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Found 7 results

  1. Version Subhash v. SIC

    37 downloads

    Hon’ble High Court of Punjab and Haryana in the matter of Subhash v. State Information Commission, Civil Writ Petition No.17718 of 2014 (O&M) dated 26.7.2016 had held as under: “This Court is of the opinion that reliance upon the judgment of the Apex Court in Girish Ramchandra Deshpande's case (supra) in the facts and circumstances of the case was not justified. A perusal of the said judgment would go on to show that information sought was pertaining to personal matter of the service career and also details of assets and liabilities of the respondent which was sought under the Act. Resultantly, the Apex Court after examining Section 8(1)(j) of the Act came to the conclusion that the gifts which were accepted by the third respondent, his family members, friends and relatives which were found mention in the Income Tax Returns would be personal information which could be denied under the above said provisions. It was further held that copies of the memos, show cause notices and censure/punishment and details of the investments, lending and borrowing from Banks and other financial institutions could not be given to the applicant since it would amount to unwarranted invasion of privacy of the individual. In the present case as noticed from the application, no personal information as such is being sought for against any one officer. General detail of the corruption cases pending against the serving and retired public servants and as to whether in spite of registration of such corruption cases, the service benefits to such officers had been given or not and which officer had passed such orders were sought for. It is thus apparent that what is being sought is the information relating to corruption and it is not the information pertaining to a particular individual as such. The respondent- Commissioner, however, in spite of noticing the fact that the appellant had raised this issue has not given any valid reason while upholding the orders of authorities below and has only given a stamp of approval to the same. The Division Bench of this Court in First Appellate Authority-cum-Additional Director General of Police and another Vs. 7 of 11 *** Chief Information Commissioner, Haryana and another 2011 AIR (Punjab) 168 while noting the purpose of the Act, held that information pertaining to corruption is a relevant document and cannot be denied. It was held that such information leads to transparent administration which is antithesis of corruption.”
  2. According to the commission's advocate, Shivang Shukla, an advocate, Kamlesh Bhavsar, had in 2007 sought information regarding appointment of judges to the Gujarat judiciary since 1990. The PIO supplied information regarding corruption charges against judicial officers and about their convictions within the time limit. However, the PIO refused to supply information on Bhavsar's request to furnish the names of all the judges - from the rank of judicial magistrate first class in the lower courts to the justices of the high court - appointed between 1990 and 2007. The PIO told the lawyer that he has asked for the information from the branches concernedand collating the details would take more time. He said he would supply information about the appointments as and when he got the details. On the PIO's refusal to part with the information at the same time, citing the delay in collating the details, Bhavsar filed an appeal before the state information commission, seeking a reply from the HC PIO about the applicant's grievance. In reply to commission's query, the HC's PIO explained his position and sent the details that had been collated to the commission, for it to supply to the lawyer. The PIO sent the information to the commission and requested it to supply the details to advocate Bhavsar, if it thought it fit. The commission ordered the HC PIO to supply the information to the lawyer. This did not go down well with the HC authorities and the registry challenged the commission's order on the judicial side in 2011. The HC last week dismissed its own petition. While directing the PIO to supply the information to the lawyer under RTE laws, Justice A J Desai dismissed the petition filed by the high court itself, in which it had challenged the directions issued to the HC by the Gujarat Information Commission, for furnishing the required information to the lawyer.
  3. Eleven years after a lawyer sought details under the Right to Information Act from the Gujarat high court, the HC directed its public information officer (PIO) to furnish the details to the applicant. According to the commission's advocate, Shivang Shukla, an advocate, Kamlesh Bhavsar, had in 2007 sought information regarding appointment of judges to the Gujarat judiciary since 1990. The PIO supplied information regarding corruption charges against judicial officers and about their convictions within the time limit. However, the PIO refused to supply information on Bhavsar's request to furnish the names of all the judges - from the rank of judicial magistrate first class in the lower courts to the justices of the high court - appointed between 1990 and 2007. The PIO told the lawyer that he has asked for the information from the branches concernedand collating the details would take more time. He said he would supply information about the appointments as and when he got the details. On the PIO's refusal to part with the information at the same time, citing the delay in collating the details, Bhavsar filed an appeal before the state information commission, seeking a reply from the HC PIO about the applicant's grievance. In reply to commission's query, the HC's PIO explained his position and sent the details that had been collated to the commission, for it to supply to the lawyer. The PIO sent the information to the commission and requested it to supply the details to advocate Bhavsar, if it thought it fit. The commission ordered the HC PIO to supply the information to the lawyer. This did not go down well with the HC authorities and the registry challenged the commission's order on the judicial side in 2011. The HC last week dismissed its own petition. While directing the PIO to supply the information to the lawyer under RTE laws, Justice A J Desai dismissed the petition filed by the high court itself, in which it had challenged the directions issued to the HC by the Gujarat Information Commission, for furnishing the required information to the lawyer. View full entry
  4. Version

    5 downloads

    Files in which applications for grant of Arms Licenses were processed would certainly contain personal information of the applicants since no Arms License can be granted without obtaining personal information of the applicant. The disclosure of personal information which has no relationship to any public activity of the person to whom the information pertains. Hence, such information is exempt from disclosure under Section 8 (1) (j) of the Act of the RTI Act, particularly when no element of public interest is involved in disclosure of such information. Therefore, the direction of the Commission for inspection of the files relating to applications for Arms License cannot be sustained and is liable to be set aside.
  5. Hello RTI India Activists, RTI Question(needs drafting): How to seek information from High Court or Supreme Court of India regarding the Judgments on Converted Christians Child adoption from Hindu Parents during 1991-1995? Requesting fellow forum members to help me to get relevant information from High Court or Supreme Court. What is the address of PIO of High Court or Supreme Court? Tips to get information faster. Any suggestions are warmly welcomed. My grandmother wrote a WILL to My Friend's Christian NGO organization. She was converted to Christianity from Hinduism. After she was passed away, One of her close relative was challenging the WILL in High Court as he was her adapted son. NGO is in financial crisis. It can hardly survive not more than 4 months roughly. There are children in the NGO Care, Sick and Old. To overcome the situation. We need to win the case in the court at any cost. Facts about the case 1. She was childless 2. Converted Christian 3. During 1991 She had adopted a Hindu grandson of her Younger Sister Son's-Son by the force her close family members using Hindu ritual and registration. He refused to live with the foster parents and left the house to live with biological parents. After her dismissal he came to know about the assets she had possessed earlier. Thank you all in advance Raja
  6. I want to file a RTI Application to get some information from the High Courts Mumbai Bench. Can I know the format for this RTI Application?
  7. Hello, There is confusion in Second appellate authority of HC, as some decisions are given by SIC and some by CIC. (recent instance is Hon.IC of APIC deciding that HC must provide nativity/salary particulars of HC employees -against which HC has stayed order, and several other CIC decisions against APHC)
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