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Found 14 results

  1. Reported by indianexpress.com on 04 July 2013 Activist challenges transfer of information commissioners - Indian Express Activist challenges transfer of information commissioners Based on documents procured under the Right to Information Act (RTI), 2005, an activist has challenged the transfer of state information commissioners (SIC) effected in the state last year. In his letter to the governor, RTI activist Vijay Kumbhar cited the legal advice given by the advocate general in an earlier case in 2007-08. Last year, state chief information commissioner (SCIC) Ratnakar Gaikwad had transferred three SICs — M H Shah from Nashik to Pune, Bhaskar Patil from Amravati to Nagpur and P W Patil from Nagpur to Nashik. Kumbhar and other activists had stated that the SCIC did not have the right to transfer under the RTI Act and had asked such transfers to be revoked. In 2007-08, Kumbhar said, the legal view of the transfers were quite complex. "Documents state that the then SIC Nagpur Vilas Patil had requested to the high power committee for his transfer to Nashik. The committee under the chairmanship of Chief Minister accepted his request and sent recommendation of transfer to the Governor," he said. The governor's office observed that as there was no provisions for SIC's transfers in the Act and asked the law and judiciary department to get the opinion of the advocate general. In his report submitted to the Governor on February 14, 2008, the AG had stated that SIC can be transferred provided he resigns from his post. "After resigning from the present post, he could be freshly appointed to Nagpur, which would be treated as a fresh appointment," the report stated. Kumbhar added that the three SICs were appointed for specific region by the committee and the appointment letters were signed by the Chief Secretary. "It is clear that even the high power committee can't transfer an SIC then how CIC order can execute such transfers" he said. Gaikwad, when contacted, said under Section 15(4) of the RTI, Act, the CSIC is fully empowered to take decisions independently. It reads as under — 15(4)-General Superintendence, direction and management of all the affairs of the SIC shall vest in the SCIC. He shall be assisted by SICs and may exercise all such acts and things which may be exercised or done by the SIC autonomously without being subjected to directions by any other authority under this Act. "Please ask these activists who is otherwise empowered?" Gaikwad asked.
  2. MADURAI: A petition has been filed in the Madurai bench of the Madras high court seeking its intervention to get information under the RTI Act on the appointment of 23 district judges in Tamil Nadu. In his petition, Madurai-based K Kathiresan said he submitted an application to the Madras high court registrar (administration), who is the public information officer (PIO), on November 25 last year seeking the copies of application forms and police verification reports of the 23 district judges (entry level) who were appointed in 2013. Read at: http://timesofindia.indiatimes.com/city/chennai/Madras-HC-seeks-chief-information-commissioners-response-on-denial-of-info-under-RTI-Act/articleshow/46864916.cms
  3. Delhi High Court adjourns PIL for appointment of CIC and 3 Information Commissioners for ASG to seek instructions 1. The PIL,(W.P.© No.3386/2015) filed by Shri R.K. Jain, Shri Lokesh Batra and Shri Subhash Agrawal came up for hearing on 8-4-2015 before the bench of Hon’ble Chief Justice and Hon'ble Mr Justice Rajiv Sahai Endlaw of Delhi High Court. 2. Shri Prashant Bhushan, Advocate appeared for the petitioners and Shri Sanjay Jain, ASG, appeared for the respondents. 3. Initially, the Court wanted to know from the ASG as to what steps has been taken for the appointment of the Chief Information Commissioner and 3 Information Commissioners since August, 2014 as in April, 2015, it is a long time. Court indicated that appointments be made within 4 weeks. However on the submissions of ASG, the matter was adjourned for tomorrow i.e. 9-4-2015, so that he may seek instructions and make further submissions in the matter. 4. Copy of the Writ Petition is attached. R.K. Jain v. UOI - PIL - CIC Appointment.pdf
  4. NEW DELHI: Lok Sabha and Rajya Sabha secretariats and Delhi High Court are among some prominent offices which have not filed mandatory annual reports of compliance of RTI Act even once since the transparency law was enacted nine years ago, according to an advocacy group. Read at: Lok Sabha and Rajya Sabha secretariats, Delhi High Court not filing RTI compliance reports: Study - The Economic Times
  5. RTI query reveals pvt agency's guards at bus depots often absent, but get paid in full by faking attendance; thefts of buses and their spare parts continue. Read at: High price for bad bus security - Pune Mirror
  6. zee News, 21.3.2015 Chennai: Holding that mere confession in the absence of evidence cannot be the basis for filing chargesheet, Madras High Court has quashed a murder case against a man, charged with killing his wife, and six others, accused of abetting it. The accused need not be made to go through the rigour of trial, as the entire case had been built on mere confessions made by key suspects to police, Justice R S Ramanathan said allowing a petition by the accused seeking quashing of the case in a magistrate court. "Charge sheet cannot be filed against the accused solely on the basis of confession, which does not lead to recovery (of evidence). In this case, except the confession, there is no recovery. Therefore, the confession cannot be the basis for conviction, even accepting it as true," the Judge ruled. Quoting Supreme Court verdicts, he said "When the confession does not lead to recovery, the confession is inadmissible in law, and the chargesheet based on such confession has no legal basis, and is liable to be quashed."
  7. Rajasthan High Court misinterpreting the RTI Act ? Came across this #StrangeDecision of the Rajasthan HC (Jodhpur bench) wherein the Hon'ble court has applied the provisions of Sec 19(6) of the RTI Act, even to second appeal. Is it a misinterpretation or am I "missing" something ? Rajasthan High Court - Jodhpur None Present For The vs By Way Of This Writ Petition on 26 February, 2015 1 Suraj Sharma Vs. State of Rajasthan & Ors. (S. B. CIVIL WRIT PETITION NO.335/15) Date of Order : 26.2.15 HON'BLE MR. JUSTICE SANGEET LODHA None present for the petitioner. By way of this writ petition, the petitioner is seeking directions to the respondent-State Public Information Commission to decide the second appeal preferred by him. The petitioner made an application seeking information to the Public Information Officer. The request for certain information was refused by the Public Information Officer and therefore, the petitioner preferred an appeal before the Appellate Authority. The Appellate Authority failed to decide the appeal within the stipulated period. In these circumstances, the petitioner preferred second appeal before the State Information Commission on 16.1.14, which has not been decided till this date. Hence, this petition. It is to be noticed that as per mandate of provision of sub-section (6) of Section 19, of the Right to Information Act, appeal is required to be disposed of by the appellate authority within 30 days of receipt of the appeal or within such extended period not exceeding a total of forty five days from the date of filing thereof. 2 In this view of the matter, the petition is disposed of with the direction to the respondent no.4-State Public Information Commission to decide the second appeal, if any, preferred by the petitioner expeditiously, preferably within a period of one month from the date of receipt of certified copy of this order. (SANGEET LODHA), J. vij #StrangeDecision
  8. In a major boost to IFFCO’s legal stand that being member-driven cooperative it lies beyond the purview of the RTI Act- has been upheld by the Delhi High Court on Monday. RTI activist Subhas Chandra Agrawal had appealed in the High Court against the CIC judgment delivered in 2013 in favour of IFFCO. Chandra had engaged the famous lawyer Prashant Bhushan but the honourable court dismissed the arguments and ruled that IFFCO does not fall under RTI Act as it has no government equity and also it is not a ‘public authority’ under Section 2(h) of the Act. Senior Advocate Arvind Nigam and Rajiv Bansal argued for IFFCO. The legal wrangle started with the petitioner Subhash Chandra Agrawal filing an application in the year 2011 under the RTI Act and sought various information from it. By a letter, IFFCO rejected the said application stating that it has no government equity and IFFCO is not a ‘public authority’ under Section 2(h) of the Act. In 2013 the first appeal filed by Subhash Chandra Agarwal against the letter dated 03.02.2011 was also rejected. Thereafter, Subhash Chandra Agarwal filed a second appeal before the CIC and after its rejection too , it filed an appeal in the High Court. The question before the High Court was to ascertain whether IFFCO is substantially financed and /or controlled by the appropriate government so as to fall within the sweep of Section 2(h) of the Act. The petitioners relied on the decision of the Court in Krishak Bharti Cooperative Ltd. v. Ramesh Chander Bawa: (2010) 118 DRJ 176 in support of their contention. After hearing the arguments of the petitioner the Court felt that although, IFFCO was established by the funds provided by the Central Government, the said funds had been returned and the equity has been re-purchased. It was also asserted that IFFCO had paid substantial dividends to the Central Government on the equity subscribed by the Central Government.
  9. Angry over missing Govt file, Bombay High Court directs FIR against officers MUMBAI: Observing that information under Right to Information Act (RTI) cannot be denied to a citizen, the Bombay High Court has directed Deputy Secretary of Urban Development Department in Maharashtra to register an FIR against officers responsible for a 'missing' file. A division bench of the HC further directed that after filing the FIR, the investigation must be completed within six months and it should be headed by an officer not below the rank of Deputy Commissioner of Police. Justices Abhay Oka and A S Gadkari imposed costs of Rs 15,000 on the State Government for the lapse on part of officers which led to a UDD file going 'missing' as a result information under RTI Act couldn't be provided to an advocate. "The case in hand is a classic example as to how the Government officers protecting their fellow officers tend to frustrate the basic intention of the legislature behind the enactment of the Right to Information Act, 2005," said the Judges in their order on Friday. The HC was hearing a petition filed by Sangli-based advocate Vivek Vishnupant Kulkarni, who is also an office- bearer of Swatantraya Veer Savarkar Pratishthan, a voluntary group which runs two schools having 1,600 students on rolls. The 58-year-old petitioner filed an application on September 5, 2008, with the Section and Information Officer of UDD seeking information under RTI in respect of a Government Resolution (GR) dated August 21, 1996. The resolution pertained to release of various lands in and around Sangli city in western Maharashtra which were acquired by the Government under the Urban Land (Ceiling and Regulation) Act, 1976. He sought information about the Government notings and other documents on the basis of which the GR was issued. By a communication dated September 22, 2008, the UDD Information Officer told Kulkarni the required information sought by him regarding file ULC/1089/2123//ULC-2 is not available on the Department's record and therefore, the said details cannot be furnished. In the same letter, the petitioner was also informed that some details sought by him is connected with the office of Deputy Collector and his application to that extent had been transferred to the said authority for further action. Being aggrieved by inaction of the Information Officer, the petitioner filed an appeal on November 27, 2008, before the Deputy Secretary of UDD. The Deputy Secretary asked the Information Officer to search the missing file and give the details sought by Kulkarni immediately. Read more at: Angry over missing Govt file, Bombay High Court directs FIR against officers - The Economic Times
  10. A person can use the RTI Act to access an information even if it is available through any other route, Delhi High Court has ruled. ************************************************************************************************************* The court, in a landmark order which will impact number of RTI cases of similar nature, allowed a petition seeking disclosure of communication between Urban Development Ministry officials with those of CBI--an exempted organisation--in a corruption case. In a recent order, Justice Vibhu Bakhru also said that section 8(1)(h) of the Act--which allows an organisation to withhold such information that impedes the process of investigation, apprehension and prosecution--cannot be imposed without giving proper reasons to justify the denial. Allowing the petition seeking disclosure of communication between the Ministry and CBI, he dismissed the order given by Information Commissioner MA Khan Yusufi who had agreed with the Ministry to deny information on the grounds that its disclosure would impede the process of prosecution. Justice Bakhru said neither the first appellate authority nor the Central Information Commission considered how the information sought for would impede the process of probe, apprehension or prosecution of the petitioner, an accused. He rejected the Ministry's argument that during trial, the material relied upon by the prosecution would be provided to the applicant, thereby no prejudice would be caused to him. "In my view this cannot be a ground to deny information to the petitioner. First of all, the question whether the information sought by the petitioner is relevant or necessary, is not relevant or germane in the context of the Act; a citizen has a right to information by virtue of Section 3 of the Act and the same is not condition on the information being relevant," he said. He said the fact that the petitioner has access to the material relied upon by the prosecution does not prevent him from seeking information, which he considers necessary for his defence.
  11. TOI published the news today: Gujarat high court on Thursday held appointment of two Information Commissioners- B.G.Panchasara and Shridevi Shukla as illegal. The HC said that the appointment of both the persons were not legally valid. The HC reached to this conclusion after Praful Desai of NGO Jagate Raho questioned the consultation process adopted by the authorities in appointing Panchasara and Shukla on the post of IC. Desai raised the issue by citing the documents of their appointment that these persons were not in public life, or that they have got knowledge in a particular field or an experien
  12. National Dairy Development Board (NDDB) subsidiary Mother Dairy Fruit and Vegetable Private Limited has been declared a "public authority" as defined under the Right to Information (RTI) Act, making it amenable to disclosure of information. A Delhi High Court bench of Justice Vibhu Bakhru dismissed the petition filed by Mother Dairy Fruit and Vegetable Pvt Ltd, which had challenged the Central Information Commission (CIC) April 15, 2011 order holding it to be a "Public Authority" within the meaning of section 2(h) of the 2005 RTI Act. Read more at: Mother Dairy a "public authority" under RTI Act: Delhi High Court - The Economic Times
  13. According to an Right to Information (RTI) enquiry filed by a serving Jet Airways pilot, between January 2009 and February 2014, 165 pilots in the country were found to have high blood alcohol levels. Read more at: Tougher DGCA rules on alcohol test, 12 Air India crew grounded - Mumbai Mirror
  14. arun_selvanathan

    Hi.. I'm Arun from Madurai

    Hai friends, I'm Arun M.A.,B.Ed., M.Phil., aged 29 from Madurai TN. I'm running a School here from my father. My school name is Jothi Primary and High Schools. The schools were started in 1947. It has more than 30 years of experience providing best education from the poor and downtrodden children. Our school is situated in the area mostly belongs to daily labours and poor peoples. My future aim is to give the best education both in academic and computer field for the poor children. May God help me to accomplish my goal in future.
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