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Found 11 results

  1. Central Information Commission gave a title to the decision in which CPIO steadfast fought against the disgruntled employee, who blatantly misused RTI, subverted process of law with malicious intentions as Fight of a bold officer against abuse of RTI and directed the Public Authority to place this order in their official website under the heading ‘Fight of a bold officer against abuse of RTI’ in their RTI Section. (If you want to file an RTI , please go to our guide to file RTI online) Shri Sanjay Chaturvedi posted as a Principal & APIO in the Govt. Sarvodaya Bal Vidyalaya Chirag Enclave, New Delhi submitted to CIC that he is aggrieved with repeated RTI applications filed by Shri Ranjan Sharma (RTI Applicant) and the order passed by the Appellate Authority who allowed inspection of records and directed to provide the documents, free of cost. As the First Appellate Authority has no power to review its order once passed and communicated. CPIO being aggrieved with the decision of the First Appellate Authority, have approached Commission under Section 19 (3) of the Right to Information Act, 2005. For any RTI help, head straight to our forum and post your query. Fight of a bold officer against abuse of RTI He stated that RTI Applicant, Shri Ranjan Sharma has been charge sheeted under Rule 14 of CCS(CCA) Rules, 1965 and he Shri Sanjay Chaturvedi (Appellant) was appointed as Inquiry Officer in the matter by the Department. Since the initiation of enquiry, a number of RTI applications have been filed seeking unrelated information which does not warrant any public interest in any way as the sole motive behind filing these RTI applications was just to harass him. The Commission on perusal of the documents on record and after hearing the Appellant was of the opinion that this was a clear case of harassing a sincere officer by Shri Ranjan Sharma though filing frivolous RTI applications against Shri Sanjay Chaturvedi for being an Inquiry Officer in the disciplinary case against Shri Ranjan Sharma. The commission noted that the RTI Applicant had adopted a stratagem of contrivance to delay the disciplinary proceedings and even went to the extent of threatening civil and criminal action against the inquiry officer. Sanjay Chaturvedi Vs Ranjan Sharma Citation number: CIC/AD/A/2013/001721­SA dated 4.7.2014 (This is an extract of the decision available on the CIC public website, and is meant for generating interest in our readers only. For the true detailed and authentic copy you must read and download the decision from the CIC website. If you have any query, kindly post it over our website here!)
  2. [caption id=attachment_240" align="alignright" width="203] disclosure of information to third party[/caption] If the profile of the person seeking Information, in light of other attending circumstances, leads to the construction that under the pretext of serving public interest, such person is aiming to settle personal score against the third party, it cannot be said that public interest warrants disclosure of information to third party. The Public Information Officer under Right to Information Act, while dealing with the information relating to or supplied by the third party, has to constantly bear in mind that the RTI Act does not become a tool in the hands of a busy body to settle a personal score. The Hon’ble Supreme Court vide decision dated 13/12/20012 Bihar Public Service Commission vs. Sayyed Hussain Abbas Rizvi & Anr [Civil appeal No. 9052 of 2012] has held that clause 8(1)(g) can come into play with any kind of relationship. It requires that where the disclosure of such information which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purpose, the information need not be provided. In other words if in the opinion of the concerned authority there is danger to life or possibility of danger to physical safety, the CPIO would be entitled to bring such case within the exemption of Section 8(1)(g) of the RTI Act. Husband (RTI Applicant) has filed several RTI applications with the BSNL seeking various information relating to Lady employee of BNSL with whom he appears to have a matrimonial dispute and in response to communications to her by the CPIO under Section 11 of the RTI Act, she has objected to the disclosure stating that the information is of personal nature, does not involve any public activity or interest and would cause unwarranted invasion of her privacy. She has also contended that the appellant, who asserts himself to be her husband, has criminal intent and there is a threat to her physical safety, she has claimed exemption under Section 8 (1) (g) of the RTI Act. Disclosure of information to third party Central Information Commission while deciding the case noted that "In the facts and circumstances of the matter at hand the appellant’s allegations against his estranged wife of criminal activity, owning assets disproportionate to her known sources of income, etc only demonstrate his personal bias rather than any public purpose warranting denial of statutory exemption as available to the respondent. It being so, we hold that the information sought is exempt under Section 8 (1) (g), & (j) of the RTI Act." In one such other case CIC has ruled that the fact that the appellant is the husband does not alter this legal position as the husband and wife are two separate legal entities in law and therefore, Sec.11(1) of the RTI Act is applicable. Also on another case available at our Law segment, CIC refused attempt by husband to get hold of information about his wife’s locker citing section 8(1)(d), (e) and (j) of the RTI Act, as he is the third party. In this present case Mr. Alok Sharma Vs BNSL , CIC/BS/A/2013/001026/5102 12 May 2014 the information was not disclosed to husband and it was exempt under Section 8(1) (g), & (j) of the RTI Act. The decision is available at the CIC website here! You should also read various discussions regarding Third Party Information under RTI at our forums. Do you have anything to add to this case decision, please post it at comments below.
  3. I am a government employee in education department. I want to file RTI on my own institution. Will it cause any problem to me legally. As we are questioning our own department. And also can I ask my service record copies?
  4. While hearing the second appeal, Central Information Commission observed that "Access to information, under Section 3 of the Act, is the rule and exemptions the exception". The information can be denied only if it is exempt as per the provisions of Section 8 or Section 9 of the RTI Act. Further, while denying information the authority withholding the information must show satisfactory reasons and such reason should be germane and based on some material. Sans this consideration the information cannot be denied. The CPIO & Asstt. Postmaster General (Staff), Department of Posts O/o the Postmaster General, Chennai City Region,Chennai - stated that the information requested by the appellant (i.e. copy(s) of letter declining promotion by the concerned officers) is exempt under Section 8(1)(j) of the RTI Act. To a query as to how the release of the information would cause unwarranted invasion of the privacy of the individual, he was unable to give any reasoned justification. CIC recorded that "In the instant case the CPIO has been unable to show any satisfactory reasons for withholding the information. Thus, there is no legitimate ground for not releasing the information. Hence, the CPIO is directed to furnish the information as above to the appellant within 15 days from the date of receipt of this order." Access to information under RTI Act is the rule and exemptions the exception Earlier Mr. Vijai Pal from Shahjahanpur, Uttar Pradesh :- Supply the copy of acceptance letter of declination to the post of AAO preferred by Mrs. Kamakshi BCR PA Chennai City central division in compliance of judgement and order dated 22/06/2012 passed by Hon’ble CAT Bench Madaras in OA No. 72/2012. Supply the copy of region allotment order and declination request of the following candidates who were declared successful in post master Grade-I exam 2011. The CPIO has denied the information under Section 8(1)(j) of the RTI Act 2005 stating that the information requested by the appellant (i.e. copy(s) of letter declining promotion by the concerned officers) is exempt under Section 8(1)(j) of the RTI Act. However, CIC decided in favor of the RTI applicant and directed CPIO to furnish the information within 15 days. The decision is available here Mr. Vijai Pal Vs CPIO & Asstt. Postmaster General (Staff) Department of Posts O/o the Postmaster General, Chennai
  5. [caption id=attachment_2047" align="aligncenter" width="960] how discretion and discrimination works within Government[/caption] Continuous effort - not strength or intelligence - is the key to unlocking our potential- Winston Churchill Here is yet another sustained effort by Sh Subhash Agrawal in letting us know how discretion and discrimination works within Government, this case is about changing the number of house because of bad luck to Prime Minister. http://bit.ly/1j0JTf2 The #RTI response also confirms that there are no rules and guidelines for such arbitrary change of government bungalows for personal choice of occupants.
  6. Apathy at its worst! Like a delayed letter, postman got his delayed justice after being wrongly accused of pocketing Rs 57.60, Umakant Mishra remained suspended from his government job for nearly 30 years. In a story covered by TOI, writes that it took nearly 350 hearings and 29 years for Umakant to prove himself innocent, but the loss he suffered in this period was enormous. Is delay the norm? Be it decisions on #RTI or the delayed justice to postman, we face it everywhere. Why political parties yearning for power did not make this manifesto along with corruption and Price rise? This post is the facebook post extension from here: http://on.fb.me/1jh7s3l and the full story can be read here with TOI. Your opinions?
  7. rtiindia

    The dilemma of the CPIO!

    [caption id=attachment_391" align="alignright" width="300] The dilemma of the CPIO[/caption] Imagine the dilemma of the CPIO! In one of very peculiar case, Director who was once a CPIO became an RTI applicant and demanded records of the document which he himself as Director did not hand over to next incumbent. The CPIO therefore replied the RTI query that "the records were not handed over by the then Director, who is the applicant in the present case, therefore, the information cannot be provided." The appellant was earlier Director in the Animal Husbandry Department. He was responsible for recruitment of a number of attendants in 2009-2010. He has since retired from service. The Department is contemplating registration of a criminal case against him for irregularities committed by him in the recruitment. Besides, he also submits that it is suspected that the appellant took away certain documents relating to the recruitment in question and, therefore, on the basis of incomplete records, it is not possible for PIO to provide information, as requested in the RTI application dated 12.4.2012. The Commission appreciate the dilemma of the CPIO. Even so, the CPIO is directed to give inspection of the available records to the appellant on a mutually convenient date and time. It is, however, clarified that he will not be provided copies of any documents at this juncture.” The dilemma of the CPIO During the hearing the FAA filed his written submissions before the Commission as follows: The appellant retired as Director of DAH&AW. During his period he made a recruitment of Attendant post in the year 2010. He has superannuated on 31.12.2010. He did not hand over the records related to the recruitment of Attendant post. Under the RTI he has submitted four applications of the same issue; The information sought by the appellant relates to certain materials of the recruitment to the post of Attendant in DAH&AW; The materials in question are under dispute, the reason being such materials were found untraceable in this Department for sometime and later the same was received by the Department by post from an anonymous sender. Hence, the genuineness of the received materials is being suspected. The information has been brought to the notice of the authorities concerned and a file was mooted to obtain a written approval to lodge a complaint with the Police so as to ascertain the genuineness of the received material since the same has to be produced before the Hon’ble Court for the litigations filed by some of the applicants of the recruitment. At present, the matter is under investigation with the Police Department based on the request given by this Department; Since the genuineness of the material is suspected and multiple litigations pending with the Court, the exposure of the same would likely affect the investigation process and may also affect the commitments made by the Department in the Court; The matter has been explained to the Commission during the hearing held on 20.11.2012 at New Delhi in respect of RTI application of the same appellant and once again explained to the Commission during the hearing held on 27.2.2013 at Puducherry in the presence of the appellant. You may read the following earlier case law here: Can a Government Employee Ask Question under RTI Act 2005?
  8. Every government servant has to disclose his / her property every year. Can i ask details of property declared by government employee. If pio refuse it under sec 8 then what to do. As every government servant has to declare his property every year it must be know to people.
  9. I live in Dubai and my wife is a Tamil Nadu Goverment School Teacher. Every time we are facing hardship in getting permission for her travel. Even now she applied for a travel request and is waiting for nearly three months. How can I make it happen.
  10. As reported at ptinews.com on 05 March 2010 New Delhi, Mar 5 (PTI) The disclosure of educational records of public servants under the RTI Act cannot be treated as invasion of their privacy, the Central Information Commission has held. Chief Information Commissioner Wajahat Habibullah was hearing the case of an RTI applicant Jagdish Prasad Gaur who had sought photocopies of educational records of Joint Director, Security, R D Sharma besides other personal details from Lok Sabha Secretariat but his request was turned down. Gaur had alleged that Sharma abused him and he wanted to file a criminal case against him which required these details. The secretariat cited exemption clauses of the RTI Act which allowed withholding information which is personal in nature and would not serve any public interest. Source: fullstory
  11. Hi friends! What are the eligibility criteria - like level of post, pay scale, etc. - for a government employee to get an officially provided residential landline telephone connection? I think there are some limits on the usage as well - like maximum bill amount etc. Can you please give me some details? Thank you!
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