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indinews posted a question in Ask for RTI SupportBrief details of case is, IMC had issued a removal notice dated 21Jan2015 which was challenged in MPHC which directed IMC to take action as per said notice latest by 6th April 2015. However, IMC took no action by the said date. Applicant filed RTI application seeking information on action taken on 6th April 2015 and onwards on the removal notice, in compliance with MPHC order. In reply PIO sent an office note to inspect file at a date time fixed by him. Applicant appealed to FAA which rejected the appeal. Applicant filed second appeal which was accepted by SIC and on 26thNov2017, PIO was ordered to furnish all documents from 6th April till date of order. PIO did not comply with that order of SIC. So applicant filed a complaint with SIC. Now, in its order dt 6thMar2019, SIC Surendra Singh changed the facts of the case itself and overturned SIC's own order of second appeal and exonerated the PIO!! Reason mentioned is that information sought is unclear. Funnily, in its reply PIO himself has not made any of these claims and has admitted that he has not provided information. Learned members are requested to please advice remedy for this nonsense. Thanks in advance.
karira posted a topic in RTI in MediaState Info Commission want errant PIOs blacklisted to stall promotions BHOPAL: What's ironical about Right to Information Act in Madhya Pradesh is that public information officers guilty of stonewalling info and rendering the transparency tool toothless are often rewarded with promotions by the government. Their service records are shown as impeccable during promotions despite aberrations in dispensation of duty and fines slapped on them for concealing information under RTI. Now, the state information commission wants general administrative department (GAD) to fortify RTI Act by blacklisting public information officers (PIOs) penalised for denying information. "Their service records should be red-marked every time they misuse their powers. This will act as a huge deterrent to PIOs, who are undeterred by penalties. They will then think twice before denying information once their promotions are stalled," said an official at the state information commission. The commission penalizes at least 50 PIOs every month for refusing information to RTI applicants, but hefty penalty has not stopped their career graph from soaring. At least 400 PIOs, who were penalized, were promoted within a three-year span. Take the case in point of public information officer, Surendra Kumar Upadhyay, who was senior official with higher education department in February 2007. He was fined Rs 25,000 for denying information to an assistant professor of economics, S K Wagle, a resident of Dhar. Wagle had filed a RTI plea seeking information on authenticity of a letter issued by principal of government college of Kannod in Dewas district. The petitioner felt the signature on the letter was suspect and wanted an authorized copy. Read More: State Info Commission want errant PIOs blacklisted to stall promotions - The Times of India
As reported in freepressjournal.in on 21 Jan 2014: PS Law KD Khan is Chief Info Commissioner - Free Press Journal PS Law KD Khan is Chief Info Commissioner Bhopal: The Madhya Pradesh government, on Monday, appointed the Chief Information Commissioner and four Information Commissioners in the State Information Commission. The posts were lying vacant for over a year. Principal Law secretary KD Khan has been appointed as the CIC while retired IAS officer Heeralal Trivedi, ADG, Special Police establishment Lokayukta Sukhraj Singh, journalist Jaikishen Sharma and lawyer Gopal Dandotiya have been appointed as Information Commissioners. Dandotiya is said to be a RSS workers. In 2007, PP Tiwari was appointed as CIC and DC Jugran, Iqbal Ahmad and Mahesh Pandey were appointed as ICs, all of whom retired in 2012.Over 15,000 appeals and complaints filed by various applicants under the RTI Act are pending with the Commission, which was without its chief and others commissioners for over a year. The High Court in January last year had directed the Madhya Pradesh government to fill up the vacant posts of commissioners. In its another order last month, the court directed the state government to fill all posts of information commissioners before January 31.There are a total of 10 posts of Information Commissioners.
Sajib Nandi posted a topic in RTI in MediaReported by News.oneindia.in on January 19, 2014 Over 15,000 RTI appeals, complaints pending in Madhya Pradesh - News Oneindia Bhopal, Jan 19: Over 15,000 appeals and complaints filed by various applicants under the RTI Act are pending with Madhya Pradesh State Information Commission (MPSIC), which is without its chief and others commissioners for over a year. As many as 15,130 cases -- 13,098 appeals and 2,032 complaints -- under the Right to Information Act were pending with MPSIC, according to data updated till December 31, 2013. The MPSIC had received 30,057 appeals and complaints between 2005 and 2013 of which 14,927 were resolved, it said. "There are lots of complaints of withholding information relating to corruption by government departments. Many people have filed complaints to MPSIC against denial of information which are pending. The government is not serious about the issue of transparent governance," said activist Ajay Dubey, who had filed RTI application to access data on pendency. An aggrieved person can file an appeal or complaint in SIC against government departments for wrongful denial of information. Hearing a PIL filed by Dubey, the high court in January last year had directed the Madhya Pradesh government to fill up the vacant posts of commissioners in the state's transparency watchdog. In its another order last month, the court directed the state government to fill all posts of information commissioners before January 31. "It is sad that almost an year after the order, the state information commission is without its chief and other commissioners. We want that Chief Information Commissioner and Information Commissioners are appointed urgently. It is also necessary to decentralise SIC and have divisional benches after it is constituted to reduce pendency," he said. At present, the post of Chief Information Commissioner (CIC) and 10 posts of Information Commissioners (ICs) are lying vacant. In 2005, the Madhya Pradesh government had appointed T N Shrivastava as CIC who had been superannuated in 2006. The commission was without its CIC between 2006-07. In 2007, P P Tiwari was appointed as CIC and D C Jugran, Iqbal Ahmad and Mahesh Pandey were appointed as ICs, all of whom retired in 2012. According to the data, the highest number of 2,177 appeals were filed from Naxal-hit Balaghat district, also a tribal area, followed by 1,277 from Bhopal and 1,081 in Seoni districts among others.
Atul Patankar posted a topic in RTI in MediaAs reported th the hindu.com on January, 11 2009 New Delhi (PTI): Exercising its special powers for the first time, the Madhya Pradesh Information Commission has slapped a penalty of Rs 25,000 on a public authority for delay in providing information to an RTI applicant. Information Commissioner Mahesh Pandey ordered Madhya Pradesh Pollution Control Board (MPPCB) to shell out Rs 25,000 as fine and pay Rs 1,500 as compensation to the RTI applicant. The January 9 order is the first instance of the Commission slapping a fine in its three-year tenure. "There is delay from the Board in giving the information which is a mockery of the Right to Information Act. That is why, the Commission imposes a penalty of Rs 25,000 upon Public Information Officer of Madhya Pradesh Pollution Control Board," Pandey said. Applicant Ajay Shankar Dubey had on September 5, 2006 filed an RTI application in MPPCB and sought information on a Board's order. The then Chairman of MPPCB P S Dubey had in an order approved 400 industries in the state under the Hazardous Waste (Management and Handling) Rules, 1989. The rule is a part of the Environment (Protection) Act, 1986. The Chairman of the Board, the applicant claimed, had by-passed the responsibility of Member Secretary, who was authorised to validate or give licences to industries under the Rule and gave a wrong order to approve 400 industries which emitted harmful effluents. "That was sheer misuse of Chairman's power and authority. According to Board's mandate, a member secretary was authorised to take decision in this regard," claimed Dubey. Source : The Hindu News Update Service
Pursuant to our discussions in the thread http://www.rtiindia.org/forum/7115-per-decision-cost-central-information-commission-sics.html I had filed an RTI application with MPSIC on 7/10/08. Since I did not get a reply I filed a first appeal. In his order, the FAA has claimed that: 1) The PIO had sent me a reply on 14/11/08 (the reply never reached me.) 2) In his reply (which I believe was never sent) the PIO had mentioned that the information sought by me was in question form and does not fall under the definition of information. 3) The FAA observed that the information sought was not only in question form but also too broad in nature. The information is not available in the form requested by me.He further adds that RTI Act has no provision for collection, compilation and preparation of information. The PIO and FAA are trying to act too smart. I am enclosing a copy of the order. Please help me draft a very strong and watertight second appeal. I will be posting my draft soon. MPSIC First Appeal Order - Scanned.pdf