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  1. Government has deferred the introduction of the Right to Information (Amendment) Bill, 2018 in the wake of reservations from the Opposition over changes in clauses related to the tenure of Information Commissioners and their salaries and allowances. Minister of State in the Prime Minister’s Office, Jitendra Singh was scheduled to introduce the Bill in the Rajya Sabha in the post-lunch session on Thursday. Though he was present in the House, the government decided not to introduce it as the Congress and other Opposition parties were against the amendments being moved on the grounds that these would dilute the 2005 Act. Sources said the government suggested that the Opposition allow the Bill to be introduced and then sent to a Select Committee of the Upper House. But since the Opposition did not relent, the government deferred the introduction till the time a consensus on the fate of the Bill could be reached. The amendment Bill seeks to change the clause dealing with the term of the Chief Information Commissioner and the Information Commissioners and the State CICs and state ICs. As of now, they get a term of five years from the date they assume office. The Bill states this would be changed to a "term as may be prescribed by the Central government”. This would give the Centre the discretion to terminate the service of the CIC, ICs and the state CICs and ICs in case they do not conform to the will of the government. The Bill also states that the salaries and allowances of the CIC, ICs, state CIC and state ICs shall be such as may be prescribed by the Central government. Though the amendment also maintains that salaries and allowances and other conditions of service of these officials shall not be varied to their disadvantage after their appointment, the government can reduce it for future appointees. As of now, the CIC and ICs get the salary equal to that of the Chief Election Commissioner and Election Commissioner respectively. In the states, the state CIC gets the salary of the Election Commissioner and the state ICs get the salary of the Chief Secretary. The Opposition does not agree with the NDA government’s view that the salary of the CIC and information commissioners should be reduced as this is equal to that of a judge of the Supreme Court. View full entry
  2. RTI Anthem/Video launched by Department of Personnel & Training, Government of India View full record
  3. The list, circulated by the department of personnel & training to the heads of all such institutes, includes Sisodia as a guest speaker on the subject of "RTI" and identifies him merely as "Chief functionary" of Kabir, an NGO founded by him. Read at: http://timesofindia.indiatimes.com/city/delhi/Manish-Sisodia-figures-in-DoPT-list-of-eminent-persons/articleshow/46750164.cms
  4. The Department of Personnel and Training (DoPT) has issued a circular seeking views and suggestions of citizens on the format a public information officer (PIO) should follow while replying to an RTI application. Read at: DoPT seeks suggestion on format of PIO reply | Latest News & Updates at Daily News & Analysis
  5. DoPT has issued an OM directing all Central Government Ministries and departments to uplaod the following information on their websites: 1. Working hours 2. Holidays list 3. Public dealing hours (if any) The OM is attached to this post. DoPT OM on working hours and holiday list.pdf
  6. The Centre has announced that it would provide financial aid to states to set up facilities for online filing of applications under the Right to Information (RTI) Act and others initiatives aimed at simplification and promotion of the transparency law. A fund of up to Rs 3lakh for celebration of RTI Week (October 5-12) and Rs four lakh for innovative awareness generation programme through street plays, folk troupes etc has been earmarked by the Department of Personnel and Training (D .. Read more: Centre announces grant for states to simplify RTI process - The Economic Times
  7. also pls let me know who is the sanctioning authority for an officers post(group A) in the central government organisation(Civil/defence) info by RTI (Proposal put up for sanction of a particular post by the employer specifically in defence) or will this b treated as secret info?
  8. Dear All Latest success stories in the field of RTI are invited from general public & Civil Society Organization located in the Himachal Pradesh to be presented at regional workshop on 30th November 2013 by DOP&T. 5 Best Success Stories will be awarded rs 5000/- each Interested citizens or NGO can post the briefs of their stories here and subsequently selected stories will be considered for the presentation & will be sent the invitation for the same.
  9. I had requested for information from Department of XXXXX through "rtionline" portal of DOPT. After 25 days i was informed that required information has been sent to address through speed post without mentioning any docket or speed post number. It is 10 days from now and i have not received it. Please suggest me the next course of action need to be taken from my side.
  10. In a recent order, the FAA of CIC has reiterated that Post Offices are not designated APIO's for the CIC. Therefore a RTI application to the CIC cannot be submitted through a Post Office. But strangely, the FAA has taken the stand that the 30 days mandatory period for the PIO of CIC to provide information is not the date of receipt in CIC, is also not the date of diarizing in the CIC BUT the date on which the RTI application is received in the PIO's unit ! http://cic.gov.in/CIC-Orders/FAAD_17022010_01.pdf 4. At this stage, it may be clarified that the Commission in the case of Shri D.P. Verma Vs. Central Information Commission decided vide CIC/WB/A/2007/1193 dated 22.11.2007 and CIC/WB/A/2008/00259 dated 18.1.2008 has held that “the Post Office is a Public Authority other than the CIC and Post Master has not been designated under section 5 as APIO of the Commission.” 5. The present application was received in the Commission on 5.1.2010 as per the stamp on its envelope and was diarized on 12.1.2010. It was ultimately replied by Shri Pankaj Shreyaskar on 5.2.2009 and the reply was dispatched on 8.2.2009. Admittedly, there are systemic delays, but as far as the CPIO who replied is concerned he has replied within 30 days of the receipt of application by his unit. As such the delay cannot be attributed to him. It is therefore incumbent upon the Public Authority to do a systemic introspection and remove bottlenecks that cause delay in disposing of RTI applications. ========== Having been to the CIC many times, the PIO's unit is basically his desk !
  11. In a recent order (interim) the CIC has issued a "Show Cause Notice" for penalty to two DoPT officers and also threatened action under Sec 166, 187 and 188 of the IPC. The matter involves the removal of the controversial statement in the FAQ available on DoPT website regarding file notings. Based on the said statement, DoPT denied file notings to an applicant. CIC ordered disclsoure. DoPT ignored it. The appellant complained about non compliance. DoPT stated that the matter was put up before the committee of secretaries and under their consideration. CIC has come down heavily on DoPT. The full order is attached to this post. NOTE - Sections of IPC being invoked: 166. Public servant disobeying law, with intent to cause injury to any person Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending to cause, or knowing it to be likely that he will, by such disobedience, cause injury to any person, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both. Illustration A, being an officer directed by law to take property in execution, in order to satisfy a decree pronounced in Z's favour by a Court of Justice, knowingly disobeys that direction of law, with the knowledge that he is likely thereby to cause injury to Z. A has committed the offence defined in this section. 187. Omission to assist public servant when bound by law to give assistance Whoever, being bound by law to render or furnish assistance to any public servant in the execution of his public duty, intentionally omits to give such assistance, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both; and if such assistance be demanded of him by a public servant legally competent to make such demand for the purposes of executing any process lawfully issued by a Court of Justice, or of preventing the commission of an offence, or of suppressing a not, or affray, or of apprehending a person charged with or guilty of an offence, or of having escaped from lawful custody, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both. 188. Disobedience to order duly promulgated by public servant Whoever, knowing that, by an order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management, disobeys such direction, shall, if such disobedience causes to tender to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both; and if such disobedience causes or trends to cause danger to human life, health or safety, or causes or tends to cause a not or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. Explanation- It is not necessary that the offender should intend to produce harm, or contemplate his disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and that his disobedience produces, or is likely to produce, harm. Illustration An order is promulgated by a public servant lawfully empowered to promulgate such order, direction that a religious procession shall not pass down a certain street. A knowingly disobeys the order, and thereby causes danger of not. A has committed the offence defined in this section WB-02062009-01.pdf
  12. As reported by Santosh Tiwari at business-standard.com on September 25, 2011 Investigating and law enforcement agencies are concerned over the growing number of attempts to misuse Right to Information (RTI) to settle personal scores and animosities, and make personal gains. A senior official from one of the investigating agencies told Business Standard that serious concerns were raised in several meetings convened by the government with the Income Tax Department, the Central Bureau of Investigation (CBI) and others in the recent past. “It has been pointed out that steps are needed to balance the RTI provisions, privacy concerns and protection of individuals and institutions from misuse of any information acquired through RTI,” the official said. He added, the discussion on the proposed Right to Privacy Bill had been broadened to cover this aspect. “It has also been felt that the RTI Act should have provisions so that frivolous complaints and RTI applications are dealt with a firm hand,” he said. The issue was also part of the meeting of the officials from these agencies and also from the concerned ministries, including the ministry of home affairs, called by the Department of Personnel and Training (DoPT) this week. CBI, the Enforcement Directorate (ED), the investigation wing of the Income Tax department, the Narcotics Control Bureau, the Directorate of Revenue Intelligence (DRI) and Delhi Police are all concerned. “It has been seen that the RTI Act is often misused for settling personal scores and grudges,” the official said. The applications aimed at misusing RTI have emerged as a major problem in the dowry and income tax related cases. Outlining the problem, a senior Income Tax official said: “Earlier people would send complaint against an individual first and then file RTI to get the details about tax payments and income. The situation has changed. The complaint and the RTI are coming together and they demand information within a month.” The investigating agencies have stressed that the endeavour to derail critical investigations by seeking information through RTI is emerging as a big issue, the official said. “If the official handling the RTI application is amenable to manipulation, the results could be dangerous,” he added. Explaining the extent of the problem, he said in one of the RTI applications it had been demanded that information should be provided on the postings of a particular army official in different armed forces bases.
  13. NEW DELHI: Magsaysay awardee, Arvind Kejriwal, has returned to the Central Information Commission with the case that provoked the abortive attempt to pull file notings out of the ambit of the Right to Information Act. Reason: despite its promise to CIC five months ago, the Department of Personnel and Training (DoPT) has failed to disclose the manner in which senior bureaucratic appointments are being made. In his complaint to CIC filed on December 12, Kejriwal alleged that DoPT had avoided giving information relating to appointments at the level of secretary and additional secretary by claiming that those details were actually available with the cabinet secretariat. But even if DoPT officials really did not have records on senior appointments, Kejriwal pointed out that they were required by the RTI Act, in such a situation, to transfer his request to the cabinet secretariat, along with CIC's July 14 order directing disclosure of information within a month. Besides seeking a fresh direction to the cabinet secretariat on information relating to appointments at the level of secretary and additional secretary, Kejriwal requested CIC to issue penalty notices to DoPT officials for not complying with its July 14 order. A former IRS officer, Kejriwal first asked for such sensitive information from DoPT more than a year ago under RTI to see whether the officers selected for the level of secretary and additional secretary in various ministries fulfil the prescribed criterion of "specific suitability", despite being drawn mainly from the generalist stream of IAS. Kejriwal's application raised the hackles of the IAS lobby which saw it as an attempt to expose their monopoly over all top posts, regardless of their suitability for the increasingly technical demands of those jobs The information asked for may lay bare the manipulations that allow an officer to be posted as telecom secretary, for instance, without having any qualification or experience in that specialised field. While withholding all information pertaining to the level of secretary and additional secretary, DOPT has been less secretive with Kejriwal about appointments made at lower levels, that of joint secretary and downwards. He was allowed to inspect those files. But Kejriwal's grievance is that he was not supplied with copies of documents despite an express provision in the RTI Act for such service against payment of photocopying charges. While rejecting his request for copies of documents, DoPT cited another RTI provision which permits it to refuse on the ground that photocopying all those files would "disproportionately divert the resources of the public authority." http://timesofindia.indiatimes.com/NEWS/India
  14. As reported by PTI at hindustantimes.com on September 22, 2010 The proposal for issuing a stamp of Rs 10 to be used as fee for filing applications under the Right to Information Act is pending before the Department of Posts for a year now. At present, a person has to either use a postal order or deposit Rs 10 in cash with the concerned department to get information under the Act. "CIC has received recommendation to make stamp of Rs 10 for RTI. We have forwarded a letter to Department of Personnel and Training (DoPT) to act on it," Chief Information Commissioner Wajahat Habibullah told PTI. The DoPT acts as nodal agency for work related to RTI Act. Many RTI activists, including Anna Hazare and Information Commissioner Shailesh Gandhi, had made a recommendation for such a stamp three years ago. The matter is now oscillating between the DoPT and the Postal Department. "We have received a request on making a stamp of Rs 10 for RTI. We have written a letter to DoP as they are responsible for making postal stamps," said G K Verma, Director for RTI Matters in DoPT said, adding the stamp is not ready yet. The proposed RTI stamp is to be made on the lines of Revenue Stamp and Central Revenue Fee stamp (CRFS). Activists have stressed for RTI stamp to popularise the Act and make it more effective among the masses, especially in rural areas. They want it to be available in post offices, Tehsil and Panchayat offices and banks to facilitate hassle-free implementation of Act. The money received through sale of such stamps should be utilised in creating awareness for the Act, the activists have said.
  15. Atul Patankar

    Amendments to RTI Act on the anvil

    As reported by Vidya Subrahmaniam at thehindu.com on November 14, 2009 The Department of Personnel and Training (Ministry of Personnel, Public Grievance and Pensions) has admitted that the government is considering amendments to the Right to Information Act, 2005. The admission, which came at a meeting between RTI activists and DoPT Secretary Shantanu Consul on Saturday, ended the suspense over whether or not the government was contemplating amendments to the RTI. Speculation in this regard started following a meeting that the DoPT had with Information Officers on October 14 where a proposal for the amendments was formally put on the table. However, the government refused to confirm or deny the move, leading to a growing anxiety in RTI circles. Significantly, Mr. Consul assured the delegation led by Aruna Roy of the National Campaign for People’s Right to Information (NCPRI), that the amendments will only be introduced after hearing the views and objections of civil society groups. He said the department would initiate a “transparent and consultative process,” including putting up the draft amendments on the DoPT website, to enable public and civil society participation in their implementation. Mr. Consul also said the amendments would not go through if civil society groups were able to convince the government that they were not necessary, and the purpose for which they were being considered could be met in other ways. Earlier in the day, hundreds of activists from the NCPRI and other organisations gathered at Jantar Mantar to warn the government against tinkering with the RTI Act, 2005. The delegation that met Mr. Consul presented him a letter containing their misgivings over the proposed amendments. The letter was signed. among others by Ms. Roy, Nikhil Dey and Shekhar Singh of the NCPRI and Annie Raja of the National Federation of Indian Women. The signatories said they had apprehensions that the government was moving towards amending the RTI and cited as evidence the October 14 meeting between the DoPT and Information Officers. The RTI activists also wrote to the Prime Minister on October 20, which was signed by dozens of public-spirited citizens. The letter argued that the proposed amendments — envisaging exemption from disclosure for official discussions and consultations (previously known as file notings) and prohibition of frivolous and vexatious complaints — far from strengthening the Act, as promised by the President in her June 4 address to Parliament, would in fact emasculate the Act. The letter quoted two nation-wide studies, “one done under the aegis of the government,” to make the point that RTI was constrained, not by issues being considered for amendment such as frivolous complaints and file notings, but by inadequate implementation, lack of trained staff, and poor management. There was no suggestion in either of the studies that RTI work was hampered by “frivolous or vexatious” applications or by disclosure of “file notings,” it said. The letter said: “This government gave its citizens the RTI Act, and there has been no crisis in government as a result of its enactment. In fact… its use by ordinary people is helping change its (the country’s) image to that of an open and receptive democracy. An amendment in the Act would be an obviously retrograde step, at a time when there is a popular consensus to strengthen it through rules and better implementation...” Source: The Hindu : News / National : Amendments to RTI Act on the anvil
  16. Vide its order referred to below, CIC has asked Secretary DoPT to ensure that DoPT's instructions are complied to by all organs of the Government. The matter related to a complaint by an applicant that various organs were not accepting fees for RTI Applications payable to "Accounts Officer". The CIC felt that it was not within the jurisdiction of the Commission to issue instructions that DoPT instructions should be followed. http://cic.gov.in/CIC-Orders/WB-01102008-03.pdf "In this case the issue is quite clearly the enforcement of DoPT instructions on recovery of fees. As readily agreed to by respondent Shri S. Twickly in the hearing these instructions will be fully complied with. It is not within the province of this Information Commission to issue circulars to Government on the subject of observing DoPT instructions. This is clearly the responsibility of the concerned department. A copy of this decision may, therefore, be sent to Shri Rahul Sareen, Secretary, DoPT who will take such steps as to ensure that the instructions of DOPT in this matter are complied with by all organs of the Government of India."
  17. Are DOPT circulars binding on Union Territories such as Chandigarh??
  18. Govt's different yardsticks on officials quitting as reported by Himanshi Dhawan, TNN, in Times of India, NEW DELHI: Jul 3, 2010, In a blatant example of interpreting the law to suit the day's needs, the Centre chose to accept the validity of a written resignation as having immediate effect and then saw a similar situation in very different light — all within four months. The department of personnel and training (DoPT) accepted information commissioner Omita Paul's resignation — submitted on June 26, 2009 — on the ground that under the RTI Act, resignations of commissioners and chief information commissioners (CIC) would be treated as final without the formal acceptance of their appointing authority, the President. Four months later, the department did an about-turn to say that CIC Wajahat Habibullah's resignation could not be accepted as it was his "intention" rather than an actual resignation. The provocation was a legal notice demanding that Habibullah's orders be struck down as null and void as well as the government appointed selection committee's inability to reach a consensus on a replacement. RTI records accessed by activist Arvind Kejriwal from PMO and DoPT have revealed the "arbitrariness" in the appointments and resignations of information commissioners (ICs). RTI records show that Omita Paul was appointed information commissioner on May 13, 2009 and she resigned on June 26. She joined the finance minister's office the same day even before her resignation was accepted by the President. In a letter dated September 3, President's secretariat raised a legal point asking whether the resignation had to be formally accepted by the President or would it be considered accepted by virtue that it was in the person's writing. Refering to RTI Act's section 13, under secretary Faiz Ahmed Kidwai said the Act "provides that an IC may at any time by writing under his/her hand addressed to the President, resign from his/her office. The RTI Act does not provide that the resignation has to be formally accepted by the President." He added that the same procedure was followed for judges of high courts. The DoPT took a view from the law ministry which in its opinion — approved by the law secretary — said that resignations of the IC and CIC "be treated as final without the formal approval of the President," in a note dated October 15. The law ministry based this conclusion on the fact that RTI Act section 13 had similar provisions as Article 124 and 217 of the Constitution that deals with resignation of HC judges. However, DoPT was caught in a bind when Habibullah resigned. The selection committee was unable to find an "acceptable" replacement and despite putting in his papers on October 19, Habibullah continued to hold charge. To compound matters, DoPT was issued a legal notice by Supreme Court advocate Adbul Rasheed Qureshi demanding that the resignation be accepted and all orders given by Habibullah be declared void. Source : Govt's different yardsticks on officials quitting - India - The Times of India
  19. DoPT has issued a Office Memorandum (OM) Nr. 12/9/2009-IR dated 24 May 2010 wherein it has clarifed that "additional" fees have to be only as per prescribed rules and no additional fee can be charged for postal expenses or additional manpower, etc. The copy of the OM is attached to this post. Members should note that this will be applicable only to PA's under the centre, unless the nodal departments in each state also issue similar circulars, if there is no provision of such types of additional fees in those States. (Note: Some State RTI Rules and Fees do prescribe additional charges to be paid by the applicant for postal expenses) 12_9_2009-IR-1.pdf
  20. Govt mulls more teeth to RTI Act as reported by Neha Shukla, TNN, LUCKNOW: Jun 11, 2010 RTI Act might be set for an amendment. GoI’s department of personnel and training (DoPT) is examining a proposal regarding amendment to the Right to Information (RTI) Act in order to make it more effective. CPIO and under secretary (RTI), DoPT, New Delhi, RK Girdhar, in response to an RTI query by Delhi-based activist Subhash Chandra Agrawal, has said that DoPT is considering making certain amendments to the Act. In future the Act might include a new section, 29A, which will empower the State Information Commissions (SICs) to make regulations. Besides, there might be an amendment to section 2 so as to remove difficulty in ascertaining whether a particular NGO be treated as a public authority or not, and an amendment to section 4 so as to enlarge scope of suo motu disclosure. Moreover, amendment to section 7 (to avoid frivolous and vexatious requests) and amendment to section 8 (to slightly modify provision about disclosure of cabinet papers in order to ensure smooth functioning of government and to take care of the sensitivity of the office of CJI), are also being considered. However, the department will make the amendments only after consultation with the stakeholders, said the CPIO. On April 1, the department had uploaded on its website a questionnaire inviting suggestions from several quarters like civil organisations, information commissioners, public authorities, individuals, NGOs, etc, towards improving the implementation of the Act in the country. The department said it received responses on the questionnaire from 138 respondents. Govt mulls more teeth to RTI Act - Lucknow - City - The Times of India
  21. As reported by ch. Narendra at mynews.in on 08-Mar-2010 Armed with documentary evidence received in several installments from DoPT, Mumbai RTI Activist Girish Mittal filed a formal complaint with Chief Central Election Commissioner Navin Kumar for breach of Model Code of Conduct during the Lok Sabha Elections held in 2009. The complaint, which was dispatched on Friday along with supporting documents, alleges that Prime Minister Manmohan Singh, former Union Law Minister H R Bhardwaj, Minister of State Prithviraj Chauhan and many others knowingly carried out the entire process of proposing, selecting, appointing and swearing-in Ms Omita Paul as Information Commissioner at the time when the Code of Conduct was in force. And it wasn’t only the politicians. “Many highly placed officials belonging to PMO, DoPT, Law Ministry and Rashtrapati Bhavan facilitated the above wrongdoing on an ongoing basis during the period of the Code of Conduct,” alleges Mittal. Magsaysay-award winner Arvind Kejriwal inspected the files at DoPT on 25th January 2010 and unearthed many documents that were denied to Mittal. The complaint to the election commissioner is based on both these sets of RTI documents, meticulously collected over a 6-month period Source: http://www.mynews.in/News/Mumbai_RTI_Activist_files_complaint_with_Election_Commission_based_on_DoPT_reply_N40068.html
  22. In case there is more than one designated CPIO, DoPT has issued a circular clarifying that it is advisable for PA to have a single point to receive all RTI applications...etc.. DoPT circular for creating single point.....pdf
  23. As reported by Ch. narendra at mynews.in on 12 January 2010 Raaj Mangal Prasad, a Delhi-based child rights activist of Pratidhi, an NGO, found through a series of Right to Information applications that the PMO appointed in 2007 two clearly unqualified people as members, National Commission for Protection of Child Rights (NCPCR), a statutory body. Appointed a member of NCPCR as an expert in disability, Sandhya Bajaj, had no desired qualification except being a lawyer and a Congress worker from Haryana. Deepa Dixit, the other member, who was supposedly an expert in child-related laws, was actually a corporate lawyer with expertise in mergers and acquisitions. Another RTI application by Prasad found that acting on the recommendation of the Union ministry of women and child development, PMO hastily approved the appointment of four more persons as members of NCPCR before the elections for 15th Lok Sabha. The four appointments were sought to be pushed in a non-transparent manner, without any clarity on how the candidates were selected. The decision eventually ran up against the election code of conduct and has since remained unimplemented. However, another appointment was carried through in spite of the election code of conduct -- Omita Paul’s dubious appointment as Central Information Commissioner. It is clearly documented how her lightning-fast selection and appointment happened side-by-side with the elections. Documents dug out from DOPT (Ministry of Personnel & Grievances) by Mumbai activist Girish Mittal show various instances of abuse of trust and unconstitutional behaviour. A N Tiwari and Satyananda Mishra -- both DoPT Secretaries – were asked by PMO to forward a panel of names to the PM’s selecting committee for CentralInformation Commissioners. So, acting in pure self-interest, they put their own names on a tiny short list, ruthlessly disregarding the applications of many other qualified contenders. These acts were then concealed by PMO and DoPT officials who hid these papers from RTI applicants. Chief Information Commissioner Wajahat Habibullah defended such concealment of documents with strange reasoning and self-contradictory statements. The contradictions are now out in the open. Thanks to Girish Mittal, there is a wealth of documentary evidence. The selecting committee consisting of Prime Minister Manmohan Singh, former Leader of Opposition L K Advani and former Home Minister Shivraj Patil, smiled upon these malpractices. Mr Tiwari and Mr Mishra were made Information Commissioners. According to government sources, DoPT Secretary Shantanu Consul, who turns 60 on 5th October 2010, will be the next to perform this great deed – this act of treason, of placing self-interest above national interest. MrConsul is thought likely to become the Chief Information Commissioner this month. If he does not, then he is almost certain to become an Information Commissioner in October after superannuation. Are such arbitrary and unlawful selections to Information Commissions and other national commissions happening because of absence of norms? Until now, large numbers of us activists believed that this was the case. But no, these things are done in spite of clear norms and procedures for search and selection of candidates. Read these two well-known DoPT circulars: 1. Search Committees guidelines 1994: http://www.box. net/shared/ jtbzsfhji3 2. Search Committee guidelines ‘07: http://www.box. net/shared/ v46ppyhhn9 DoPT has laid out these guidelines for other Central Government departments. So, Nav Nirman questioned that why can’t it practice what it preaches? Stating that DoPT is virtually an extension of PMO, it asked what use is such closeness to the power-seat of India if you can’t bend and break the rules to suit your own sweet will? Source:Shantanu Consul to be next Chief Information Commissioner through breach of explicit guidelines
  24. As reported at indianexpress.com on Dec 29, 2009 New Delhi : The records with a parliamentary committee can be provided to an RTI applicant once the report is tabled on the floor of the House, the CIC held on Tuesday, but exempted cases where documents are declared confidential. The case relates to RTI applicant Patanjali Sharma who sought a certified copy, from Rajya Sabha, of a rule of the Central Secretariat Services furnished to a Parliamentary Standing Committee on Home Affairs by Department of Personnel. "I am seeking the information relating to the inputs supplied by the Department of Personnel and Training, on the basis of which the (committee) prepared its 83rd Report," Sharma told the Rajya Sabha. He said there were gross factual errors in the report which are adversely affecting his career advancement. Rajya Sahbha gave some information but did not allow inspection of record saying these were "considered" confidential. "The deliberations of the Committee come in public domain only in the form of reports, which contain in detail the matters considered by it at different stages. The reports also carry with them records of the proceedings of the Committee in the form of minutes," it said. The CIC rejected the arguments saying the report was placed on the floor of the house in 2001 and there was nothing to suggest that it could be withheld from Parliament. "Inspection of the file, which is part of access to information...together with taking certified copies of the documents or records... is evidently accessible to appellant," Chief Information Commissioner Wajahat Habibullah said while rejecting the arguments. Habibullah said the Committee had decided to place this before Parliament as long ago as 2001. "Once that has been done, it cannot be argued that any component of that Committee¿s proceedings resulting in the report being placed before Parliament is to be withheld from Parliament, unless so specified," he said. The CIC said the report does not stipulate whether Committee has not decided or has decided against placing a report, or any of its components, before Parliament. He directed the Central Public Information Officer to allow the inspection of the records after seeking permission of the Chairperson of the Rajya Sabha Parliamentary Standing Committee on Home Affairs within 10 days. Source: Parliamentary committee proceedings to be revealed under RTI: CIC
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