption from disclosure of certain information and none of the provisions of Section 8 provides for a blanket exemption that entitles the respondent to withhold all notings on a file." CIC has earlier made the decision on the basis that when the file noting by one officer meant for the next officer with whom he may be in a hierarchical relationship, is in the nature of a fiduciary entrustment, it should not ordinarily be disclosed and surely not without any concurrence of the officer preparing that note. The file noting for a confidential and secret part would attract the provisions of Section 8(1)(e) as well as Section 11(1) of the RTI Act. The contention of the CIC was struck down and the court directed CIC to take the decision within 3 months. Earlier, however, Central Information Commission (CIC) in their Decision No. ICPB/A-1/CIC/2006 dt.31.01.2006, has held that “file notings are not, as a matter of law, exempt from disclosure”. Usefulness of the High Court Order The above decision is highly relevant for users who are filing RTI to know the Status of their earlier RTI. RTI Applicant can now use following questions in their RTI application Complete details of file notings made on the above said file number as on date. Separately the daily progress made in case of above said file till date i.e. when did it reach which officer/functionary, how long did it stay with that officer/functionary and what did that officer/functionary, do during that period on the said letter together with file noting and name and designation of each officer/functionary List of the officers with their designation to whom before the said file is placed. Also, provide me with the noting made by them on the said file.
  2. Seeing a differing stand on various occasions by Information Commissioners, can the previous decisions be sited? Here is the result of our twitter poll
  3. The basic protection afforded by virtue of the exemption from disclosure enacted under Section 8(1)(j) cannot be lifted or disturbed unless the petitioner is able to justify how such disclosure would be in ‘public interest’. [section 8(1)(j)] CIC_Decision_dated_19.03.2015_on_Appeal_from_Dr._Ram_Kumar_Jaipur_Vs._Controller_of_Communicatio.pdf
  4. Hello, can I file the complaint under section 18 of rti act after decisions of second appeal
  5. Dear Esteemed Members of this August Forum, Today the Hon'ble State Information Commissioner, Haryana Mr. Shiv Raman Gaur (IAS) heard the following four cases of undersigned and issued orders which are as follows: 1) Case number 5808 of 2014 titled Harinder Dhingra Vs Regional Transport Authority, Gurgaon. The undersigned sought information from RTA, Gurgaon about letters and documents sent for verification of vehicles registration to any of transport offices. 2. Date of dispatch, Mode of dispatch and address at which above mentioned letters and documents has been sent. 3. Please provide name and designation of Public Authority/ Office find Section/ Department where the above mentioned application' is currently pending? 4. If above mentioned application has been already processed, kindly provide Vehicle Registration Number assigned for this application. The learned SPIO cum RTI, Gurgaon Mr. Khatri did not provide any information. Filed first appeal but again no information was provided. Filed second appeal, HSIC ordered (Copy Enclosed) on 16th January 2015 to provide complete information in two weeks but issued show cause notice for 27th March 2015 as to why maximum penalty of Rs. 25000/- be not imposed but again the learned SPIO cum AS, RTA, Gurgaon did not provide any response. At today's hearig, no one from RTA, Gurgaon was present, taking a serious view the Hon'ble SIC imposed a penalty of Rs. 25000/- was imposed. 2) Case number 8394 of 2014 titled Harinder Dhingra Vs Regional Transport Authority, Gurgaon. The undersigned sought information from RTA, Gurgaon about number of Vehicles (Commercial and or otherwise) registered with/by your authority during April 2012- March 2013 including the details of vehicle such as make, place of sale & transferred from other places; As per section 2U)(i) of the Right to Information Act 2005. I wish to inspect all the files related to this issue, including flle notings etc. Kindly let me know at the earliest the location of the files and the date,time and venue where I can come and inspect the files. The learned SPIO cum RTI, Gurgaon Mr. Khatri did not provide any information. Filed first appeal but again no information was provided. Filed second appeal, HSIC Mr. Shiv Raman Gaur (IAS) heard the case in Gurgaon and directed to provide information in two weeks and issued show cause notice to RTA, Gurgaon as to why maximum penalty of Rs 25000/- be not imposed.. 3) Case number 7797 of 2014 titled harinder dhingra Vs City Magistrate, Gurgaon The undersigned sought information about mandatory registration of property dealers in Gurgaon by the office of D C , Gurgaon. I sought information on for property dealers of Gurgaon/working in Gurgaon to get themselves registered with the Deputy Commissioner of Gurgaon; Kindly provide the copy of Gazette notification issued in 2009 making it mandatory for property dealers of Gurgaon/working in Gurgaon to get themselves registered with the Deputy Commissioner of Gurgaon; Kindly provide the copy/ies of mandatory disclosure as stipulated under Section 4(1)(b)(xiii) of RTI Act 2005 in which the details of authorizations /Licence granted to Property Dealers of Gurgaon since the issuance of Gazetted notification in 2009 on the above mentioned subject; The City Magistrate, Gurgaon vides his letter number 7109/RT dated 29th Sep 2014 provided information on para 2). Filed first appeal with D C Gurgaon, who also ordered to provide information but was not provided. Filed Second appeal with Hon'ble SIC who while hearing case today ordered to put details of all property dealers who are registered with government on its web-site so that people know the legal property dealers in Gurgaon to Check growing menace of cheating; 4) Case number 5365 of 2014 Harinder Dhingra Vs City Magistrate, Rewari The undersigned filed RTI on 4/6th Feb 2014 asking for copy of records duly catalogued and indexed in a manner and the form which facilitates the right to information under RTIAct 2005 as on date or the latest as the case may be, by your office namely Office of the D C Rewari, The Learned SPIO cum CTM, Rewari provided some information but partly. Filed first appeal with D C Rewari who also ordered to provide information but not provided. Filed second appeal and in todays hearing held in Gurgaon, the Hon'ble SIC Mr S R Gaur (IAS) ordered D C Rewari office to complete the compliance of Section 4(1)(a) of RTI Act 2005 within THREE WEEKS. I am enclosing all the relevant records. Harinder Dhingra RTA_Gurgaon_5808_of_20140001.pdf RTA_Gurgaon_8394_of_20140001.pdf City_Magistrate_Gurgaon_7797_of_20140001.pdf rti dc reg property dealer licence.doc Deputy_Commissioner_Rewari_5365_of_20140001.pdf
  6. NEW DELHI: Your property details, investments and assets can be accessed by your spouse under the Right to Information Act (RTI). The Central Information Commission (CIC) passed the judgment on Friday while dealing with the case of an applicant — an estranged wife and an alleged victim of domestic violence. Read more at: Can access income details of your spouse under RTI: CIC - The Times of India
  7. Hello, While hearing my RTI application CIC stated that attendance record of an employee is a service matter & hence is covered under 8(i)j of RTI act. However the same IC in another decision, delivered just after a month, allowed furnishing of attendance details of an employee stating it public activity. Now under such circumstances, what can be done ? Can I ask CIC to review my order quoting the order where he had allowed furnishing the information ? Pls help. #UTurn regards, Mycent
  8. sidmis

    CIC Decisions in Open Source

    CIC Decisions in Open Source Mr. Prasant Iyengar has painstakingly compiled all the decisions of CIC in into an easily searchable format. So the decisions can be viewed and searcheable on your Desktop. This month's DIGIT magazine also carries this program. For more info, read below. Sidharth User's descretion is a must before downloading any content from the Net and installing the same on your pc. At least check for Viruses. ======================================== OpenJudis - Central Information Commission by Prashant Iyengar Oct 23, 2007 Dear All, As some of you may know, over the past year I've been running a free website of Indian Supreme Court Judgments at OpenJudis - Free Supreme Court case repository I've recently diverted my attentions to the decisions of the Central Information Commission and I'm glad to report that I've just finished programming a database/search engine of CIC Decisions that you can download and install on your hard drive for free (Windows Only). The installation file can be downloaded at http://judis.openarchive.in/CIC.exe (17Mb approx/10-15mins on 256kbs connection) The database contains full texts of over 5000 RTI decisions and is fully searchable. Screenshot available here : http://judis.openarchive.in/openjudisrti.jpg Note that I haven't yet made this database available online and it is only available in its offline form. Hope this will be of use to Information activists in India. Look forward to receiving feedback on this. Regards, Prashant Ps. You may also download the Supreme Court version of OpenJudis (including about 23000 full texts of the Supreme Court) at http://www.nlshare.nl/files/details/4353/openjudissetup.exe . (330 Mb) For this you will also need to separately download and install Swish-e for windows :http://www.swish-e.org/distribution/swish-e-2.4.5-win32.exe (4.5 Mb) Nabble - Commons-law - OpenJudis - Central Information Commission
  9. Over yesterday and today, several orders/decisions of the new IC's have been uploaded on to the CIC website. Here is a brief analysis and highlights of the orders. Please note, that these are still early days and the analysis is only based on those decisions which have been uploaded as of 2200 Hrs on 21 October 2008. Hon'ble IC Satyananda Mishra: 1. in ALL orders uploaded, except TWO, matter remanded back to the FAA: - Remanded back because FAA did not hear the case (even when matter is pending for 18 months in CIC) - Remanded back to FAA because the FAA has not given proper attention while passing the order - Remanded back to the FAA also when the FAA has rejected First Appeal because appellant did not pay the requisite fee for First Appeal 2. Since matters coming up before the Hon'ble IC are very old (some dated February 2007), he clearly mentions that the matter has been transferred to him after he took charge as IC. 3. Some notable excerpts: http://cic.gov.in/CIC-Orders/SM-15102008-11.pdf (This is a order relating to disclosure of file notings and notes. There is some apparent typographical mistake in the dates - they vary from 2008 back to 2006 and fast forward to 2007) I have scrutinized the various documents enclosed with the appeal. From these records, it appears that the First Appellant Authority has not heard the appeal preferred to him. Therefore, I remand this case to the First Appellate Authority to hear this case expeditiously and, certainly, within 15 working days from the date of receipt of this order and pass a reasoned order. While considering the first appeal, the First Appellate Authority must keep in mind the various pronouncements of this Commission on what constitutes an information as expressly defined in the Right to Information Act and not go by the instructions or advisory, if any, of the DOPT as it appears from the order of the CPIO. (Readers will note that Hon'ble IC was the DoPT Secretary before assuming charge as Information Commissioner and DoPT has still not ammended its website regarding "file notings") http://cic.gov.in/CIC-Orders/SM-15102008-06.pdf (Wide interpretation of Sec 7(4)) The Section 7(4) of the RTI Act provides that the CPIO should give assistance to those Applicants who are sensorily disabled, so that they can have access to the desired records. It is true that the Applicant is not sensorily disabled. It is also true that the Ordinance Factory, Kanpur in general and the CPIO in particular have already provided a lot of information contained in those two files concerning the Applicant’s case. Nevertheless, in view of the Applicant’s admission that he is not properly educated and that he can understand documents only with the help of outside assistance, I tend to interpret the expression ‘sensorily disabled’ more wildly to include illiteracy or inadequate education and, therefore, to be ground enough for grant of permission to use or get the help of an assistant for inspecting or accessing the records. http://cic.gov.in/CIC-Orders/SM-15102008-04.pdf (Matter relating to DRDO - organisation covered under Sec 24. Not giving opportunity to appellant and respondent to come to CIC) The Section 24 (1) clearly mandates that nothing contained in this Act shall apply to the intelligence and security organizations specified in the Second Schedule, being organizations established by the Central Government, provided that the information pertaining to the allegations of corruption and human rights violation shall not be excluded under this sub section. I find that the DRDO is included at Sl. No. 20 in the Second Schedule as an organization established by the Central Government. I also find that the information sought by the applicant is neither on any human rights violation nor expressly stated to be regarding any corrupt practice. Thus, I find the contention of the CPIO and the First Appellate Authority in denying the information on the ground of the DRDO’s inclusion in the Second Schedule a just decision. Since no purpose will be served in summoning the appellant and appellate authority or the CPIO and it would prevent infructuous public expenditure involved in the cost of travel, I tend to reject the appeal filed by the appellant. Hon'ble IC Annapurna Dixit 1. Very frequent use of the phrase "lenient view taken" in the orders/decisions and therefore not levying penalty or not even issuing "show-cause notice" 2. Some notable excerpts: http://cic.gov.in/CIC-Orders/AD-10102008-03.pdf (Matter regarding disclosure of AIIMS question paper and AIIMS claiming IPR on those question papers) After hearing the arguments presented by the Respondents and going through documents presented by them, the Commission holds that while normally there should be no reason for withholding question papers from the public, in this case the AIIMS is justified in not disclosing its question papers as it would affect the quality of Doctors going for specialization. The Commission is also convinced that no larger public interest is served by the disclosure of the question papers. http://cic.gov.in/CIC-Orders/AD-03102008-03.pdf (Not allowing disclosure of information if applicants query is phrased in a particular manner) The Commission noted that information against points 1,2,3,5, 7 in the RTI request has already been provided to the Appellant and holds that the queries which are more in the nature of demanding explanations or clarifications (points 4, 11, 12, 13, 14. 15, 17, 19)need not be answered by the Public Authority since the RTI Act does not cast any obligation on the Public Authority to answer queries with prefixes such as ‘what’, ‘how’ and ‘why’. Hon'ble IC Shailesh Gandhi 1. Very dilligent in the time line of the RTI Process. All dates of application, PIO's reply, first appeal, etc. are clearly mentioned in the order. 2. Issues "show cause" notice for every violation of dates by the PIO 3. Does not show any favour to either PIO or to the applicant 4. No notable excerpts Hon'ble IC M L Sharma No orders uploaded, so no analysis possible.
  10. Is there any single source from where one can get information on judgements of various high courts and Supreme Court on RTI matters in last two years? Members may also discuss if it is possible to obtain verbatim decisions of various state ICs and CIC Delhi on CD which have been delivered in last two years. These CDs may be supplied to RTI activists or put on one web-site at no profit no loss basis. Such decisions are educative and informative. The judgements and decisions can be referred to/quoted while dealing with PIO, FAA or ICs, who can take correct decisions based on such information. This will reduce burden on State IC/CIC in future.
  11. Every Public Authority shall provide reasons for its administrative or quasi-judicial decisions to affected persons. This point needs to be clarified more. As I put query asking the reason of some decisions/ steps taken by the public authority, but no proper information/reason was provided. Simlpy they avoided any answer or furnished evasive information. And we are very much unlucky to have such a 'sympathetic' SIC towards these SPIOs that our purpose of having proper information is always being defeated. Would any activist member enlighten me ?--- Abhijeet
  12. I am looking for a database that will make available all the decisions of CIC and State CIC's. In case of CIC all the decisions have been posted at its website. This information is not available for the decisions of State CIC's. Any suggestions to get this information!!!
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