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  1. WHY DO INFORMATION COMMISSIONERS NOT IMPOSE PENALTY? ICs are under the wrong impression that it is their discretion to levy or not to levy penalty at their will. In fact, once the breach of RTI Act is committed and not reasonably explained, the penalty must follow. ICs are afraid because if they levy penalties, the serving govt officers may dig out their [ICs] misdoings when ICs were in service and ICs may have to face investigating agencies post-retirement. ICs want to follow the line of action and guidance given by political appointees. ICs are attitudinally conditioned not to displease other govt officers and politicians, as they have been doing while in service, lest some day ICs may be exposed. Conceptually ICs have no respect for common citizens since they were uncommon citizens while in active service for a very long period of their lives. Heart in heart, ICs believe that govt servants and politicians are borne to rule in India and common Indian [mango] citizens are their subjects. ICs do not appreciate and internalize their own duties and responsibilities under RTI and continue to function as an administrative entity. ICs lack training in knowledge and attitude to effectively act as ICs. ICs treat appointment as post-retirement paid holiday time to enjoy bypassing routine and stereo-type orders [clerical or fill-in the blanks] without much taxing their minds. Imposing penalty requires the application of mind. ICs may have tie-up arrangement to absolve PIOs for a “fee”, as the majority of govt offices have in India [agents or touts]. ICs do not believe that common Indians deserve transparency and time is not ripe for opening up governance to such immature mango citizens. Very few appellants will move higher courts [due to the prohibitive cost of litigation and exorbitant delay ] for information and penalty, while PIOs will challenge at public cost, any order of penalty and if it is not upheld, ICs may lose face. RTI appellants or complainants have not so far moved vigilance machinery of Govt against ICs absolving PIOs of penalties even in serious RTI violations, alleging corruption. Citizens do not move petitions to remove ICs to President or Governors for not imposing penalties in many cases, where it should have been definitely imposed. ICs are aware that they are totally overprotected by law for whatever decisions they take including not imposing penalties even in deserving cases. ICs psychologically want to retain their image of being very good, understanding and kind among govt staff, even at the cost of making RTI defunct affecting fundamental rights of common citizens. ICs know that after demitting post, they will be common men/women and will have to approach the same govt. staff for their mercies. Hence they do not risk offending govt staff for RTI violation by imposing the penalty. Some ICs believe that penalties will have a demoralizing effect on govt staff and may reduce their efficiency. ICs also know that poor PIOs are under pressure for not meticulously following RTI provisions, lest many of PIOs’ bosses [including politicians] and colleagues would land in trouble. ICs hasten to levy penalties when their authority is challenged by PIOs by being absent in hearing or not complying with ICs orders. However, ICs forget that in a democracy citizens are the supreme authority. ICs are under impression that getting information is important and not the penalty, irrespective of breach of provisions or harassment to information seekers. Some ICs believe that at least now citizens are getting information, which was not available to them prior to RTI enactment, hence he should not think of penalty, whether imposed or waived. ICs feel that appellant or complainant has no right to insist upon penalty. It is ICs exclusive domain. ICs still hope that they may get some govt post even after demitting post of IC . India is a soft State even when it comes to terrorists and criminals. ICs give benefit to PIOs for civil violations of RTI, even when it affects fundamental rights. Many ICs are afraid of govt officers who hold high posts or are well connected. Appellants or complainants do not even insist in writing after the decision is pronounced, that penalty should have been imposed by IC by giving their justification for the penalty. There is no social audit of decisions of ICs nor is feedback given by RTI activists to concerned IC with a copy to Chief IC. Hence ICs do not improve. There are certain ICs and Chief ICs whose past record is full of misdeeds and they could escape penalties by manipulations and secrecy. Hence they have special love for defaulting [brother-like] PIOs. Politicians select only such ICs who cannot be attitudinally strict for benefit of common men at the cost of govt employees. Most of ICs are with govt. service background and mentally carry that baggage even after retirement. ICs are not adversely commented upon by auditors of CIC or SIC, even when the penalty is not imposed in very deserving cases. There is no system to effectively recover penalties even when imposed by ICs. This discourages ICs from penalizing. 41.68% of penalty is not recovered by CIC and situation in most SICs may be worse than this. PENALTY -WHY NOT.doc
  2. It seems that Mr P.Tamil Selvan, Information Commissioner in TN SIC is desperately trying to increase his tenure. It seems that his parents gave the incorrect Birth Date while admitting him in School. He was appointed State Info Commisisoner on 05.09.2012 After that he started fighting to get his date of birth corrected. Wonder why he kept quiet for so long......and only realised the mistake now ? 3.When the matter is taken up for consideration, the learned counsel for the petitioner submitted that the petitioner's representation dated 20.09.2016 has been forwarded by the 3rd respondent to the 2nd respondent and it is for the 2nd respondent to pass orders with regard to the case of the petitioner for continuation of his office as State Information Commissioner. Thus, the learned counsel for the petitioner sought for a suitable direction to the respondents. 4. I have heard the submissions made by Mr.R.Venkatesh, Government Advocate as well as Mr.Niranjan Rajagopalan, appearing for the respondents and perused the materials available on record. 5. Considering the facts and circumstances of the case and taking note of the fact that the petitioner's representation has been forwarded by the 3rd respondent to the 2nd respondent, this Court directs the 2nd respondent to pass appropriate orders with regard to the alteration of the date of birth of the petitioner and for extension of his tenure as State Information Commissioner, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. With the above direction, the writ petition is disposed of. Consequently, connected Miscellaneous Petition is closed. No costs. The Madras High Court Judgment is attached to this post. TN Info Commsnr desperately trying to increase his tenure.PDF
  3. 8 new Information Commissioners to be appointed soon in Uttar Pradesh Reported by UNI in newkerla.com on August 23, 2012 8 new Information Commissioners to be appointed soon in Uttar Pradesh | 70977 Uttar Pradesh government today short listed eight persons from various fields for appointment on vacant posts of Information Commissioners (ICs) in UP State Information Commission (UPSIC). The list would now be sent for Governor's approval by the Chief Minister very soon. The meeting of three member panel, authorised for selection of information commissioners and chief information commissioner, was held at Chief Minister's official residence where eight names were short listed from a list of 112 persons who had applied for coveted posts. Currently only two information commissioners Khadijatul Kubra and Gyan Prakash Maurya were holding offices in UPSIC as eight posts were lying vacant hampering functioning of the commission responsible for implementation of Right to Information (RTI) Act in the state. The selection panel including Chief Minister Akhilesh Yadav, minister for Health and Medical Education Ahmed Hasan and leader of opposition in state assembly Swami Prasad Maurya was constituted yesterday. According to sources, among persons selected for post of ICs were lawyers, former bureaucrats and media persons. The two members of the panel refrained from naming the persons selected and said, with approval of the Governor appointment of new information commissioners was likely to be announced very soon. Mr Maurya while coming out of the meeting, said, "the CM has been authorised for selection of Information Commissioners and I hope, with their appointment, UPSIC will work in a transparent and efficient manner." Since the appointment of chief information commissioner and information commissioners was solely depend on the ruling party, UPSIC was faced to allegations of politicisation which was denting its credibility and functioning both. Samajwadi party itself had held the appointment of present chief information commissioner R S Pankaj as political one which was aimed at serving interests of the then ruling BSP. The appointment of Khadijatul Kubra as information commissioner during previous BSP regime had invited much criticism from opposition and RTI activists. The apex court recently in an order have held political appointment responsible for over all detoriation in functioning of information commissions in the country.
  4. Dear Friends, Here is my experience with CIC in a matter that I am pursuing since 2009: CIC, at time chooses not to respond to RTI applications. It is happening - CIC simply does not respond and you can't do anything* In a complaint against a PA, after NINE MONTHS CIC replies that complaint is not in proper format.** *You can definitely opt for appeal but can you expect no response from CIC, which is the body responsible to promote Right To Information. **What is the complaint-False information by Public Authority to information commissioner based on which IC decided the case. Let me share few facts of this complaint: I filed RTI application to Indian Army. CPIO rejects application citing fiduciary relation. First AA upheld decision, disposed my appeal. I Filed second appeal to CIC. Now FAA/PA takes a new stand that files of retired officers are destroyed after 3 years so information can't be given. IC decided the matter by saying 'Information should have been given to applicant. But since file has been destroyed, matter becomes academic and should be closed'. I filed another RTI application in Army, and got reply that files are kept for 15 years. I filed complaint to CIC in Jan, 2011-No response. I filed RTI Application to CIC to know the status of my complaint-no response. I filed another complaint in August, 2011 In March, 2012 I was told matter will come up in June, 2012 In April, 2012, I asked for file number of my complaint-On this dealing officer forcefully wants to convey me that my application is wrong (indirectly wants to convey that I should not pursue the matter-I don't know his interest and I refused) I field RTI Application on 11th May, 2012 to know the status of my complaint filed in Aug, 2011-no response till date On 15th June, I received letter from CIC that my complaint is not in proper format and that I should file again-That after 9 months, they came to know that my application was not in proper format. I filed fresh complaint as per suggestion on 26th June, 2012 I also filed First Appeal on 26th June, 2012 against non-supply of information sought through RTI application on 11th May, 2012 Now I am again awaiting their response. Thank You, S.K.Jha New Delhi
  5. Dear Friends, Here is my experience with CIC in a matter that I am pursuing since 2009: CIC, at time chooses not to respond to RTI applications. It is happening - CIC simply does not respond and you can't do anything* In a complaint against a PA, after NINE MONTHS CIC replies that complaint is not in proper format.** *You can definitely opt for appeal but can you expect no response from CIC, which is the body responsible to promote Right To Information. **What is the complaint-False information by Public Authority to information commissioner based on which IC decided the case. Let me share few facts of this complaint: I filed RTI application to Indian Army. CPIO rejects application citing fiduciary relation. First AA upheld decision, disposed my appeal. I Filed second appeal to CIC. Now FAA/PA takes a new stand that files of retired officers are destroyed after 3 years so information can't be given. IC decided the matter by saying 'Information should have been given to applicant. But since file has been destroyed, matter becomes academic and should be closed'. I filed another RTI application in Army, and got reply that files are kept for 15 years. I filed complaint to CIC in Jan, 2011-No response. I filed RTI Application to CIC to know the status of my complaint-no response. I filed another complaint in August, 2011 In March, 2012 I was told matter will come up in June, 2012 In April, 2012, I asked for file number of my complaint-On this dealing officer forcefully wants to convey me that my application is wrong (indirectly wants to convey that I should not pursue the matter-I don't know his interest and I refused) I field RTI Application on 11th May, 2012 to know the status of my complaint filed in Aug, 2011-no response till date On 15th June, I received letter from CIC that my complaint is not in proper format and that I should file again-That after 9 months, they came to know that my application was not in proper format. I filed fresh complaint as per suggestion on 26th June, 2012 I also filed First Appeal on 26th June, 2012 against non-supply of information sought through RTI application on 11th May, 2012 Now I am again awaiting their response. Thank You, S.K.Jha New Delhi
  6. As reported by IANS on thaiindian.com on 9 July 2008: Uttar Pradesh chief information commissioner faces probe (Lead) - Thaindian News Uttar Pradesh chief information commissioner faces probe (Lead) Lucknow, July 9 (IANS) Uttar Pradesh chief information commissioner Justice (retd) M.A. Khan was Wednesday debarred from performing his duties as Governor T.V. Rajeswar recommended to the Supreme Court to initiate an inquiry against him, officials said. Khan has been accused of misconduct and lack of capability to perform his duties, they added. Following a complaint by a panel of social activists, he was prohibited to attend his office till the inquiry was over, the officials added.
  7. avinash_m28

    Long Live RTI Act in VIDARBHA

    Vidarbha, a neglected region, renowed for farmer’s suicide and perhaps nobody would like to hear the dark tales of corruption in Vidarbha. Yeah! We have a sunshine act called the Right to Information Act 2005 which has enacted to bring transparency and accountability in the functioning of public authorities including public authorities in Vidarbha and also for commissioning information commissioner who in turn takes oath for doing justice. RTI is a nuisance and such is the cry of so called arm chair intellectuals and perhaps they are the most ill informed about the neck-deep corruption in all public authorities. Take an example. Bhatia a rural Indian citizen files an application with public information officer (PIO) at village Deori near Gondia and ask for some information related to public distribution scheme beneficiaries (PDS). Hoping to do an act of valor, he takes pride to be proud Indian. His pride is going to be betrayed, read on. PIO doesn’t take any cognizance of this most feared act. He knows what his faith will be. One must salute his confidence. Applicant becomes appellant and files first appeal by speed post and his betrayal continues. First appellate authority fails to send any communication, doesn’t call for any hearing and application was kept in cold storage. Appellant moves Nagpur Bench of State Information Commissioner and hearing was fixed on date today Wednesday, December 28, 2011. Nagpur registry of Nagpur Bench mandates clarification and date-wise documents from PIO and FAA and provides for one copy for appellant before 30 minutes of hearing. The Government official appointed in IC Nagpur office first refuses to provide clarification documents to appellant. When appellant approaches this officer again and tell him that I will inform the IC that clarification documents are refused (although mentioned in appeal notice) then this IC official provides clarification documents reluctantly. On a Cloud 9 to be an Indian or is it shame to file an RTI application, read on. PIO claims that information was provided to applicant in person and he has refused to accept the information. (Read after 2 months of application). FAA claims that he never received appeal application. Appellant prays before IC that he has valid proof of service of delivery by speed post, the arguments doesn’t impress anyone. One applicant and many voices who ask him to not to speak about corruption, finally approves that speed post department must have failed. The truth dies once more at Nagpur Bench of State Information Commissioner. Some information was provided to applicant free of cost. Applicant’s prayer for compensation and fine goes unheard. One more soul de-motivated. One more Indian was born who claims that he has met with an injustice. One more opportunity to nip the corruption goes does to drains and files. Time for intellectuals to celebrate corruption! Time for politicians and red tape to celebrate corruption in PDS! And I say Happy New Year to each one of us. Long Live RTI act in official Gazette and Long Live Information Commissioner! Avinash Murkute
  8. Apply to be an Information Commissioner as posted by Sh. Krishnaraj Rao in India Together, 31 May 2010 Civil society candidates should be eligible for appointment to key RTI posts in the States and the Centre. We must apply for such jobs, and help improve the system, writes Krishnaraj Rao. There is need for well-meaning activists to promptly apply in large numbers for the posts of State and Central Information Commissioners. For too long now, these positions have been handed out to retiring bureaucrats only, who neither understand nor endorse transparency. As a result, the changes in governance that we hoped to see from the RTI Act are yet to emerge fully. By entering the system ourselves that we can change it faster - from the inside. If citizens and civil society activists apply to get into these posts, there will be many benefits. Firstly, there will be pressure on the system to appoint some good candidates from civil society to these posts, which is absent now. Since no one else is applying for these jobs, the government has not been forced to consider non-bureaucrats, and this has resulted in a cozy 'jobs for the boys' system of appointments. Second, to cope with the large numbers of candidates from civil society, the government will be forced to introduce proper criteria and procedures for shortlisting candidates. Such criteria are hugely important for these posts, but thus far there has been no clear basis on which the appointments are carried out. And finally, if the government arbitrarily ignores our names and selects its own people without due procedure, eligibility criteria etc. - as it is currently doing - we will have the locus standi to go to court with writ petitions against such appointments. There is a good chance of convincing the Courts that appointing bureaucrats alone to such public service oversight roles is in violation of the Constitution and the RTI Act itself. The ultimate objective of all this, of course, is to improve the performance of public administration by bringing it in line with the pressures and expectations of the RTI Act. While a number of my friends and fellow RTI travelers have understood this, there have also been a few questions about the efficacy and appropriateness of applying for the posts of commissioners. I would like to address these questions. By asking everybody to apply, are you not demeaning the post of Information Commissioner? No, we are not demeaning the post, and here are two reasons why. Firstly, the procedures so far adopted by the Central Government and various State Governments for the Information Commissioners are already demeaning the post. There is absolutely no transparency. Chamchas are clearly getting posted as Information Commissioners without any consideration for what is intended by the RTI Act, and what is required for promoting the citizens' sacred right to get timely and accurate information. Many of those who are currently Information Commissioners are motivated by love of power and privilege, rank of Chief Secretary, salary and perquisites etc., rather than any desire to serve the people or the cause of RTI. Many of those who are currently Information Commissioners are motivated by love of power and privilege, rank of Chief Secretary, salary and perquisites etc., rather than any desire to serve the people or the cause of RTI. Many of these CICs and SICs lack a basic understanding of the the RTI Act, leave alone the desire to properly enforce it. Many of these don't even have the intellectual capacity to understand the Act. When seen in this context, our act of applying civilly for the post and making it public that we have applied, is not at all demeaning to the post. Secondly, the main intention of this campaign is to ensure that some filtering process will be put in place to ensure that ineligible candidates are not selected. Hence, even if some of us might consider ourselves ineligible, our applying is crucial to ensure that the selection process is robust enough to identify and filter out different inadequacies of candidates. By large numbers of us sending in applications, we shall "stress test" the system to ensure that the best procedures are in place. Won't some of those who are applying start running after power and go to any lengths to become Information Commissioners? Some might. We can't be sure that they won't. But, even in the absence of this campaign, nothing stops such people from applying on their own. Those with such intentions will probably already have applied, and will be lobbying for these posts. This campaign is meant to encourage large numbers of people to apply so that it puts pressure on the government to disregard unhealthy lobbying. Our campaign is for transparency and a systematic procedure in appointments, so that everything will be out in the open and private lobbying will be futile. Is there any point in asking those who are obviously ineligible people to apply? For example, a person Mr. X who is a non-matriculate, but has vast experience in social work and is therefore an eminent citizen as required by section 12(5)? Yes. There is. The existing process does not have anything which enables the government to legally ignore 'ineligible' people. The terms of section 12(5) like 'eminent', 'wide knowledge and experience' etc. are vague and need to be fleshed out with proper rules. When Mr. X applies, the government will be forced to come up with rules such as, 'The Information Commissioner should have at least completed graduation' or 'Information Commissioner should be fluent in English and the Official State language'. Every such 'ineligible' application will challenge the government to formulate proper criteria. All that is fine ... but not for me. I think I am ineligible and hence it would be arrogant of me to apply. We are not asking you to be arrogant. This is a sincere attempt to bring in transparency and procedure into the appointment of the people who are supposed to uphold transparency. The hope is that such a large number of applications for these posts will force the government to take steps towards such transparency and due procedure. By applying for the post of Information Commissioners, you would only be playing a small but significant role as a concerned citizen. Nothing arrogant in that! Why? Why now? RTI Act Section 12(5) and 15(5) make it clear that the post of Information Commissioner is primarily for civil society. This post is currently being hijacked by retired bureaucrats only because members of civil society are not applying! This is clearly compromising the correct enforcement of our sacred Right to Information. All the Chief Information Commissioners of States and Centre, and a large number of Information Commissioners, will retire in 2010, having completed their five-year term. Many vacancies will open up this year and next year. We must act now to ensure that members of civil society become Information Commissioners in the next round of appointments. It is equally important to ensure that all such appointments ? even those of former bureaucrats - happen through a transparent procedure, and not according to the favours of ministers and top bureaucrats. How to apply for the post of Information Commissioner - Central Information Commissioner - Maharashtra SIC - Tamilnadu SIC - Punjab SIC - Orissa SIC I hope each of you will take this opportunity, and apply to be an Information Commissioner in your state, as and when the spots open up. Currently, there are spots open in Maharashtra, Punjab, Orissa and Tamilnadu, in addition to the Central Information Commission too. Please also pass this article around, especially to those you think would do a fine job at commissioners. Krishnaraj Rao is an RTI activist, and a member of the group that has filed a PIL before Delhi High Court for transparent appointment of CICs. India Together: Apply to be an Information Commissioner - 31 May 2010
  9. As reported by Debabrata Mohanty in indiaexpress.com on 16 April 2010: RTI activists up in arms agaainst state govt in Orissa RTI activists up in arms agaainst state govt in Orissa RTI activists in Orissa are up in arms against the state government appointing yet another babu as a commissioner in the State Information Commission. With a panel comprising chief minister Naveen Patnaik, Leader of Opposition Bhupinder Singh and industry minister Raghunath Mohanty appointing Pramod Kumar Mohanty, now special secretary in CM's office, as the next information commissioner, activists are now asking the government to clarify how it zeroes in on persons while making such appointments. Despite having a forgettable tenure in CM's office, the faceless bureaucrat would now get to work as information commissioner in the State Information Commission for next 5 years with a monthly remuneration of Rs 1.1 lakh with a status equalling that of chief secretary, said RTI activist Pradip Pradhan. Mohanty, who would assume charge soon after he retired from government service on April 30, would serve as commissioner for next 5 years. The Orissa Information Commission can have 10 commissioners and 1 chief information commissioner. With the appointment of Mohanty, there would still be vacancy of 8 commissioner posts. Pradhan said the State Information Commission with a dismal record in delivering justice to the RTI petitioners across the State needs an effective and dynamic commissioner. With 5000 second appeals and complaint cases piled up before the 2-member commission headed by chief information commissioner Dhirendra Nath Padhi, activists like Pradhan alleged that the body is becoming a lumbering behemoth. "We have seen that the former IAS officers are no good in implementing the RTI Act. The current commissioners show no urgency as they can dispose of only 30-35 cases a month where as central information commissioners like Shailesh Gandhi disposes 265 cases in the same period. Any case takes about 10-12 hearing forcing petitioners to run to Bhubaneswar. The commissioners have largely been irrelevant. If the commission continue to dispose at this rate, then they would take another 20 years to finish all the cases,” alleged Pradhan. RTI activist Chitta Behera said that as per sections 12(5) and 15(5) of the RTI Act, the information commissioners shall be recruited from among the persons of "eminence in public life with wide knowledge and experience in law, science, technology, social service, management, journalism, mass media, administration and governance". Behera alleged that the state government all along has been appointing either government servants on the verge of retirement or people who are loyal to the ruling dispensation. Citing an example, Behera said in 2005 IAS officer DN Padhi took voluntary retirement 18 months before his superannuation to become the chief information commissioner in Orissa Information Commission. He would continue to be the head of a largely-ineffective OIC till November this year while enjoying the rank and salary of chief election commissioner. Pradhan said the whole process of appointment was being done in a clandestine manner which defeats the whole purpose of the Act. "Why only the government tends to favour bureaucrats for the post of information commissioners? Are they the only eminent people left in Orissa? Can't the government appoint commissioners after due consultations with civil society members and intellectuals of Orissa," asked Sudhir Patnaik, an eminent social activist and journalist of Orissa. President of Orissa chapter of Transparency International, Bimalendu Mohanty also questioned the surreptious manner in which the nomination was done. "By using his brute majority in the State Assembly, chief minister Naveen Patnaik has ensured that no once can question his decisions," he said. Rabi Das, a long-time bureaucracy watcher and senior journalist, said: “All these commissions and committees are all good rehabilitation grounds for retired bureaucrats. Why can't they nominate an eminent journalist to the commission?" Jatish Chandra Mohanty, a former Oriya IAS officer of Andhra Pradesh cadre and now president of political party Sammruddha Odisha, said the re-entry of IAS back to government should be banned. “It is inappropriate after one has served the government for a long time."
  10. Who is DoPT or any Public authority in picking up the candidates for the posts of Information commissioners? How DoPT or any Public authority , is picking up the candidates for the posts of Information commissioners. The sec 12 (3) for central Chief IC and ICs are to be appointed by The President of India on the recommendation of a committee consisting of The Chief Minister(chair person) leader of opposition and a union cabinet Minister. (These are Members of belongs to the Parliament) Likewise The sec 15 (3) for state Chief IC and ICs are to be appointed by The Governor of state on the recommendation of a committee consisting of The Prime Minister(chair person) , leader of opposition and a cabinet Minister. (These are Members of belongs to the Assembly) The DoPT or any Public Authority , is not playing any role in picking the Governors or Speakers . Only members of assembly or Parliament are doing so! Why the above committees are restricted to choose from the candidates picked up by some Public Authority? And what is the value of the committee so formed, in following some public Authorities recomendations? Does that mean That The above committees are not capable of Picking the right candidates for the posts of The state and Central ICs. ONLY On The Recommendations of the committees so formed , any matter is to be done In my opinion , The state and Central ICS are should be either from Judiciary ( these got analyzing Powers ) or from The Real activists of RTI ( these got zeal and concern and commitment). RK Bheri
  11. As reported by ENS in expressbuzz.com on 07 October 2008: Kas Officer Appointed Information Commissioner Kas Officer Appointed Information Commissioner BANGALORE: Senior KAS office J.S. Virupakshaiah has been appointed the new State Information Commissioner. Presently he is working as an Officer on Special Duty to the Chief Minister. A close confidant of Chief Minister B S Yeddyurappa, Virupakshaiah will be the third I n f o rma t i o n Commissioner, excluding Chief Information Commissioner K K Mishra. The other two RTI Commissioners are former KPSC chairman Dr H N Krishna and former KAS officer Thippeswamy, a close confidant of former prime minister H D Deve Gowda. Hailing from Kodagu, Virupakshaiah (58) joined government service in 1976 and was selected for the KAS in 1989. He will hold the post for five years from the date of his assuming office or until he attains the age of 65 years, whichever is earlier.
  12. sidmis

    JN Bhatt is new Bihar CIC

    JN Bhatt is new Bihar CIC Patna: Retired Chief Justice of the Patna High Court, JN Bhatt, has been appointed as the new State Chief Information Commissioner of Bihar. He will replace Shashank Kumar Singh. A committee, constituted as per section 15 (3) of the Right to Information Act, 2005, consisting of the Chief Minister Nitish Kumar, Deputy CM Shushil Modi and Leader of opposition in Legislative Assembly Rabri Devi has approved the decision. At present, the State Information Commission has two State Information Commissioners-Shakil Ahmed and PN Narayan, both are retired Indian Administrative Services (IAS) officers. Many RTI activists believe that the appointment of retired bureaucrats or judges to the post of Chief or Information Commissioners go against the spirit of the RTI Act itself. This legislation was conceived in view of the growing tendencies of secrecy and confidentiality of the establishment. This legislation was aimed at coming down heavily on the public authorities by making a provision in the Act about proactive disclosures. In fact, Section 4 of the RTI Act has made it mandatory on the part of all the public authorities to disclose within 120 days after the notification of the legislation, all relevant information through proactive disclosure. Bihar Today: J N Bhatt is new Bihar CIC
  13. As reported on chennaionline.com on 7 May 2008: Four retired officials appointed Information Commissioners Four retired officials appointed Information Commissioners Chennai: May 07 Tamil Nadu Governor S S Barnala today appointed retired IAS Officer T R Ramasamy and three others as State Information Commissioners in the Tamil Nadu Information Commission. The Governor administered the oath of office to Mr Ramasamy, Mr R Perumalsamy, Mr T Srinivasan and Ms Sarada Nambi Arooran, all retired officials, at a simple function in Raj Bhavan, an offical release said here. While Mr Ramasamy had served as secretary to Chief Minister M Karunanidhi, Mr Perumalsamy had served as the member of Tamil Nadu Public Service Commission, Mr Srinivasan as Additional Director of Statistics and Ms Arooran as Principal of Government Arts College for Women, Salem. Chief Secretary L K Tripathy, Mr S Ramakrishnan, State Chief Information Commissioner and other officials attended the function, the release added.
  14. IC O P Kejariwal has recently passed two orders : http://cic.gov.in/CIC-Orders/OK-11042008-09.pdf Since the Applicant should have filed her complaint within four months of filing her first appeal (in this case, the Applicant had filed her second appeal only on 22.10.2007, that is, six months after filing her first appeal), it is a time barred one and not tenable under the RTI-Act. Accordingly, the Commission treats this case as closed. http://cic.gov.in/CIC-Orders/OK-11042008-08.pdf On going through the complaint, the Commission found that he had filed the second complaint more than four months after he was supposed to receive a reply from the First Appellate Authority and hence his complaint becomes time barred. The Commission, therefore, treats this case as closed. (PS: There is no such thing as Second Complaint...only a Second Appeal !) As per my reading of Sec 18 and Sec 19 of the RTI Act, there is a time limit for filing Second Appeal with the SIC/CIC....Sec 19(3). But the act does not provide for any time limit for filing a complaint. Probably someone in CIC registry is confused between Sec 18 and Sec 19. Can members clarify what is the correct position ? If indeed there is no time limit for making a Complaint under Sec 18, what should these two applicants do ?
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