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  1. 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
  2. Impeachment motion against Hyderabad High Court judge C V Nagarjuna Reddy under the RTI Act would be a breach of parliamentary privileges- Says RTI reply from Rajya Sabha The CIC has asked the Rajya Sabha Secretariat to explain how the disclosure of records related to the impeachment motion against Hyderabad High Court judge C V Nagarjuna Reddy under the RTI Act would be a breach of parliamentary privileges. The question was recently raised by Chief Information Commissioner R K Mathur on a petition of S Malleswara Rao who had sought to know from the Secretariat the number of members of Rajya Sabha who signed and moved the impeachment; the rules and regulations in regard to participation of the members among others. Officials of the Rajya Sabha Secretariat said some information was provided to Rao but the records related to notice of motion, names of members who withdrew support to the motion etc., are in the custody of Secretary General of the House which have never been made public. “Such documents relating to or connected with the proceedings of the House are privileged documents and exempted under Section 8(1)(c) of the RTI Act, 2005. The respondent (the Secretariat) stated that once a notice of motion is accepted, as per practice, they disclose the particulars suo-moto,” Mathur noted citing submissions of the Secretariat officials. In his order, Mathur underlined parliamentary privileges and said certain rights and immunities such as freedom from arrest or freedom of speech belong primarily to individual members of each House and exist because the House cannot perform its functions without unimpeded use of the services of its members. Mathur directed the Central Public Information Officer of the Rajya Sabha to inform, with approval of competent authority, in writing as to why parting of this information would constitute a breach of privilege of Parliament. View full entry
  3. Since December 2009, I have filed over 20 direct Complaints under Sec 18, with the CIC for: 1. Sec 4 Disclosure by Supreme Court and various High Courts 2. RTI Rules of various High Courts violating the basic RTI Act itself. Attaching them in the thread for general reference. Still to do the exercise for : Rajasthan High Court Punjab & Haryana High Court Sikkim High Court COMPLAINT Allahabad High Court Rules.pdf COMPLAINT under SEC 18 for Sec 4 disclosure Allahabad HC.pdf COMPLAINT Andhra Pradesh High Court Rules.pdf COMPLAINT Chattisgarh High Court Rules.pdf COMPLAINT under Sec 18 for Sec 4 disclosure Delhi HC.pdf
  4. In the attached order dated 24 Aug 2014, CIC has recommended to the Delhi HC to reduce the application fees by amending its RTI Rules. Hence Commission finds that the rule and practice of the respondent public authority in this case, in relation to the exercise of its functions under this Act as far as imposition of fee of Rs 50 for first appeal is concerned, does not conform with the provisions and spirit of this Act. Invoking the duty to recommend under Section 25(5) of RTI Act, the Commission, therefore, recommends the respondent Public Authority, the Hon’ble Delhi High Court, to amend the rules to bring it in conformity with RTI Act, for effective provision of access to information and to bring uniformity with the rules made by DoPT which are also followed by the Supreme Court. The copy of this order shall be sent to concerned High Courts, to bring the rules in conformity with RTI Act and DoPT Rules. CIC order Delhi HC Fees reduction.pdf
  5. Pl. let us know how to proceed in such cases? Have to move to High Court first to get the orders for reconstitution of missing records and then again confront the CIC with High Court"s order to that effect. In short, how should one go about constructing such case to get the requested records claimed 'missing' by the P.I.O of a Public Authority and the FAA and the CIC both condoning the callously casual attitude of the P.I.O in withholding the records and the information claiming them to be missing. As there are so many cases of this type it will help lot of information seekers who have thus been cheated by PIOs who claimed non availability of the requested records with impunity and the CIC condoning their act. I can cite at least four such cases. It will be of much help if the whole procedure is described in detail for our information and taking necessary action, when confronted with such a situation-SANJOG MAHESHWARI
  6. ANSVNS

    RTI High Court

    I want to know what actions have been taken regarding my complaints sent regarding a single matter through four emails on different dates, to the CJ of Alld High Court. What should be the format of my plea, I mean what exactly shd I ask? And how much fee should I attach at the rate of Rs 50 per info? Thanks.
  7. ArjunThakur

    RTI against HIgh Court

    Hello! I am a law student and I am willing to file an RTI application against the HP Hgh Court. History: I got selected for working in our college legal aid committee. The committee undertook the project "LITIGATION FREE VILLAGE" by virtue of which our college collected information regarding the pendency of cases of villagers in any of the courts in Himachal Pradesh. "Litigation free village" is a project that was carried under the directions of Himachal Pradesh High Court whereby all such data collected shall be scrutinized and the cases that are pending of such villagers in any of the courts in Himachal Pradesh shall heard on priority basis and be disposed within a year. Purpose: Purpose of this project was litigation free village. Failure: This project took place last year and there has been no updates on this from the Hon'ble High Court. My work: So being a law student and also having worked on this project I want to file an RTI application in order to know the current status of this project i.e. Litigation Free Village. I want to find out whether any of the cases that we submitted were entertained or not? So if you are reading this then please guide me as to how I should proceed in my endeavours. Any suggestions would be appreciated. Arjun Thakur [Anticipating your response]
  8. Hi Sir, Do High Courts have any jurisdiction over the Consumer Cases initiated under any section(s) of the Consumer Protection Act -1986(As Amended upto date)? If so, pl. define the prescribed procedural details, and if not why Hon'ble Delhi High Court is exceeding its jurisdiction in the Consumer Matters and the Consumer cases against M/s. Triveni Infrastructure Development Co. Ltd., New Delhi while their jurisdiction (both original and and appellate) exclusively and entirely vests in the Consumer courts (Distt., Forum, State commission and National Commission and finally with the Hon'ble Supreme court. What is the remedy for the hundreds of aggrieved Consumers of the services of the defaulting company who are coerced to take their cases to a Committee Court created by the Hon'ble Delhi High Court, even when they have already been decided by the proper and appropriate Consumer Fora. One such case is Execution case No.504 of 2010 u/s27 of CPA -1986 Sandeep Maheshwari Vs. the Developers still pending before the Hon'ble Distt. Forum No. X, Qutub Institutional Area, New Delhi-110 016 since more than a year?. there could be several such cases as the notorious company has gravely and severely defaulted in providing the necessary services for which they have collected huge sums for their various projects from the hundreds of Consumers. Even vested with the powers of !st Class Magistrate, the Consumer courts for reasons better known to them are shying away from awarding the defaulting company the deterrent punishment and prison term as provided under the Consumer Protection Law.
  9. PUNJAB & HARYANA HIGH COURT - NOTICE ON PIL SEEKING, INTER-ALIA, QUASHING OF APPOINTMENT OF BIDHI CHAND AND CHANDER PARKASH AS PUNJAB STATE INFORMATION COMMISSIONERS A Division Bench of the HC comprising ACJ Adarsh Goel and Justice A.K. Mittal today issued notices for December 1st, to States of Punjab and Haryana, on a PIL filed by Advocate H.C. Arora, seeking appropriate directions to the two States to lay down procedure for selection and appointment of State Information Commissioners, which should contain provision for advertisement of vacancies, setting up of an Empanelment Committee, and calling for intelligence reports about antecedents of candidates before clearing their appointments; Additionally, the petitioner has sought quashing of selection and appointment of Bidhi Chand, (IAS Retd.) and Chander Parkash, a journalist, as Information Commissioners in Punjab. Petitioner has alleged that respondent-States are not advertising posts of State Information Commissioners; applications sent by interested and eligible persons for appointment as Info. Commissioners are not put up before the Selection Committee (comprising respective CM, One Minister and Leader of Opposition); No empanelment committees have been set up, and intelligence reports about the antecedents of selected candidates are not sought before giving them appointment. Resultantly, the petitioner alleged, One Ashok Mehta was appointed as Information Commissioner by Haryana Government in Jan.,2008; later on, it was found that his law degree was fake; eventually, Mehta submitted resignation from post of Information Commissioners, when exposed in news papers. Likewise, One Asha Sharma, who was also appointed as Information Commissioner by Haryana Government in Jan.,2008, was facing a criminal case for alleged tempering with some documents, and the related case was filed against her after sanction of Union Home Ministry; she is still facing the said criminal case in a Court at Chandigarh, while continuing as State Information Commissioner. Leveling a serious charge, petitioner has alleged that Chander Parkash, a journalist, and the Information Commissioner designate, selected by Punjab Government, had remained under suspension for a couple of months while in service of his present employer; This material fact has been withheld from the Selection Committee as well as Governor by the Government. He further alleged that Punjab Governor had referred back the cases of Bidhi Chand and Chander Parkash, with the observation that report about their “integrity” ,as envisaged in P.J. Thomas, CVC’s case, be also submitted regarding these two selectees; However, the Government sent back the cases again to Governor without obtaining any intelligence reports on their antecedents and integrity. ADVOCATE H.C. ARORA IS PRESIDENT OF RTI ACTIVIST FEDERATION AND HE APPEARED AS PETITIONER IN PERSON RTIFED -BN -05 August 2011.pdf
  10. umeshvarmap

    DMRC and its strange logic

    Delhi Metro\'s royal snub Delhi Metro's royal snub DMRC says it is fully within its rights to keep information regarding design and material to itself Six people killed, 12 injured, a city shaken, yet the Delhi Metro Rail Corporation (DMRC) feels it is not bound to part with the design layout of its crumbling structures. The "pride of Delhi", DMRC, snubbed a Right to Information (RTI) plea by a group of concerned citizens who sought structural drawings and details of pile foundation and superstructure. "The required information is the intellectual property of the DMRC and therefore, exempted from disclosure under Sections 8(1)(d) of the RTI Act." End of the matter? No, the fight continues. The applicants have now approached the Central Information Commissioner's office regarding their plea, which was filed following the Metro pillar collapse near Zamrudpur in which six labourers were killed. An inquiry into the incident, over which Metro chief E Sreedharan offered to resign, revealed that the pillar collapsed due to "design and material deficiencies." The residents are afraid that the construction methodology and designs of other structures along the corridor could also be 'faulty' and could lead to another disaster. "For quite a long time now, no work is being carried out at that point. The enquiry into the Zamrudpur pillar collapse has categorically said the design team of the DMRC is not equipped to check each and every drawing. The area falls under seismic zone-IV and thus any shortcoming may prove deadly as the area around the corridor is densely populated," said one of the applicants, wishing not to be named. A spokesperson for Delhi Metro said the information sought is the intellectual property of DMRC as considerable cost and time have been spent in preparing the design details of the projects. "We are not bound to give information sought by the applicants under the relevant section of RTI Act. The inquiry report into the Zamrudpur incident has already been made public," he said. He further said that a private firm has been engaged to look into the shortcomings, if any, across the Phase-II network of the Metro. "As far as work along the corridor is concerned, it is still on." The Other Side A spokesperson for DMRC said: "We are not bound to give information sought by the applicants as it is the intellectual property of the DMRC and therefore, exempted from disclosure under Sections 8(1)(d) of the RTI Act. The detailed inquiry report into the Zamrudpur incident has already been made public." What the probe report said >>Designers should check material and workmanship of special structures to certify compliance with design. >>Identify those special viaducts, structures already constructed which may require audit of the design and quality of construction in order to ensure compliance to sound engineering. >>The design team should be strengthened to ensure rigorous checking of special structures. Certified drawings should be made a pre-requisite for construction to proceed. >>Contractors should provide third party checking of designs, which are part of their scope of work.
  11. As per the attached decision of the CIC, it seems that the Calcutta HC has reduced the RTI application fee to Rs. 10.00 and also removed the fee for first appeal. The CIC also asked the Calcutta HC to update its website with the latest RTI rules so that there is clarity for applicants. Calcutta HC reduces application fee.pdf
  12. RTIFED NEWS CHANDIGARH: 12 JANUARY 2012 HC INTEREFERES FOR DIRECTING HSSC TO DISCLOSE MARKS OF WRITTEN TEST OF ASSTT. SECRETARY’S EXAMINATION In a peculiar case of its own kind, a civil writ petition filed by Sukhwant Kaur of Fatehabad, seeking a direction to the Haryana Staff Selection Commission to produce her answer sheet of the written test conducted for appointment to post of Assistant Secretary by the HSSC, came up for consideration before the Justice K. Kannan today. The petitioner leveled a serious allegation that the HSSC is not disclosing her marks obtained by her in written test and interview despite two applications submitted by her, in addition to another application submitted by her under the RTI Act . She alleged that the HSSC had declared the result of selection on 18 October 2011, and that the last candidate in general category had been stated to have been awarded 248 marks in aggregate, in written test and interview. She alleged that as per her private information, she scored more than 300 marks in written test alone, and was bound to be selected even if awarded zero marks in interview, and that the HSSC is deliberately delaying the supply of information to her, and is likely to destroy the answer sheets of candidates, as per its practice, on expiry of 3 months from the date of declaration of result of selection, which period is expiring on January 18th itself. Accepting the submissions made by her Counsel, H.C. Arora, Justice Kannan issued notice to the HSSC for February 10th through the State Government’s Law Officer, and directed him to seek the requisite information from HSSC on the next date of hearing. ________________________________________ – As reported by Advocate H.C. Arora, Counsel for Petitioner. He is a practicing Lawyer at Punjab & Haryana High Court at Chandigarh and is President of RTIFED. DELETED EXTERNAL LINK
  13. Delhi High Court quashes RTI Act, CIC Management Regulations 2007 Nov 27, 2009 – A division bench of the Delhi High Court comprising Justice B.D.Ahmed and Justice Veena Birbal today quashed the Central Information Commission (Management) Regulations 2007 while hearing India's longest running RTI battle the case of Er.Sarbajit Roy v. DDA. All Central RTI appeals will henceforth be heard by all 10 Information Commissions sitting jointly. In 2005 the complainant Er.Sarbajit Roy had moved India's first RTI case to India' FoI watchdog the Central Information Commission (CIC) complaining that the Delhi Development Authority (DDA) had failed to comply with proactive disclosure mandated under new India's Right to Information Act 2005. 4 years later on 22.09.2009 a twin bench of Chief Information Commissioner Wajahat Habibullah and Information Commissioner M.L.Sharma found Roy's allegations to be true and constituted a 3 member committee to go into all aspect of servicing RTI Act throughout the DDA expeditiously. Roy challenging the appointment of the committee cited the Government of India's legal opinion to CIC for there to be no provision in law for CIC to form benches or committees to decide complaints. The DDA then approached the High Court and obtained a stay against all proceeding in Roy's complaint . The Court heard Er.Roy, standing senior counsel for CIC Prof. K.K.Nigam and standing counsel for DDA Adv. Ajay Verma at length over 2 days. The Court was astounded to learn that the CIC (Management) Regulations 2007 promulgated by CIC which permits setting up of benches and inquiry committees had never been notified in the gazette to have any legal effect. The Court while striking down the Regulations also interpreted section 12 (4) of the RTI Act to be a "provision restricting the CIC's autonomy" and not as an enabling provision to frame notifications. Noting that the Department of Personnel (DOPT) had consistently refused to notify the CIC's wide roving regulations, the Court remarked "what was not done by Rules cannot now enter through the backdoor of these illegal regulations". Responding to the decision Chief Information Commissioner Wajahat Habibullah said "It is highly impractical to expect the entire bench to hear every case together especially in the state commissions. We have asked them to provide an alternative, a system in place so that their demand could be considered". CPI Politburo leader Brinda Karat also hit out at the government over the Government demand to force CIC to only sit as a Full Bench in Parliament. "Who is the DoPT to make such demands, the CIC is an independent body. The government has no business getting involved in this." There are now concerns that attempts by the government to restrict the role of the CIC will lead to a massive delay in disposing cases. Already 26,000 cases are awaiting hearing at CIC with an 18 month backlog. The wait has just got longer. Delhi High Court Infowire, an online website for advocates reporting daily hearings from Delhi High Court contributed by advocates who appeared Source: http://www.prlog.org/10429934-delhi-high-court-quashes-rti-actcic-management-regulations-2007.html
  14. ]RTI NEWS CHANDIGARH 17 DECEMBER 2011 A ‘RULE 49-O’ VOTE CASTED IN POLLING BOOTH IN SECTOR 22-D CHANDIGARH DURING MUNICIPALITY ELECTIONS[ [/b] During the General Election of Councilors for the purpose of constituting the Municipal Corporation of Chandigarh under Section 4, which are conducted under Election Commission appointed under Section 7 of the Delhi Municipal Corporation Act.1957, having the superintendence, direction and control of elections to the preparation of the electoral rolls for and the conduct of all Election to the Corporation and responsible for the functions conferred on the Election Commission. During the these Elections on 17 December 2011 an unprecedented feat has been made in the History of Chandigarh as a voter exercised his right under Regulation 49-O of the Conduct of Election Rules, 1961, in Polling Booth No. 12 in Ward No. 3 by abstaining from the voting after marking himself present at the Booth and signing the register for the purpose. After getting his left index finger marked with indelible ink mark, instead of moving to the Electronic Voting Machine (EVM) to cast his vote, the voter moved to the Presiding Officer of the Booth. He announced to the Presiding Officer that he want to exercise his right under Rule 49-O. A near chaos prevailed in the Polling booth, as this was beyond the imagination of the Presiding Officer and other Election Staff on duty in the booth. In a huff the entire staff just become anxious and started looking at the rule book. The presiding officer comforted Voter offer him a chair outside the booth, while they look for the solution. Presiding Officer made some inquiries over telephone to his superiors and, after a while returned to the voter and said, that “Sir, since you are rejecting all the candidates, a remark to the effect “voter rejected vote” will be entered in the register where voter had signed earlier. The presiding Officer did that, Shook hand with the voter and thanked him. Voter moved out leaving everybody perplexed. His voting in this manner will not count but will stand out. He has done so in the wake of notices sent to Election Commission of India to provide a Button on the EVM for Rule 49-O Voting so that the ballot remains secret. On a PIL filed by local lawyer and RTI Activist, H.C. Arora, a Division Bench of the HC comprising CJ Ranjan Gagoi and Justice Surya Kant issued notices for 02 February to Election Commission of India, Chief Electoral Officer Punjab, Union Law and Home Ministries, and State of Punjab. But in the existing procedure the name of the abstaining voter is revealed as the Register on which the voter was made to sign before abstaining is a public record for everyone to access and see. Also under RTI this information and record cannot be denied. Thus, the voter is exposed to exploitation by the vested interests, only due to the faulty procedure, which Election Commission has refused to set right, till now. He plans to obtain the record of the Register signed in the Polling Booth under RTI Act 2005 from the Chief Electoral Officer Chandigarh on Monday 19 December 2011. That humble voter was 59-year old Surendera M. Bhanot, Voter No. 389 in the Part 144 of the Voting List of Poling Booth No. 12 in Sector 22-D, of UT, Chandigarh.
  15. RTIFED News TOMORROW NEWS TODAY CHANDIGARH: 10 DECEMBER 2011 ]ACCOUNTANT GENERAL (AUDIT) REPORT LAMBASTS PUNJAB MINISTERS ON DISCRETIONARY GRANTS In response to a PIL filed by RTI Activists-cum-Advocate, H.C. Arora, praying for issuance of direction to the State of Punjab to introduce some effective safeguards against misuse of discretionary grants by CM/Ministers and Chief Parliamentary Secretaries, the Accountant General (Audit), Punjab has filed its affidavit through Sh. Raghubir Singh, Deputy Accountant General (Inspection Civil and Administration), clarifying the manner in which the audit of discretionary grants disbursed by Punjab Chief Minister and Cabinet Ministers, including Parliamentary Secretaries, are audited. The AG (Audit) Punjab, alongwith its affidavit has enclosed “Theme audit report” which states that AG (Audit) Punjab is not authorized to audit the accounts of the, Clubs, Colleges or other NGOs to whom the grants are issued by the State Government out of public funds. However, under “The Comptroller and Auditor General Duties/Powers and Conditions of Service Act, 1971”, the Governor can direct the audit of the accounts of such NGOs also. The AG, Punjab (Audit) has further stated in its audit reports that under Punjab Financial Rules, Volume-I, discretionary grants can be sanctioned only upon satisfaction of certain conditions, including the requirement to submit the audited statements of accounts before the sanction of such grants so that the grant may be justified by the financial position of the grantee, and to ensure that the previous grants, if any, given for the purpose had been utilized for which those were given. Besides, the beneficiary of discretionary grant has to execute a bond that it shall abide by the conditions of grant and shall refund the grant in case of breach of terms and conditions of the bond. This condition is also required to be incorporated in the sanction letter. The aforesaid provisions of rules are not being complied with while sanctioning discretionary grants in Punjab. In the “theme audit report” for the period 2009-2010 of the discretionary grants, it is stated that under the guidelines for disbursement of discretionary grants by Cabinet Ministers, a Cabinet Minister cannot sanction discretionary grants exceeding 50 per cent of the quota in his own constituency, however, “Sh. Manoranjan Kalia sanctioned grants of 80 per cent approximately in his own Constituency, during the period 2009-10, which is irregular”. The audit report states that although the grants can be sanctioned for repair, maintenance and renovation of school buildings, such grants are not permitted for construction of rooms of the school building. However, during the year 2009-2010, an amount of Rs. 63.90 lacs in 21 cases was sanctioned and disbursed to the colleges and school management for construction of rooms in contravention of the approved guidelines. The audit report further discloses that while under the guidelines, the discretionary grant cannot be sanctioned for the same purpose during the same year, and a certificate is required to be obtained from grantee/institutions specifying clearly that said institutions has not been sanctioned any grant for the same purpose by any other departments during the same period, “yet an amount of Rs. 65.50 lacs by way of discretionary grants has been sanctioned and disbursed in the same financial year, which reveals that undue favour was given to the beneficiary.” As the requisite certificate was not obtained from the grantees, in the absence of which it could not be ascertained whether any such beneficiary had not obtained any monetary benefit in the shape of grant during the same period. The audit report also gives some instances of issues of misutilisation of discretionary grants by the beneficiaries, and it has been pointed out that a grant of Rs. 10 lacs was released in September, 2009 to “Chandigarh-Punjab Union of Journalists” for overall social development works. However, an amount of Rs. 2.30 lacs was used for the purposes not covered under the social works, and an amount of Rs. 7.70 lacs is still lying unspent with the aforesaid association. “This had resulted not only into the misutilisation of Government funds, but also resulted in blockade of Government money without any requirement.” The audit report further points out that a discretionary grant of Rs. 5 lacs was sanctioned in favour of “Indian Media Centre” (IMC), Ludhiana, during 2009-2010 for construction of new shopping complex”. However, the IMC is operating its office in a rented building and construction was not allowed therein. It was further revealed through discussion that money was lying unspent with IMC till June. This shows the callousness attitude of DDO as he should verify the facts about the beneficiary to whom the grant was released. The affidavit points out that huge amount out of sanction grants are being disbursed with an inordinate delay by the concerned officers. The audit report, however points out that utilization certificates were not being received from the departmental officers. It is pointed out that as on June, 2010, utilization certificates for Rs. 8.86 crores in respect of 459 grants released upto November, 2009 had not been received till June, 2010. Thus, the utilization of grant for intended purpose could not be ascertained. Coming to the grants sanctioned out of the Small Savings Schemes, it is pointed out that scrutiny of records in March, 2010 of the Director Small Savings Punjab, revealed that the net savings collections mobilized during the year 2007-2008 and 2008-2009 was minus (negative). However, at the instance of the Chief Minister and Finance Minister, annual budget of grants from Small Savings Scheme was sanctioned at Rs. 3 crores and Rs. 2 crores each for discretionary use of CM and FM respectively, for the year 2008-2009 and 2009-2010. This was done in the face of guidelines of the department of Small Savings Punjab, that only 1 per cent of the Net Saving collections mobilized in the preceding year in the Small Savings Schemes launched by Government of India is to be used by CM and FM every year as Prize money. It is pointed out that out of the discretionary grants given from Small Savings Schemes, an amount of Rs. 10 Crore was sanctioned and disbursed between 2008 -2010 by the District Small Savings Officers in disregard of the provisions contained in rules, and without satisfying the requisite condition of submission of audited statement of accounts and execution of a bond for re-fund of the grant in the case of breach of terms and conditions of sanction of grants. l As regards the receipt of utilization certificates against grants out of small savings, it is stated that the utilization certificates for an amount of Rs. 7 crores (out of total amount sanctioned/disbursed as Rs. 9.7 Crores) are yet to be received pertaining to the years 2008-2010. Indicting, though without naming the CM, it is stated in the audit report accompanying the affidavit that in violation of the finance rules, and even without stating clearly the purpose for sanctioning the grant, an amount or Rs. 1.50 crore was sanctioned/released to the Deputy Commissioners of Muktsar and Bathinda Districts, out of Small Savings Schemes, without specifying the purpose, and that too at the fag-end of the year, and those grants were latter disbursed to the beneficiaries without obtaining the requisite documents and execution of bonds. The aforesaid PIL is now scheduled to be listed for further hearing before the Punjab and Haryana High Court on12 December next. ________________________________________ – As reported by Advocate H.C. Arora, Petitioner In Person. He is a practicing Lawyer at Punjab & Haryana High Court at Chandigarh.
  16. As reported in zeenews.com on 16 February 2009: No records of complaints against High Court judges Supreme Court claims holds no records of complaints against High Court judges New Delhi, Feb 16: Does the Supreme Court keep no record of complaints received against High Court judges? Well, this seems to be the case as the apex court has refused to disclose such information to a RTI applicant claiming that such complaints "are not held by or under the control of Supreme Court of India ", an argument upheld by the Central Information Commission. The case pertains to the RTI query of Shruti Singh Chauhan who sought details from the apex court of the "List of all complaints received against judges or staff of different high courts" between April 1, 2003 to March 31, 2007. She had requested the public information officer of the apex court to forward the application to the appropriate authority in case the information was not held by the SC. The apex court in its reply said "...complaints against Judges of the high Court or staff of different High Courts are not held by or under the control of the Supreme Court of India and hence your request cannot be acceded to." Her appeal against the decision also failed to evoke any positive reply as the First Appellate Authority of the SC held "In the absence of anything to show that the authority who was holding such information was within the knowledge of CPIO Supreme Court, I am not inclined to accept the argument that the CPIO ought to have exercised his powers...RTI Act, 2005."
  17. I reproduce relevant paragraphs from judgement dated 02-11-2009 of HIGH COURT OF KERALA AT ERNAKULAM in WP©.No. 31039 of 2009(Y) [available at http://judis.nic.in/judis_kerala/chejudis.aspx. 4. I shall now deal with the contention of the petitioner that the third respondent should have moved the first appellate authority instead of moving the State Information Commission. Section 18 of the Act empowers the State Information Commission to enquire into a complaint that there has been no response to the request to furnish information within the time limit specified under Section 7(1) of the Act. Section 7(2) of the Act states that if the information sought is not furnished within the time limit of 30 days, the application should be deemed to have been refused. Therefore by operation of law a deeming friction is created under which the person seeking information is given the right to file an appeal before the first appellate authority under Section 19 of the Act even though the original authority may not have rejected the application. The mere fact that a person seeking information is entitled to prefer an appeal on the 31st day after his application for information was submitted is not a ground to hold that the State Information Commission is denuded of its power to enquire into a complaint that there has been no response to the request for information or access to information within the time limit of 30 days. It is open to the person seeking information to move the State Information Commission complaining about the inaction of the State Public Information Officer, instead of filing an appeal. The remedies are concurrent and the mere fact that an appeal lies after the expiry of 30 days to the first appellate authority is no ground to hold that the State Information Commission cannot exercise the jurisdiction vested in it under Section 18 of the Act, before the first appeal is disposed of. I therefore overrule the petitioner's contention that the third respondent ought to have filed an appeal under Section 19 of the Act before the first appellate authority instead of straight away moving the State Information Commission. 5. The last contention urged is that the petitioner has not without reasonable cause declined to furnish the information. Ext.P4 discloses that the petitioner was heard on 25.7.2009. His only answer to the complaint levelled against him was that due to pressure of work in the office, he could not furnish the information in time. Apart from that contention he had no other explanation for the delay in furnishing the information. If the said ground is taken as a reasonable explanation, every Government servant can escape from the consequences of non disposal of applications for information within the period of 30 days by pleading that he had attend to other official duties and therefore he could not furnish the information sought within 30 days. After the Right to Information Act was enacted and brought into force, every Government servant who is designated as the State Public Information Officer is bound to discharge the duty cast on him under the Act. He cannot decline to take any action on the requests under the Right to Information Act on the ground that he has other duties to attend to. As the State Public Information Officer, the petitioner has a duty to discharge his functions under the Right to Information Act also. Therefore the mere fact that there was pressure of work on the petitioner, is not a ground to hold that he was not bound to furnish the information within the stipulated period of 30 days.........
  18. Hello, I am doing some research work in Hamburg, Germany. I need data on judicial system in India like the number of courts (including district courts), number of cases filed, disposed and pending in courts of India state wise. Also, if possible the number of computers in each court. Such information is not available on the internet. So I thought I might ask for them using RTI. Kindly tell me who should I ask for this information. Do I need to write to the Union Law ministry or to every state government? Also, is it possible to get this information in Hamburg? There is an Indian consulate here. This is the first time I am using RTI, so do not know how to proceed with it. Thank You.
  19. As reported by Ajay Sura at timesofindia.indiatimes.com on 10 May 2011 CHANDIGARH: Some of Punjab`s cash-rich institutions, including the Punjab Cricket Association (PCA), will be under the purview of the Right to Information Act. Upholding a State Information Commission, Punjab, order, the Punjab and Haryana High Court on Monday brought PCA under the RTI. The court has also directed that the Chandigarh Lawn Tennis Association, Gymkhana Club, Jallandhar, Sutlej Club, Ludhiana, will come under the RTI. Also included are all co-operative societies, co-operative sugar mills, co-operative house building societies and co-operative banks in Punjab and Haryana and private schools controlled under the Education Act in Haryana. Justice MS Sullar heard a bunch of petitions filed by various organizations challenging the orders passed by the state information commissions of Punjab and Haryana. The petitions were regarding the applicability of RTI Act to sports associations, sports clubs, co-operative sugar mills, co-operative house building societies and co-operative banks in the two states. Petitioners had also sought direction to declare those bodies as "public authorities" under the RTI Act. Sullar expressed shock over the growing tendency on the part of institutions to deny information and attempting to defeat the RTI Act, which has been enacted to introduce transparency. He also referred to "corruption eating into the democratic fabric like a parasite." Justice Sullar said PCA was given 13.56 acre land at a token rental of Rs100 a year. It has received grants from PUDA (Rs 10.15 lakh), Punjab Sports Council (Rs 15 lakh), Punjab Small Savings (Rs 77 lakh) and BCCI (Rs 2,026.66 lakh). It has also received Rs 8.50 crore from PUDA to construct the stadium and Rs.1.65 lakh for the construction of Club House. This makes it a "public authority," the judge said. He also noted that exemption from entertainment duty to PCA and other sports bodies by the government also amounted to "substantial finance" to them.
  20. In a recent order, IC OPK has decided that Indian Railway Welfare Organisation (IRWO) is a Public Authority as defined in the RTI Act. The whole matter is interesting from the point of view of the arguments/logic used by the complainants. IRWO said that it does not receive any finance from the Government. It had a loan which was fully paid back. It has another loan from some Railway PSU's which has also been substantially paid back. The premises it occupies, has been leased from the Railways and it pays rent for it. The complainants points were: 1. IRWO was created on the basis of assurance given to Parliament by Railway Minister during Budget Speech 1989-90 2. The application to the Registrar of Societies was submitted by Member Staff, Railway Board 3. Documents were whethed by the Ministry of Law 4. The members of the Board of Governors, including its Chairman, hold their posts by virtue of their official positions 5. Grievance Committee of IRWO consists of Railway Officers, etc.. 6. Cars of officials of IRWO have number plates with a caption of Ministry of Railways Some of these arguments will be very useful to members/guests in bringing other entities under the ambit of the RTI Act. Full decision is attached to this post. OK-18022009-13.pdf
  21. RTI Undermined as C'garh panel posts lie vacant As reported by Joseph John, Tuesday, June 17, 2008 in Indian Express Raipur, June 16: Government institutions in Chhattisgarh have found a loophole to duck orders passed by the State Information Commission: that it doesn’t have the required quorum to issue such instructions. Top posts in the State Information Commission, Lok Aayog (the Anti-Corruption Commission) State Human Rights Commission and State Public Service Commission have been either lying vacant or are under the temporary charge of others. Recently, the Chhattisgarh State Electricity Board (CSEB) refused to abide by an order passed by Chief Information Commissioner (CIC) A K Vijayvargiya, moving the high court against his jurisdiction on the ground of lack of “statutory quorum” as required under the Right to Information Act. The CSEB contended that a single member couldn’t pass the order, as the CIC has to delegate his powers under the Act. The issue came up when Mohan Aunty filed an application under the RTI, seeking the report of the Sohani Committee on wage revision of the CSEB staff. Subsequently, the matter reached the CIC, which directed the CSEB to provide the information sought by the applicant. However, the CSEB refused to comply and moved the high court, pointing out that the RTI Act clearly states that the State Information Commission (SIC) should have one CIC and not more than 10 Information Commissioners, to be appointed by the Governor. Apart from the electricity board, the Bilaspur-based Guru Ghasidas University and four other institutions have also filed petitions in the high court, challenging the authority of the CIC to pass orders on various grounds, including “lack of statutory quorum”. Admitting the lack of numbers, SIC Secretary S P Trivedi said: “It’s up to the state Government to appoint Information Commissioners. The commission has no say in such matters... There are many other states where the CIC or the Information Commissioners are yet to be appointed.” Trivedi added that the RTI Act was clear that the CIC could hear appeals and pass orders. “If anyone challenges this, it is up to the state Government to defend in court.” The situation in the Chhattisgarh Lok Aayog, constituted to fight corruption, is no different. While Justice K M Agrawal is the Chief Lok Ayukta, the post of Lok Ayukta has been vacant since the beginning. Agarwal is already on an extension, and his tenure is due to end this August. With nearly 500 odd cases pending with the Lok Aayog, questions are now being raised over the effectiveness of the anti-corruption commission. Says senior advocate Kanak Tiwari: “The Lok Ayukta of undivided Madhya Pradesh had vast powers. The scope of the Lok Aayog in Chhattisgarh is much less and it lacks the powers to get complaints investigated by its own team. The state bureau of economic offences and anti-corruption bureau are not under the Lok Aayog. Besides, the composition of the Lok Aayog is also different from that of the one in Madhya Pradesh.” The Chhattisgarh State Human Rights Commission is also on the same track. The Protection of Human Rights Act 1993 stipulates that the panel shall consist of a chairperson who has been the chief justice of a high court. However, it has been headed by an acting chairman for the past more than four years. Retired district judge L J Singh, who is officiating, is also due to retire later this year. The commission receives an average of 2,200 complaints from across the state every year. During the last three years, the State Public Service Commission, its two chairmen and even members have been in the midst of controversies over irregularities in examinations and charges of corruption. Trouble began in the PSC after the commission declared the results of the state civil services preliminary examination 2003. As irregularities in examination came to light, PSC member Chandrashekhar Sahu quit his post, demanding a probe. IndianExpress.com :: RTI undermined as C'garh panel posts lie vacant
  22. Distrcit Court RTI Rules cannot have exemptions over and above the main RTI Act and FAA cannot review his decision In a recent order, related to District courts in Delhi, the CIC has ruled that: 1. The Court RTI Rules cannot have exemptions over and above those in Sec 8 or 9 of the RTI Act. 2. The FAA cannot review his own decision. The full order is attached to this post. Court's rules.pdf
  23. NGO ordered to pay Rs.75,000 for transparency law abuse AS reported in ThaiINdian.Com Oct 20 2010, by IANS ( Leave a comment ) New Delhi, Oct 20 (IANS) The Delhi High Court Wednesday imposed a cost of Rs.75,000 on an NGO which had sought an inquiry into the role of Municipal Corporation of Delhi (MCD) engineers in the alleged mismanagement of Commonwealth Games (CWG) projects. The court dismissed the petition after the MCD submitted that the petitioner NGO, Pardarshita Public Welfare Foundation, had questioned the parentage of the engineers through a Right to Information (RTI) application. Dismissing the petition, Chief Justice Dipak Misra and Justice Manmohan said the present petition amounted to abuse of law. “Seeking information about the parentage of a person and his medical history is unwarranted and uncalled for. (Such) information is bound to create a storm in anybody’s mind,” said the bench. The bench said that the RTI law was not enacted for abusing people and seeking personal details. While dismissing the petition, the court directed the petitioner NGO to deposit the cost of Rs.75,000 within a period of four weeks. In its petition, the NGO alleged engineers of the MCD indulged in corrupt practices in connection with the several projects of the Commonwealth Games. It alleged that several MCD engineers misused public money for personal gains. “According to the NGO, several letters were written to the officials of the MCD but no action was taken. Allegations have been made against the officials but without any grounds,” said the bench. The court also took strong cognizance of the RTI application filed by Har Kishan Das Nijhawan, general secretary of the NGO, asking an MCD engineer about his parentage. He also asked whether the civic agency’s engineers were suffering from any sexual disorders, whether they had carried out a DNA test for their mother, whether their mother was a surrogate mother or step mother, and also sought the name of their biological father and step mother. “It’s an abuse of provisions under the RTI Act. We cannot give any type of clean chit to the MCD engineer, but the information which has been asked by the petitioner exposes vindictive attitude,” said the bench. The petitioner defended his move and said that the engineers were blackmailing him and also used unparliamentary language against him, so he asked certain questions through his RTI application. The court rejected the contention saying that the petitioner could have filed a complaint against such people instead of abusing the process of law. –Indo-Asian News service pks/rah/vt NGO ordered to pay Rs.75,000 for transparency law abuse
  24. HC orders compensation for not providing info under RTI Act as reported in Yahoo! News Oct 1 2010 New Delhi, Oct 1 (PTI) The Delhi High Court has asked the Public Information Officer of Directorate of Delhi Health Service(DHS) to pay Rs 50,000 as compensation to a poor man for not providing information pertaining to his treatment in a hospital within the stipulated time under RTI Act. Justice S Muralidhar upheld Central Information Commission''s(CIC) August 20 order and dismissed an appeal filed by DHS challenging the compensation awarded by the CIC. ". Any delay in providing timely information can result in a person belonging to the Economic Weaker Section (EWS) having to needlessly spend valuable resources for medical treatment which should otherwise be available to such person free of cost. The present case is an indicator of why many belonging to the EWS category are unable to avail of freeship facility in the hospitals in Delhi," the court said. Puran Chand, a Below Poverty Line(BPL) card holder, was undergoing treatment for a serious disease of compression of the spine in Indian Spinal Injury Center(ISIC), run by Delhi government, and sought freeship facility in August last year. However, he was given a bill of Rs 1.75 lakh for the treatment, after which he filed an application under RTI Act for the detailed information. The PIO of DHS had failed to provide information on time and as a result he had to undergo surgery in a private hospital in September last year. Source : HC orders compensation for not providing info under RTI Act - Yahoo! India News
  25. HC rejects ex-RAW official’s plea for info under RTI As reported in Indian Express, Fri Jul 02 2010 The Delhi High Court today turned down the plea of a retired Director of Research and Analysis Wing (RAW) seeking direction to the agency to disclose information under the RTI Act. Justice S Muralidhar dismissed the plea of Brig (Retd) Ujjal Dasgupta, a former official of the intelligence agency, who was arrested for allegedly leaking sensitive information to a CIA agent. The court passed the order on a petition of Dasgupta filed against the Centre for not disclosing information about the software ‘Anveshak’ which was crucial to his defence in the espionage case filed against him. Dasgupta, former Director (Computers), RAW, was arrested in 2006 for allegedly violating the Official Secrets Act by passing on sensitive information to an American diplomat Rosanna Minchew. Under the RTI Act, Dasgupta had sought details about the development of ‘Anveshak’, the way it was transferred to RAW -- by floppy disk, CD or pen drive, the agency responsible for installation at the premises of RAW and other such details but the plea was refused by the government agencies. HC rejects ex-RAW official
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