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  1. I recently received a response from SEBI regarding stale historical FII trade record information, in which the FII IDs are understandably masked to preserve privacy. But unlike other regulators elsewhere in the world who mask trader IDs, SEBI actually does not just mask the data but changes the mask each month. So it is impossible to tell if any FII traded in more than one month, or how many FIIs there are in all. Nor does SEBI disclose anywhere officially that it is changing the masks each month. Because of the curiosity of a bright IIT-M undergrad some years ago, we suspected that was the case, and SEBI acknowledged that in response to an RTI query some years ago (though it still does not disclose that in its official documentation). This has caused academic researchers (the only people with an interest in such stale data) to make mistakes despite their complete innocence. Accordingly I have filed an RTI Appeal (note, appeal and not a complaint) per the note below. We feel there is a clear case for calling this misleading information. Our quarrel is really not with this particular CPIO, who we feel has updated the data using the masking rule prevalent in SEBI for the last few years. The RTI appeal below should be self-explanatory. Can RTI gurus on this site tell me what has been accepted in the past as "misleading information?" Any advice, comments, suggestions, would be most welcome. Thank you. Best, Murgie ----------------RTI APPEAL--------------------- sent by email on 5th Feb 2020 ------------------------------- Shri A.R. Baiwar, Executive Director, SEBI RTI Appellate Authority Dear Sir, Ref ---- CPIO/GPG/LD/2125-2020/4682 (4th Feb 2020) I am writing to formally appeal the action of the CPIO Shri GP Garg for the following reason. Unlike a couple of past queries which were never even responded to, I acknowledge that he did, within 30 days, and the website update of the data that we sought was completed, at least for data up to June 2019. This action is greatly appreciated. But when Shri Shyam Benegal, then Rajya Sabha MP, entered into an agreement with SEBI many years ago for release of this data for academic research, and its regular updating, we accepted that FII IDs would be masked, but never realized that SEBI would even change these FII ID masks every month. That does not simply preserve FII privacy but it also limits the utility of the data for academic research. (SEBI also has never disclosed in its documentation of this data that FII ID masks are changed every month, causing several PhD students and faculty to assume that the masks are stable, leading them to mistakes in research for which they themselves are completely innocent victims. This was discovered accidentally by a very curious IIT Madras undergraduate some years ago and confirmed to me in an RTI response some years ago by SEBI).No other regulator in the world who masks trader IDs changes masks over time. Already for large and significant FII trades, the FII IDs are revealed under the Insider Trading Act, as trades above a certain size are block trades and deemed insider trades. So the purpose behind this changing of FII ID masks cannot be serious, or serve any public purpose. To provide data that misleads is a violation of the RTI Act. And by not revealing that the FII ID masks are changed each month SEBI is deliberately misleading researchers who use the data. At a minimum, SEBI should have the courage to disclose that it is doing so, and perhaps also disclose what valid intelligent purpose is served by knowingly misleading academic researchers. Elsewhere in the world academic research is considered a part of the system of checks and balances in a well-functioning financial market, and is not treated by regulators as the enemy of the people. To promote academic research is considered to be in the public interest, not against it. If you want, I can give you an example of how this data is currently being used by academic researchers. That may help reduce any sense of alarm that a civil servant has about the work done by academics with this data. Please let me know. I sincerely appreciate the efforts of the SEBI CPIO Shri GP Garg in updating the website, given that even that had stopped for 30 months. (He seems to have also returned my RTI application fee for a Sept 2018 RTI query that was never responded to. That is unusually nice behaviour for a civil servant.) And I realize that he has simply been consistent with whatever masking rule has been in place before his time, and yours. But I humbly request you to reconsider the policy of changing the FII-ID masks each month, and keep them stable over time. FII privacy will still be preserved (to the extent not already revealed by insider trading disclosures). But the data will be dramatically more useful to academic researchers. Please help. Thank you. Best, Murgie
  2. The issue is related to my Mother's RTI Application to ABC Finance Department Zilla Parishad in Maharashtra. 1) My Mother had made a written a complaint to the Chief Executive Officer of ABC Zilla Parishad complaining about excess recovery of Rs 22000 from Gratuity due to wrong Mathematical Calculations by the concerned department. 2) The Senior Accounts Officer of ABC Zilla Parishad on behalf of the Chief Executive Officer wrote a letter dated 30/08/2013 to the Block Education Officer (BEO) of XYZ Panchayat Samiti instructing him to take proper action on my Mothers complaint. He also instructed him to submit Action Taken Report to the Senior Accounts Officers Office with a copy to my Mother. 3) My Mother neither received the refund of excess recovery nor she received the copy of action taken report. 4) So my Mother filed a RTI Application dated 17/11/2015 to the office of Senior Accounts Officer as follows: A) Subject matter of information :Information relating to Senior Accounts Officer’s letter dated 30/08/2013 to BEO XYZ Panchayat Samiti (Copy Attached) B) Description of Information Required : i) The exact date on which the above mentioned letter was send to Block Education Officer (BEO) XYZ Panchayat Samiti. ii) The Speed Post/Registered Post Number of the above letter iii)The date on which BEO XYZ Panchayat Samiti submitted his action taken report on excess recovery from Gratuity as instructed by the Senior Accounts Officer in his above mentioned letter iv)The certified photocopy of the action taken report submitted by BEO. v) Details of actions that can be taken by Senior Accounts Officer to ensure his instructions in relation to excess recovery in letter dated 30/08/2013 are strictly implemented. 5) The PIO who is Senior Accounts Officer sent a reply which was received on 07/12/2015. He has answered first two queries but for information pertaining to 3 to 5 he has advised to contact BEO's office for information even though information is related to PIO's Department. 6) What should be done now? Please help me in this regard.
  3. dear sir i have framed an rti to cmo office ,i had asked following questions How many wholesale chemists are their in sangrur city? What are necessary conditions to obtain a license for whole sale chemists business ? How many regular inspections held (by rule) for the period 01/04/2014 to till date? Name and designations of designated officer responsible for inspections. Inspection log book of from April 2014 to till date How many samples collected & result thereof ? How many sample and mandatory to be collecting in a month ? Records available of inspection thereof by general public and condition thereof Please provide us the list of all medical store being inspected in the following format. Name and location of the pharmacy / Name of the proprietor /license no. /Name & father’s name of the Pharmacist/ Reg. No. /temporary & Permanent Address of the pharmacist /College & year of passing / Since how long he is working with this particular pharmacy/ Name of the pharmacy he worked earlier/working with hours of pharmacy ? What are measure taken to prevent the period sale of banned or fake drugs? Please provide the name designation of the officers responsible for inspection. Provide the list of complaints received and action taken against medical store in Distt. Sangrur during last 3 years . Provide the list of medical store which are involved in dealing banned drugs. Also provide the brief details of actions taken against them. i had asked for the summry lists but PIO willingly asked me to pay rs-5000/- for documents,he has posed unwanted and unnecessary documents ,he stated that he can not give information in the format i have asked for, he can give only document photocopies as per RTI rule, please guide me ,i want go for appeal
  4. Dear all, i got one of the my application under RTI for PIO address and contact detail. but given answer in wrong address and contact nos. i have many evidence for the same. what to do now? any past judgment for the same ?
  5. It has been seen that Government Department websites while listing information under Section 4(1)(b) of RTI Act 2005 are resorting to subterfuge where they want to hide information. They provide weblinks which when clicked lead to webpages which give irrelevant information or confuse. Is this a punishable act by the Transparency officer of the department or other responsible officer of the department? If yes, then how to bring the Officers to book?
  6. Loosely based on news reported at loksatta.com on 01 April 2011 Vice principal of Surgana Commerce College in Nashik District, in his capacity of information officer was fined for giving misleading information under RTI to an applicant employee in the college, regarding her medical and leave record. Ms. Chandrakala Shevale had applied under RTI for information regarding her medial leave and other record. She had specifically requested the information to be given by Registered Post. As she got no information, she made an appeal to the principal, complaining non-receipt of information in time. The principle said that the information was provided within 30 days, under UPC. When the appeal was heard by the State information commissioner, it was revealed that the information provided was about validity of medical leave. When asked to show the relevent information, the PIO failed to do so. Thereafter, the SIC ordered the information to be provided within 15 days, free of cost, by registered post. The Vice principal was fined Rs. 25,000. This is to be deducted from salary, from 5 monthly salaries. The commission also remarked that the order of first appellate authority was incorrect and irrelevent.
  7. Atul Patankar

    RTI helps man win battle with MMRDA

    As reported by Viju B at timesofindia.indiatimes.com on 10 July 2009 MUMBAI: There is good news for the six information commissions which have been struggling with various government agencies that have not complied with the state information commission's orders till date. An RTI applicant's battle with the Mumbai Metropolitan Region Development Authority (MMRDA) for recovering compensation as specified by the SIC order has finally met with success after he filed an RTI query asking for the status of the compliance report. The SIC had imposed a penalty of Rs 9,500 on the Public Information Officer (PIO), in this case, MMRDA executive engineer L M Bisen, for providing misleading information. The SIC had also directed the agency to recover Rs 100 as token compensation and pay the amount to RTI applicant S K Nangia. But though the order was passed last year, the MMRDA never complied with it. Nangia then filed a fresh RTI query with MMRDA. "Within a month, I received a cheque of Rs 100 recovered from the salary of the PIO,'' he said. Bisen said that it was a government directive and the order had been followed. The case came up with SIC after Nangia, a Kandivli resident, had filed an RTI query asking for details about a huge crater in Mulund that was left open by the MMRDA. "I had asked for the major factors that led to a car falling into the pit,'' Nangia said. The PIO responded by stating that the applicant should go to the police station. Nangia then filed a first appeal with the appellate authority of the MMRDA. Though the appellate authority directed the PIO to furnish the information, Nangia did not get requisite details like the concerned official's name. "I was shocked to get a reply from the MMRDA, which said there was already a barricade at the spot,'' he said. The SIC noted that it was wrong on the part of Bisen to direct the complainant to seek information from the police. "The commission appreciates the concern of the applicant and a token compensation will be given to him,'' the SIC order said. Source: RTI helps man win battle with MMRDA - Mumbai - Cities - The Times of India
  8. Atul Patankar

    Cineplex feels undue RTI stress

    As reported by Sandeep Ashar at India news, World news on June 11, 2009 he information you get under the Right to Information (RTI) Act may not always be accurate. One such misinformation, from the police commissioner’s office, unleashed a sequence of events involving a noted cineplex, inquiry letters to the chief minister, governor and the director general of police, among others. Replying to an RTI query filed by Mohan Krishnan of an NGO, National Anti Corruption and Crime Preventive Council (NACCPC), seeking to know whether Movietime Cineplex Pvt Ltd had the permission to run a mini screen at Movietime, Malad, public information officer, ACP Hira Rathod, in a letter dated May 21, said that no such permission had not granted. Krishnan then dashed off letters to the governor, the chief minister, deputy CM, among other authorities, demanding an inquiry on how a theatre was being allowed to function without a valid license. It turned out that the mini screen did possess valid permission which had been renewed only a week before the RTI query was replied to. The police had renewed the theatre (video) license for the 67-seater mini screen. While Krishnan had sought information regarding the same theatre, he incorrectly mentioned the seating capacity as 32. Instead of conveying that while permission had been granted to a mini screen of 67 seats and that no record existed of a 32-seat theatre, the police complicated matters by stating that the “license for the mini screen with 32-seat capacity had not been granted”. Source: DNA: Mumbai: Cineplex feels undue RTI stress
  9. i have applied to deputy collector for photocopy of photopass register for particalar slum on 20/04/2007 even after a months time they have not acted upon it and then i files a second letter on 29th05/2007 addressing to office for enquiry on my application and action on the same, but with no action or reply from the officer received by me then i submitted a letter to public information officer on 06/06/2007.on which they have replied us to pay a sum of rs 1000/- which we paid on so many personal visit to office they have not given me informaion and on 13/07/07 they have given me photo copy of photopass register but of a diffrent area and receipt of rs 680/-they have charged me rs 680/- and also not given me the information which i sought and unneccesarily charged me rs 680/- the main issue is 1) they have misguided me in providing informaion 2)not provided informaion within prescribed time frame 3) not cooperated me in getting information 4)provided misleading informaion and charged me heavily what should be my next action i will appriciate ur guidance thnx
  10. p.esakkimuthu

    Incorrect Information

    The information furnished is incorrect.A a conplaint with the CIC can be made.How to prove that the information is incorrect,misleading etc.
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