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  1. I was making a lot of RTI applications to be aware of the actual and factual position in PAs. In the process, I was successful in getting a lot of information in shape of Certified Photocopies. Those documents were piling up in my work room and I was feeling perplexed that what to do next. Officers had openly admitted and informed me about their irregularities and mocking now at me, do what you want to do. The complaints to higher were of no use as they are all chip of same stone, And I could also not bear the cost of going to court for Public Cause. I was discussing with many an RTI leaders who were even advocates but those were reluctant to file PILs on one pretext of going to loose or other, I could not understand. OK, I decided to go to HC myself and I did a lot of work to prepare my self to file a PIL and to get it admitted first at registry being fit as per rules of filing and then to appear in court room of Chief Justice in double bench, to argue and to get it admitted. I have filed Two PILs (Public Interest Litigation) in the High Court of Punjab & Haryana as PETITIONER IN PERSON. means I have not engaged any counsel and prepared, drafted, printed and filed my self in registry of HC and further appeared my self before the Bench. One PIL (2nd File attached as "MCA Business of House") was heard by Double Bench consisting of Hon'ble Chief Justice MM Kumar and Hon'ble Justice Alok Singh and is admitted and Motion for notice is issued to Government of Punjab. The Writ No is 7251 of 2012 Next date of Hearing for reply of Respondents is 9.6.2012. Second PIL (1st File attached as "MCA Blgd Reg.") was heard by Double Bench of Hon'ble Chief Justice MM Kumar and Hon'ble Justice Alok Singh and is admitted. The Writ No. is 8801 of 2012 and I have been asked to furnish the Detail of unauthorised constructions Property wise. The next date is 24/5/2012 and I have prepared exhaustive list to submit. This is for your information and any body who have interest in these PILs can apply to become a party of the matter. If you have more facts about irregularities of MCs in regard to Building and Town Planning irregularities or other matters relating to these PILs, you are welcome to take your stand their, but please consult your counsels before it on the safe side. I further appeal to you, that after getting information through RTI, actual result will come if we expose the matters in Courts. So be forward and prepare yourselves to file PIL, writs or though any other means, your matter to courts to teach the guilty, lessons. Yours in RTI activism, Parbodh Chander Bali 1 PIL- MCA Bldg Reg. Main Pages.doc 1 PIL- MCA Bussines of House Main Pages.doc
  2. Wanting an explanation as how was cannabis harmful to humans, he sent numerous applications under the Right to Information Act to various Central government ministries and agencies.One such reply from the National Institute of Nutrition, he says, “copy-pasted” a reply from the website of National Highway Traffic Safety Administration of New Jersey. Another reply from the Central Bureau of Narcotics “just mentioned the provisions of the National Drugs and Psychotropic Substances Act, 1985”.Read more at: Marijuana central to our culture, how is it illegal? Lawyer asks in PIL | The Indian Express
  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. Hello Friends and Experts, I want to sue or file a Petition (PIL) against Municipal Councillor (Nagarsevak) of Ward No. XX in Mumbai. In our Area or Ward many Illegal and Unauthorized work are going on which are contary to provisions and law of BMC (MMC) Act, 1888. Like Illegal Construction which is Unauthorized. And Illegally running Business Units in Human Habitations / Residence Area. Pls Guide me with your Valuable Solutions. Regards, Vaibhav Rane.
  5. Reported by kanglaonline.com on 14/12/2013 Manipur RTI activist files PIL to Supreme Court | *KanglaOnline.com | Manipur News Manipur RTI activist files PIL to Supreme Court IMPHAL, December 13 (NNN): An activist from Manipur has filed a Public Interest Litigation (PIL) before the Supreme Court formally challenging the Government of India for failing to fulfill till date the Article VIII (3) of the Merger Agreement of March 21, 1949 which led to the merger of Manipur into the union of India. The petitioner, Dr Suresh, chairman, Centre for Foreign Studies and Placement while talking to newsmen at the state BJP office here, said he had earlier on May 8, 2012 sought information through RTI regarding the non-implementation of the said Article enshrined in the Merger Agreement, however the Central Public Information Officer (CPIO) and the Ministry of Home Affairs in reply to the query had said that the information was not available with the CPIO. The Article VIII (3) in the Merger Agreement says that the Government of India also undertakes to make suitable provisions for the employment of Manipuris in the various branches of Public Services, and in every way encourage Manipuris to join them. It further says that they also undertake to preserve various laws, customs and conventions prevailing in the State pertaining to the social, economic and religious life of the people.
  6. MPSC recruited men in women's quota, PIL alleges Reported by zeenewsindia.com on Jan 16, 2013 MPSC recruited men in women`s quota, PIL alleges Mumbai: A public interest litigation (PIL) filed before the Bombay High Court has challenged recruitment by the Maharashtra Public Service Commission for the posts of Town Planner in the Urban Land Development Department. Of the 20 openings, ten were reserved for women, however not a single woman was appointed despite 68 women applying, and male candidates were appointed to the ten posts, petitioner Sunil Kate alleges. Also, a person not having any sports credentials was appointed in the sports category, the PIL says. The division bench headed by Justice AM Khanvilkar on Wednesday asked Kate to add the candidates who were allegedly recruited wrongly as respondents, and posted the matter for hearing after two weeks, said Kate's lawyer Machhindra Patil. MPSC had issued the advertisement for these 20 posts on August 11, 2008. [TABLE=align: right] [TR] [TD][/TD] [/TR] [/TABLE] Kate says he had sought information about the recruitment under Right to Information Act, but MPSC did not furnish complete information. He moved RTI appellate authority which turned down the appeal. His appeal before the information commissioner is pending. Another objection raised by the PIL is that MPSC filled up the posts through interviews, when the advertisement had stated there would be a written test. The petition also states that Kate had approached Secretary, Urban Land Development Department, on the issue, as also the Chief Minister of Maharashtra and Director General of Police, but there was no response.
  7. ]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.
  8. 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.
  9. As reported by Shibu Thomas at timesofindia.indiatimes.com on 14 January 2010 MUMBAI: Taking a strict view of frivolous petitions that flood the courts, the Bombay high court, in an unprecedented move, has ordered a city-based organisation, the Bhrastachar Nirmoolan Sanghatana , to pay Rs 40 lakh as legal costs after dismissing its public interest litigations against a super-luxury tower on Peddar Road. Terming it as an abuse of the process of law , a division bench of acting Chief Justice J N Patel and Justice B R Gavai said that the tendency to file PIL on flimsy grounds needed to be curbed. The court remarked that it had become a practice to obtain information under the Right To Information Act. A flood of such RTI-based PILs, many with sketchy details, had been filed, added the court. The petitioners who drag people to court themselves do not have anything to lose, said the HC, adding that it caused harm not only to the finances of the respondents but also to their reputation. The judges gave the organisation four weeks to pay Rs 10 lakh each to the opposite parties: the BMC, Ispat Industries (owner of the Pedder Road land) and builders Peddar Realty Developers and Sameer Bhojwani. And, if the amount was not paid within the stipulated time, the court asked the collector to initiate proceedings against the trustees of the NGO to recover the money, including seizing their properties. The tower, coming up on Pedder Road, has 18 duplex flats of around 6,000 square feet each, with the premium price tag reportedly starting at Rs 75,000 per square foot. Source: HC ire on frivolous PILs: NGO fined Rs 40 lakh - Mumbai - City - The Times of India
  10. Atul Patankar

    RTI exposes lack of facilities in school

    As reported at thehindu.com on Jul 19, 2009 MADURAI: The Right to Information (RTI) Act, 2005 has exposed the appalling conditions of a middle school in Tiruchi where 195 students were suffering from lack of basic facilities such as electricity, ventilation, toilets and structurally stable buildings. Disposing of a public interest litigation (PIL) petition filed on the strength of information obtained under the RTI Act, the Madras High Court Bench here on Friday directed the education officials to shift the students to other schools. The Tiruchi District Elementary Educational Officer (DEEO) was ordered to transfer immediately all 195 students studying in Standard Six to Eight in Sacred Heart Middle school at Pushpa Nagar, Sangiliandapuram, to two other nearby schools. A Division Bench comprising Justice V. Ramasubramanian and Justice D. Hariparanthaman held that the temporary recognition granted to the middle school, until October 31, 2009, was illegal. Mr. Justice Ramasubramanian directed the Collector and the Director of Elementary Education in Chennai to inspect the buildings where the school was accommodating students studying in Standards I to V and ascertain whether they had all necessary facilities. Source: The Hindu : Tamil Nadu / Madurai News : RTI exposes lack of facilities in school
  11. Atul Patankar

    PIL against SAIL chairman, BSL MD

    As reported at timesofindia.indiatimes.com on 9 Jul 2009 RANCHI: A PIL was filed by one Surendra Sao of Bokaro in Jharkhand High Court demanding a CBI inquiry against SAIL chairman, BSL MD and former Union steel minister Ram Vilas Paswan in connection with the expenses incurred during Prime Minister Manmohan Singh's visit to the state last year. The PM had come to lay the foundation stone of BSL's modernization and expansion programme. Sao has challenged the Rs 1.92 crore expenditure incurred by BSL during the visit of the Prime Minister on April 22, 2008. The estimated expense to be incurred by BSL in this programme was around Rs 11,000 crore. The petition was filed on basis of information collected through RTI from SAIL. The report of alleged misuse of money during the Prime Minister's visit to the state was first published in TOI. Source: PIL against SAIL chairman, BSL MD - Ranchi - Cities - The Times of India
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