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  1. Reported by Yogendra Pratap Singh in Hindustantimes.com on May 5, 2015 FIR against Madhya Pradesh governor in exam scam quashed The Madhya Pradesh high court on Tuesday quashed an FIR against governor Ramnaresh Yadav in connection with the multi-layered examination and recruitment scam, one of the biggest scandals in the state in recent times. A bench of chief justice AM Khanwilkar and justice Rohit Arya held that the immunity granted to a governor under Article 361(1) or 361 (3) of the Constitution made it imperative that an FIR can be lodged against a governor, if required, in connection with a crime only after he ceases to be in office. The special task force (STF) probing the scam - commonly referred to as the MP professional examination board scam -- had filed the FIR against Yadav, 88, alleging his complicity in a forest guard recruitment exam conducted by the MPPEB in 2013. Yadav's son Shailesh, also an accused in the scam, had died in mysterious circumstances in Lucknow in March this year. The multi-layered scam saw candidates rig examinations for admission to colleges and recruitment in government jobs through scamsters who employed imposters to write test papers, manipulated sitting arrangements and even supplied forged answer sheets. While quashing the FIR, the judges made it clear that the STF could re-file the FIR against Yadav once he demits office. The judges also made it clear that the STF could continue its investigation into the case in which the FIR was lodged against the governor and could also record his statement. "…The immunity and privilege is only during the term of office. At the same time the immunity and privilege extended to the governor will not impair or whittle down the powers of the police to investigate the criminal case registered against other accused who cannot claim such privilege and in the process, record statement of the petitioner, if required," the judges observed. The court, however, asked the STF not to undermine the "majesty of the office of the governor" while proceeding with the investigation. Earlier on April 18, the high court had in an interim order stayed the FIR filed on February 24, asking the prosecuting agency not to take any "coercive action" against him.
  2. Under the 2006 Forest Rights Act, providing land rights to forest-dwelling communities of the country, only 15 lakh complainants out of the 39,56,262 cases filed; were given the legal recognition to their property. Responding to an RTI query, the Ministry of Tribal Affairs stated that 39,56,262 complaints were filed under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 till November last year. Read at: 82 per cent of tribal rights entitlement cases quashed: RTI | Business Standard News
  3. karira has just uploaded Penalty on PIO quashed because no. of queries were too long! In a judgement dated 20 Feb 2014, the Delhi HC has quashed the penalty imposed on the PIO because the number of queries
  4. SIC no to making service books of 164 officers public The Madhya Pradesh State Information Commission has quashed the order of first appellate officer in which it was directed topublic information officer to provide free of charge information of service books of 164 officers and employees. Generally, the citizens make second (final) appeal to the Commission against appellate officer and public information officer. In a rare case, a public information officer lodges second appeal against the appellate officer.The Commission in its hearing by its commissioner Atmadeep accepted the appeal and rejected the order of the first appellate officer. The rejection of the order will lead to a stop on making personal information public of more than 150 officers and employees along with principal of Govt. Kamlaraja Girls PG Autonomous College, Gwalior. Read More: SIC no to making service books of 164 officers public - Free Press Journal
  5. karira has just uploaded Penalty on PIO quashed because no. of queries were too long! In a judgement dated 20 Feb 2014, the Delhi HC has quashed the penalty imposed on the PIO because the number of queries
  6. Hi everyone, I just read on a blog that it takes 18 months for cases to be heard at CIC. With this new High Court ruling how much longer will it take? Delhi High Court quashes RTI Act,CIC Management Regulations 2007 Nov 27, 2009 – A division bench of the Delhi High Court comprising Justice B.D.Ahmed and Justice Veena Birbal today quashed the Central Information Commission (Management) Regulations 2007 while hearing India's longest running RTI battle the case of Er.Sarbajit Roy v. DDA. All Central RTI appeals will henceforth be heard by all 10 Information Commissions sitting jointly. In 2005 the complainant Er.Sarbajit Roy had moved India's first RTI case to India' FoI watchdog the Central Information Commission (CIC) complaining that the Delhi Development Authority (DDA) had failed to comply with proactive disclosure mandated under new India's Right to Information Act 2005. 4 years later on 22.09.2009 a twin bench of Chief Information Commissioner Wajahat Habibullah and Information Commissioner M.L.Sharma found Roy's allegations to be true and constituted a 3 member committee to go into all aspect of servicing RTI Act throughout the DDA expeditiously. Roy challenging the appointment of the committee cited the Government of India's legal opinion to CIC for there to be no provision in law for CIC to form benches or committees to decide complaints. The DDA then approached the High Court and obtained a stay against all proceeding in Roy's complaint. The Court heard Er.Roy, standing senior counsel for CIC Prof. K.K.Nigam and standing counsel for DDA Adv. Ajay Verma at length over 2 days. The Court was astounded to learn that the CIC (Management) Regulations 2007 promulgated by CIC which permits setting up of benches and inquiry committees had never been notified in the gazette to have any legal effect. The Court while striking down the Regulations also interpreted section 12(4) of the RTI Act to be a "provision restricting the CIC's autonomy" and not as an enabling provision to frame notifications. Noting that the Department of Personnel (DOPT) had consistently refused to notify the CIC's wide roving regulations, the Court remarked "what was not done by Rules cannot now enter through the backdoor of these illegal regulations". Responding to the decision Chief Information Commissioner Wajahat Habibullah said "It is highly impractical to expect the entire bench to hear every case together especially in the state commissions. We have asked them to provide an alternative, a system in place so that their demand could be considered". CPI Politburo leader Brinda Karat also hit out at the government over the Government demand to force CIC to only sit as a Full Bench in Parliament. "Who is the DoPT to make such demands, the CIC is an independent body. The government has no business getting involved in this." There are now concerns that attempts by the government to restrict the role of the CIC will lead to a massive delay in disposing cases. Already 26,000 cases are awaiting hearing at CIC with an 18 month backlog. The wait has just got longer. # # # Delhi High Court Infowire, an online website for advocates reporting daily hearings from Delhi High Court contributed by advocates who appeared
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