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  1. The life of Appointment Snails. In the absence of ICs the Chief Information Commissioner (CIC) Shatrughan Singh is not able to hold hearings of the commission. DEHRADUN: Delay in appointment of new ICs has resulted in piling up of appeals in Right to Information (RTI) cases at the SIC. The work in the SIC responsible for hearing the appeals in the RTI cases has stopped in the absence of ICs. The term of last remaining IC Surendra Singh Rawat ended in June this year. The long-pending appointment on the crucial position of Information Commissioner (IC) has got further delayed as the meeting of three-member committee, constituted to approve the names for ICs scheduled for Tuesday, was cancelled at the last moment. The meeting of the high-powered three-member committee, comprising the Chief Minister Trivendra Singh Rawat, leader of the opposition ( LoP) Indira Hridayesh and senior Cabinet Minister Madan Kaushik was scheduled to be held at CM’s residence on Tuesday evening. The meeting was , however, cancelled as the CM left for Delhi in the afternoon to inquire about the health of former Chief Minister of Uttar Pradesh and Uttarakhand Narayan Dutt Tiwari. View full entry
  2. Punjab State Information Commission has ruled that the Right to Information (RTI) Act was not applicable on the information compromising the law and order of the state or country. The complainant Gupta had sought the information regarding the incidents wherein members of Hindu community were pulled out of buses and killed between the year of 1984 to 1995. Taking strong exception of Gupta’s case filed against the public information officer and the first Appellate Authority of the Punjab Police, the state Chief Information Commissioner SS Channy said that the information sought by the complainant may adversely affect the communal harmony and ultimately unity and integrity of the state, which could trigger communal riots. “So, this information will not be necessarily be given under Section 8 (1) (a) of the Act 2005,” he held. Disposing of the case, Channy said that this information may not also be disclosed under the RTI Act because the clause of exemption implemented on this as this could be harmful for foreign security of the country. View full entry
  3. Governor Ram Naik asked the State Government to mull over the pattern adopted by Maharastra Government so that, a State Information Commissioner (SIC) chould be posted in each divisional headquarters. An NGO - Jagriti Welfare Society, wrote to the Governor suggesting that that to facilitate the RTI to every citizen, the UP government should follow Maharastra government where one SIC is posted in every divisional headquarter of the state. The NGO said that presently 10 posts of SIC and one of Chief SIC was sanctioned in UP and out of this, eight SIC and one Chief SIC were presently posted but they sit in Lucknow. The NGO reasoned that since all top officials sit in the state capital so activists and general public seeking RTI replies have to come to Lucknow to pursue appeals against delay with Information Commissioners. The NGO said that if like Maharastra, SICs were posted at divisional headquarters, then making appeal under the RTI would become easier and money and time of government officers could also be saved. Under the present set-up, Information Officers of various departments claim Traveli and Dearness Allowance for coming to Lucknow and attend appeals. Sources said that Governor Ram Naik after going through the request wrote to the state government to look whether the Maharastra model was feasible in Uttar Pradesh or not. View full entry
  4. State Information Commission odhisha order to deposit the cost of information from Below Poverty Line Application has been quashed by the High Court and had been directed to supply information free of cost The State Information commission directed the application to deposit the cost of information and supply information to the complainant within seven days Admittedly, proviso to sub section (5) of Section 7 of the Right to Information Act, 2005 stipulates that no fee shall be chaged from the persons who are of below poverty line. The petitioner having filed his BPL Card showing that he comes under the BPL category, no cost of information can be imposed on him. The High Court of Orissa noted that A division bench of the Odisha High Court comprising of Chief Justice C Nagappan and Justice P Mohanty has ruled that the RTI Act stipulates that no fee shall be charged from the persons who are below poverty line and therefore, the cost for information cannot be imposed on such an applicant. Vide an order dated July 3, 2013, the Odisha High Court has given direction to the Public Information Officer (PIO), Office of Assistant Engineer National High-way Sub-division, Dist-Nayagarh, Odisha to provide information to the Below Poverty Line (BPL) RTI-Applicant free of cost as per section 7(5) of the Right to Information (RTI) Act, 2005. Sri Kunja Bihari Patra, a BPL-RTI Applicant had submitted RTI Application on dated 8.3.10 and 27.4.2010 to the PIO, office of Assistant Engineer, National High way Sub-division, Nayagarh seeking some information about construction of 224-NH by National Highway Authorities. It needs to be mentioned here that there was allegation of corruption in the construction of NH-224 by the Public. However, finding no information by the PIO, Sri Kunja Patra approached the Odisha Information Commission by way of filling complaint petition on dated 20.7.11 under section 18 of the RTI Act. He has mentioned in the petition that as he is BPL fellow, he is entitled to get information free of cost. Sri Tarun Kanti Mishra, State Chief Information Commissioner heard the case and directed the Executive Engineer National Highways Division, Bhubaneswar to conduct an enquiry and to submit a report as to whether the applications of the petitions were received by the PIO and timely action was taken thereon. The Enquiring Officer reported that both the applications as claimed by the petitioner were not received by the office of the Public Information Officer. Subsequently, on 18.12.2012 the Commission directed the PIO to intimate the complainant within fifteen days about the cost of information and supply the information to the complainant within 7 days of the cost of the deposit of the information. Being aggrieved, Sri Kunja Bihari Patra challenged the decision of the Commission in High Court (WPC No- 4797/2013). Hearing the case and quoting the provision of section 7(5) of the RTI Act, the High Court has directed the PIO, Office of Assistant Engineer, National High way, Nayagarh to provide the information free of cost. Further, it needs to be mentioned here that as per section 7(5) of the RTI Act, the RTI Applicants coming under BPL category are entitled to get the information free of cost. But in Odisha, the State Government and office of Odisha Information Commission has been collecting fees from the BPL people going against the letter and spirit of the RTI Act. Even the Information Commission has gone to the extent of directing the PIO to collect the fees from the BPL people. View full entry
  5. GUNASELVAM_V

    CIC and SIC

    Sir, Is it mandatory to give decision by SIC only in line with other CICs order. I.e if RTI applicant quotes CIC's judgement, then SIC has to give decision only in that line?
  6. I made a query under RTI from the PIO/DM of my district in U.P. When there was no response despite the lapse of 30 days, I emailed my First Appeal under RTI to the FAA/Secy State Information Commission, Uttar Pradesh, but again there was no response whatsoever. After waiting for a month I emailed my appeal to the State Chief Information Commissioner, but i vain. The result is that I haven't got any response on my query under RTI despite the lapse of 9 whole months. Please tell me what should I do now.
  7. The repeated filing of applications under the Right To Information (RTI) Act on various issues by a retired Army official from Palakkad have irritated the State Information Commission (SIC) to the extent of it issuing an order to the Palakkad Revenue Divisional Officer (RDO) not to accept RTI petitions from anyone from the district and ordered to send them directly to the public authority concerned or the commission. That the order is particularly targeted at Major (Rtd) P.M.Ravindran is evident from the fact that it mentions his name as “one example in point”. He has filed scores of RTI applications, mostly on the performance of the SIC, the latest being the one seeking information on the expenses incurred for an SIC sitting held in Palakkad. As per Section 6 (3) of the RTI Act public information officers in district headquarters concerned have to receive applications under the RTI Act and forward them to the respective public authority. The State Government has entrusted the RDOs to receive RTI pleas and transfer them to the departments concerned. Legal experts say that the SIC order is against the RTI Act. “Under the RTI Act, the SIC is not authorised to issue orders like this. This can be challenged in the High Court. But at the same time, there should be provisions to deal with what is called ‘vexatious litigants’. When the Central Information Commission convened a meeting of all the SICs last month, it was proposed to bring an amendment to deal with those who overuse the RTI Act. But in this case, the argument that the person is a vexatious litigant cannot be raised as an alibi to justify this unlawful order,” said advocate D.B.Binu. He said that the SIC can only implement the Act and cannot meddle with its provisions. “Even courts cannot act against the provisions of a piece of legislation. This order should be opposed as it will have an impact on the positive use of RTI Act,” said advocate M.R.Hariraj. When contacted, State Chief Information Commissioner Palat Mohandas was more scathing in his remarks against Ravindran. “He has become a nuisance. He doesn’t know anything about the RTI Act though he acts as an apostle of it. Who is he to dictate terms to us?”, said Mohandas. Asked about the order, he said that he can comment on it only after checking it. B F Firos KOCHI: Sunday November 11 2007 Newindpress.com
  8. I had a very bad experience Tamilnadu State Information Commission. 1. I asked HR&CE PIO to provide the details avaiable from the record maintained for the past 20 years. SIC told me that applicant can’t ask for the details which are 20 year old. Based on this question, it can be directly rejected…. Is there any section in the RTI which gives such power to SIC to reject my RTI? 2. The PIO had given the information in the plain paper (hand written) i.e. without any signature / government seal. I told to SIC…the hand written document without signature is not acceptable. Such relay is legally not acceptable; I further told… I can’t use these documents for litigation purpose. For this SIC replied.. There is no provision in the RTI to ask for the document with signature. Please guide me on this. Without signature I will not be able to file litigation 3. Incase if I am not satisfied with SIC answer, to whom should I approach? 4. When I complained about the denial information for few of my basic questions like... Number of employees, qualification of the trustees… SIC replied…PIO can only provide the information which is available with him. PIO can’t do the research for our questions… All my questions comes under section 4… Still he replied in this manner. How do I proceed further on this?
  9. I need the details of the Income Tax submitted by the charity registered in the varansi (UP). I have filed an RTI to Income Tax dept. But I have not yet received any information. Please let me know the procedure. YFI: I couldn't find the details of PIO for charity related quires.. in UP official website....
  10. M.P., Bihar, Punjab, Uttarakhand, Delhi, J & K, UP, Rajasthan, Jharkhand, Karnataka, Kerala, Himachal Pradesh have implemented Public Service Guarantee Act to guarantee time-bound delivery of services govt offices. Such a law of Central Govt is pending with Standing Committee of Parliament. These State Acts guarantee as a matter of right to get delivery of govt services in a time bound method by citizens or else concerned employee is penalized for per day delay beyond stipulated time limit. The citizen is also entitled to compensation in some states. I am sure State Information Commissions [sIC] being State entities should be within purview of this act. If this is so, RTI applicants should invoke this act to get decisions from SICs in a time frame declared under this act. I am trying to study some of these State Acts. I am requesting our members to explore this possibility in their states, where appeals/complaints are lingering with SIC for long time. State Acts would be on website of State Govt or can be googled. Feed back and experience of members will be useful to other members also
  11. Atul Patankar

    IC elections to get transparent

    As reported by Priyal Dave at afternoondc.in on October 13, 2010 A committee will be soon formed to oversee the appointment Here’s some good news that will definitely bring smile to the faces of the Right To Information (RTI) activists. Persistent efforts of the activists across the state to get a transparent selection procedure for the Information Commissioner (IC), a committee comprising people from the state, judiciary and activists themselves is likely to be formed soon. The General Administration Department (GAD) in its communication to social activist Anna Hazare had asked him to set up guidelines that will help in the transparent selection of the IC as well as lay down the manner in which the IC is supposed to discharge his/her duty. Confirming the same Anna’s aide, Anil Sharma, explained, “We have asked the GAD to come up with a committee, which involves people who have knowledge of law as well as RTI, so that guidelines formed by the committee do not have any discrepancies and are not interpreted in any way other than the way they have been formed.” Anna has proposed that Activist Arvind Kejriwal and Vinita Deshmukh, Secretary Law, Secretary GAD, Chief Secretary and Hazare himself should constitute the committee, though a formal government order on the same is yet awaited. Meanwhile, RTI activist Krishnaraj Rao, who is on an indefinite hunger strike until the state gives up in going ahead with the unfair appointment of Vilas Patil as the new Chief Information Commissioner of Maharashtra is back in the city. Rao has been on the strike for a week now. Anna along with other activists will be meeting Governor K. Sankaranarayanan, today, at Ralegan Siddhi to deter him from giving his approval for the appointment of Vilas Patil as the new CIC
  12. AyazMughal

    J&K RTI Act: an eye-wash

    Ayaz Mughal The corruption as assumed by the people is mono-faced and limited to taking bribe. But the fact is that it has a multi-dimensional connotation which enfolds delay in disposal of even primary issues, dereliction of duties, miasmic administration of justice, sometimes unjustified decisions, encouraging caste-based politics and community considerations, misusing powers for ulterior motives and above frequently notable anarchy of work culture, accountability and transparency in regard to the public affairs. The politicians, the bureaucrats and the government officials at the gross-root level are, somewhere responsible for the eruption of this obnoxious pestilence of corruption and if we have a deep insight into the state of our affairs, we will be shocked to find this deadly disease seeped into the blood of the entire civil society in general and India in particular. Black money has become the symbol & fashion of high society bureaucrats and politicians which has rendered a irreparable set back to the economy of our country leaving more than 20 crores people of nation thriving on left-over crumbs and many of them starving every day. Our society is marked by the complete moral and ethical degradation and scathing erosion of human values. Under such circumstances the poor public is bound to pin its hopes and repose its confidence in the Government that has been formed by the dint of their votes. And the govt. is not genuinely serous about it. Where will the public go and beat its head, the matter is of great concern. Non administration of justice to the public even from the spacious corridors of absolute powers is the most likely to snowball into a great confusion and chaos in the system with the bigger amount of adverse impact on the Government. Our democratic age of our country is 60 years and as old is our J&KState too. But it is the time for us all to introspect and see whether it is the same country which our national stalwarts like Gandhi, Patel, Azad and others had dreamt of. Could we take proper care of values and culture these great souls had entrusted to us after the appearance of a new sun on the on the horizon of free India? Could our leader design their lives on the patterns of their political ancestors? Is our country really an abode of peace and harmony, justice and honesty? Our country has been rated as rated as in topmost corruption countries of the world and even worse is the plight our state. The Governments come after every spell for six years with revised promises but set an example of the same routine negligence doing nothing meaningful. Till yesterday we were exploited by the British imperialism and today we are being subjected to the tortures of our own people. For a common person it is all the same. The Black and White Governments are simply the two sides of the same coin with not even bit of difference in between. Actually in our country and State the concept of national politics has dwindled into the motive of money and power politics. Our leaders want make their generations comfortable in a single stroke of power since they are quite diffident about future in view of their quivering sensibilities. After all what steps have been taken so far to stem the over burgeoning tide of rampant corruption? What and if have initiated something to check, have we ever been serious about the results? Do we really want to make ours a corruption-free state? A host of questions crop up in a fertile mind but with no suitable at all. The character of our state is being called in question. Merely framing laws, publishing them in the government gazettes and delivering impressive speeches do not make any positive difference to the society at all. It is right time for implementation and enforcement of laws in letter and spirit. Strengthening confidence in the masses is the matter of great concern for the coalition government who is surviving under the shades of very tough opposition and our leaders will have to practically prove that they are not play foul with their public. The J&K Right to Information Act, 2009 came into force on 20 March 2009, repealing and replacing the erstwhile J&K Right to Information Act, 2004 and the J&K Right to Information (Amendment) Act, 2008. The Act is based closely at par with Central RTI Act of 2005. With the advent of RTI, a ray of hope emerged among the masses but the point to be noted is that a major chunk of our population is not at all aware of what this RTI is about and majority of those who understand its objectives do not have much courage to come forward for their certain vested interests. Actually The RTI legislation took a big amount of time reach its final stage after surpassing many hurdles and threadbare discussions. The delay in its finalization speaks the language of some of our selfish leaders and holds a mirror to their intentions. RTI is basically an instrument to strengthen the voice of people and ensure the fair and frank functioning of the state-craft. It was an attempt to invigorate the people's democracy. This Act empowers a citizen to have a check on the activities of the Government and examine the government records, take stock of the performance of the administration and play a vital role in providing corruption-free atmosphere in the state and transparent functioning of the government but unfortunately nothing of the sort has happened till now. It will not be out of place to call it merely an eye-wash and a foul play with the innocent public of this state. Isn't that the government feels helpless in implementing the law. Coalition government headed by Omar Abdullah is feeling the political pressure from the infected elements of the society who are presently enjoying the impunity under all circumstances. All promises, initially, made by the state government regarding its immediate implementation have ended in a smoke with no tangible results at all for the reasons best known to them. One more question which has been striking the understanding minds in relation to the appointment of the Chief Information Commissioner. Obviously the Chief Information Commissioner has to an absolute authority in the state that has to work fairly and fearlessly. He will is bound to be as independent in the conduct of inquiry proceedings as the Chief Electoral Officer. But the Govt. has, till now, failed to fill up this vacancy for the reasons best known to it. Government's intention to have an Information Commissioner from within the state may be one of the reasons behind this abnormal delay. Government may be afraid of the disclosure of most of the political and bureaucratic dons involved in corruption and that is why some one from outside the state is being imported for this positions. It is because the most the officers from out side the have happened to a little headstrong in formulating the procedures. It somewhere sounds about the diffidence and guilty intention of our Govt. The most discouraging part of RTI act is that people have to shell out for the RTI application and for photocopying documents. The information seeker should necessarily be J&K state subject and has to pay a fee of Rs. 50 along with application on prescribed form which is too high as compared to that of Central RTI Act. Central RTI act charges Rs. 10 for the same. Again to get the copies of the government records, the state subject has to pay Rs. 10 per copy of A-4 or A-3 size paper while under Central RTI Act, the prescribed fee is only Rs 2. If a citizen requires information loaded on a diskette or a floppy, he or she has to pay Rs 75. The fee for such kind of job under Central RTI Act is only Rs. 50. It indicates insincerity of Govt. in regard to the implementation of this Act. It is inferred that coalition government headed by Omar Abdullah utterly fails to seek and appoint an Information Commissioner despite lapse of a significant amount of time. Despite advice by CIC Govt. of India Wajahad Habibullah, the structure of High fee has not been reduced which proves beyond a shadow of doubt that the present coalition government is least interested in receiving complaints from its people. In my opinion RTI Act 2009 will meet the same fate as that of State Accountability Commission (SAC) which at presents is like dead horse or tooth less tiger. Moreover, the tall claim of government that reply to an RTI application has to be made within 30 days but it takes more than two months as a whole when found in practice. If our Govt. is really serious about creating an atmosphere of transparency, work-culture and accountability conducive to the birth of a corruption free state ensuring the proper administration of justice, it is right time to give a practical shape to the pre-election manifesto of promises and enforce RTI Act with immediate effect. The forthwith implementation of this Act, in letter and spirit, will work a lot in giving a positive dimension to the Govt. functioning. The mode of payment should be made more convenient and the information and official records should be digitized and uploaded on websites. It will not only save time of the people and the officials but is likely to leave constructive impact on the functioning of our Govt. Online acceptance and replying of applications, updating the status of application may prove to be successful in weeding out the corrupt practices in the society. email: xxx@yyy.zzz - Deleted email id - posting against forum rules
  13. RTI activist seeks Governor's intervention in Tripura SIC functioning as reported in NewKerala.com (UNI) 02 June 2010 Agartala, Jun 02 : Former Member of Tripura Legislative Assembly and frontline Right to Information activist Tapas Dey has sought the Governor's intervention in the functioning of the State Information Commission (SIC). Addressing a letter to Tripura Governor Dr DY Patil, Mr Dey alleged that the SIC had been functioning with only one member, who was appointed as Chief Information Commissioner, which was gross violation of Provision 15(2) of Right to Information Act 2005. He said the state government had constituted a two-member SIC in 2006 but the state information commissioner had retired a few months ago and the commission had been functioning with a single member. ''As per RTI Act, State Information Commission shall consist of Chief Information Commissioner and State Information Commissioner, for not more than ten years, and unless there is a Chief Information Commissioner and at least one State Information Commissioner any function whatsoever cannot be done as the State Information Commission. However, in case of Tripura one member of the SIC was passing judgment, which is against the spirit and practice of the Act,'' Mr Dey underlined. He also pointed out that all the orders as passed by the CIC in the name of the State Information Commission were without jurisdiction and null in the eye of law, in absence of any provision contrary thereto. RTI activist seeks Governor's intervention in Tripura SIC functionin .:. newkerala.com Online News - 119359
  14. 1.49 lakh petitions under RTI Act disposed as reported by Staff Reporter in The Hindu, Jun 01, 2010 Highest by any State Information Commission since 2006 State Information Commissioner G.Ramakrishnan (left) conducting an inquiry on appeals of public under the Right to Information Act at Tirupur Collectorate on Monday. – Tirupur: The Tamil Nadu Information Commission (TNIC) has disposed of around 1,49,000 applications filed by petitioners under the Right to Information (RTI) Act which is so far the highest by any State Information Commission since 2006, according to TN-SIC Commssioner G. Ramakrishnan. “Of the total disposal, about 12,000 petitions were disposed of through special sittings conducted at various places across the State,” he said. He told this to reporters on the sidelines of the special sitting arranged by the Commission to dispose of the appeal petitions received from Tirupur, Coimbatore, Erode, Salem and Krishnagiri districts, here on Monday. Mr. Ramakrishnan said that about 17,000 appeals filed by RTI activists were pending with the State Information Commission at the moment. According to him, TNIC has served show-causes on about 3,000 people either for their failure to properly respond to the queries asked by the public under RTI Act, 2005, or for intimidating the petitioners during the last four years. A total of 15 appeal petitions were reviewed by Mr. Ramakrishnan during the sitting held at Tirupur Collectorate on Monday. Citing the petition of one V. Ravi that Periyar University of Distant Education did not furnish the copy of answer sheets as claimed by him to analyse why he failed in a paper in the post graduate examination, Mr. Ramakrishnan clarified that answer papers valued by any examination body could be subjected to scrutiny under RTI Act. “I have given direction to the varsity to give Photostat copy of the answer sheets which the petitioner wanted as the university was under the impression that such things did not fall under the purview of RTI Act,” he said. Mr. Ramakrishnan made a general appeal to the public to make the queries filed under the RTI more specific instead of being generic in nature. The Hindu : Tamil Nadu News : 1.49 lakh petitions under RTI Act disposed
  15. We do have a wonderful Act, lot of sincere Actiovists; but inactive State Information Commissions. The condition in Kerala is pathetic. The SIC has a perfect infrastructure with 4 Commissioners including its chief, an army of staff and excellent centrally aircomditioned office etc. Second appeal/complaints dating back March 2005 still remain unacknowledged. Even my 25 cases are pending with them. . A prompt feed back does not make any effect on them. They do not hold any hearing outside their HQs. The list is too long. Can you kindly advice as to my further cource of action ?
  16. Atul Patankar

    SIC gets on with the job well

    As reported at timesofindia.indiatimes.com on 30 May 2009 LUCKNOW: When it comes to disposal of cases State Information Commission (SIC) has done a better job than Central Information Commission (CIC). According to the information provided by SIC, CIC got 10,274 cases in 2007. Out of which it disposed off 6,979 cases. On the other hand, SIC got 14,565 cases in 2008 and it disposed off 10,285 cases in the year. The percentage of disposal at CIC was 68 whereas for SIC it was 70.61. The number of cases filed at State Information Commission is going up with each passing year. The cases coming to the commission are mostly complaints that are filed under section 18 of the Right to Information (RTI) Act. The reason behind the increase in number of complaints is two fold. There is an increase in awareness among people regarding the RTI Act. Secondly, the appeals filed with the appellate authorities of government departments are not getting due hearing and attention. As a result, complainants are approaching the commission. The commission has released the total number of cases filed up at the commission for three years separately. The commission was set up on March 22, 2006. Maximum number of cases per month, 2,669 have been filed in 2008. But maximum per cent (87%) of cases were disposed off in 2007 Source: SIC gets on with the job well - Lucknow - Cities - The Times of India
  17. Atul Patankar

    Misuse of RTI Act detected

    As reported by Reema Narendran at www.expressbuzz.com on 14 May 2009 THIRUVANANTHAPURAM: The Public Information Office (PIO) at the Kerala State Council for Science, Technology and Environment (KSCSTE), which has been making a mockery of the Right to Information (RTI) Act, is getting a taste of its own medicine. The PIO at KSCSTE has received letters stamped with Rs 10 court fee stamps, but with signatures that are forged and addresses that are incorrect. It was on May 4 that the office first received a series of questions on the Young Investigators Programme in Biotechnology (YIPB) of the Kerala Biotechnology Commission from one N. Jayakrishnan residing at `Vyshnavam,’ Vattavila in Thirumala. However, this Jayakrishnan, who is also the purchase officer at Rajiv Gandhi Centre for Biotechnology, has denied any knowledge of this letter. ``I have not asked for any information nor do I know anything about the issues related to the YIPB programme,’’ Jayakrishnan told Expresso. ``The signature is almost like mine, but I never signed this document. My old signature is available at the Council. Somebody must have copied it,’’ he said. Copying somebody else’s signature, that too on a paper stamped with Rs 10 court fee stamp, amounts to fraud, the fraudster can thank the stars that the Right to Information Act is silent on this. ``In such cases, when the person denies having sent a letter, the request should be automatically terminated,’’ said State Chief Information Commissioner Palat Mohandas. Sources at the KSCSTE allege that the letter was sent just to harass a top official who had been attempting to set the records straight at the KSCSTE. The very specific nature of the questions in the letter also points to the possibility of the forged letter being an inside job. The address is almost the same as that of Jayakrishnan, but he denies having a residents’ association number. ``There is a slight change in the T.C. number and I don’t have a VPS number as shown in the letter,’’ said Jayakrishnan. The letter has a VPS number of 318-A and the T.C. Number as 19/304 (2). An office where genuine questions never get a genuine reply, the PIO had become notorious for kicking the public from one office to another when they ask for information. ``Ask them about the Science Congress, they would ask you to contact the Tropical Botanic Garden and Research Institute, an organisation the KSCSTE had deputed for the conduct of the Congress. Ask them about the CESS director’s qualifications, they would send you to CESS. When you contact the CESS for the same, they would say it is available only at the KSCSTE,’’ said sources. Even the appellate authority is an expert at the `Passing the parcel’ game, with the public never getting any satisfactory replies even after waiting for months together. The Kerala State Information Commissioners’ Office has also received a number of complaints as to the functioning of the KSCSTE PIO. Source: http://www.expressbuzz.com/edition/story.aspx?Title=Misuse+of+RTI+Act+detected&artid=QZlwc5tHeag=&SectionID=lMx/b5mt1kU=&MainSectionID=lMx/b5mt1kU=&SEO=KSCSTE,+Palat+Mohandas.&SectionName=tm2kh5uDhixGlQvAG42A/07OVZOOEmts
  18. As reported at www.hindu.com on 20 March 2009. Mumbai (PTI): With over 4.16 lakh applications received under the Right to Information (RTI), Maharashtra has become the first state to receive four lakh plus queries under RTI, more than the number in countries like Britain and Mexico. "Maharashtra received 4,16,090 applications under RTI last year, whereas in Britain 60,000 queries and in Mexico 94,000 queries were filed under the RTI," a report released by the State Information Commission said. The state implemented the Act from October 2005 before the Centre promulgated it. The Act became so popular that the state got 1,23,000 queries in 2006, and the number went to 3,16,000 in 2007, the report said. Elaborating on the applications received by various state Government departments, the report quoted the department of Urban Development has received the highest number of questions (1,04,766) followed by Revenue Department (70,419) Home Department (45,363) and the least applications in Forest Department (9,676). The Government replied to 3,97,662 applications last year. The Government has also collected Rs 76.67 lakh as the application fee. No fee is charged for applicants below poverty line, it said. Source: The Hindu News Update Service
  19. Atul Patankar

    It’s our right to information

    As reported at www.expressbuzz.com on 27 February, 2009 There is too little of sustained pressure from citizen groups on our rulers to explain what they are up to. We say this on the occasion of a victory for public accountability flowing from a petition by this newspaper to Karnataka’s appellate authority for enforcing the national Right to Information (RTI) Act. As we reported recently, the Karnataka Information Commission (KIC), the said body, has directed the state government to ensure that all Cabinet decisions are to be made public, and the records of such meetings are to be properly preserved. The state government had declined to give any details of such decisions, and the first level of appeal specified in the RTI, within the bureaucracy, had said such disclosure wasn’t possible. Reminders that the Union government puts out all such decisions by its Cabinet on a website were of no avail. What saved the day for common sense and accountability was that the KIC is an independent body and decided this stand of the state government was nonsense. And our query is how the government was able to get away, for all these decades and regardless of which party was elected to power, with such denial of basic accountability. The answer should be clear to all of us — there was no pressure from electors to do otherwise. Note, for instance, that Karnataka’s ruling party is governing the state on its own for the first time ever and still new in office; they’ve taken no time at all to pick up the habits of an oligarchic ruling class. And they are not unique at all; it is hard to find any of the 30-odd governments in India, past or present, Union or state, whether run by parties of the left, centre or right, pro-Dalit or otherwise, which exuded or exudes a different culture when in power. Since it is we, the citizens, who both elect them and also need this information, the responsibility for such a state of affairs should be pondered by each of us. Why would those in power explain what they are doing and why, if there is no imperative on them to do so? The culture of joining hands to exchange information on institutions and rules, and on what reforms these need, is still to take deep root in our country, despite all these decades of formal democracy. Why not begin, each of us, by applying under the RTI on local matters? Source: http://www.expressbuzz.com/edition/story.aspx?Title=It%E2%80%99s+our+right+to+information&artid=SGnJ2Y0D/II=&SectionID=RRQemgLywPI=&MainSectionID=RRQemgLywPI=&SEO=KIC,+RTI&SectionName=XQcp6iFoWTvPHj2dDBzTNA==
  20. As reported by Rahul Mangaonkar of TNN on 19 March 2008: Welcome When will this man wake up and act? State govt’s dithering on GIC staff robbing RTI Act of teeth Ahmedabad: The Right to Information (RTI) Act has its origin in the need for survival of the people and their fundamental rights. But the Gujarat Information Commission (GIC), whose job is to enforce the Act, finds its own survival in question with no staff being allocated by the state government six months after it was sanctioned and a backlog of a whopping 3,665 cases to dispose. This had prompted RTI activists, led by Magsaysay award winner Arvind Kejriwal of Parivartan and Nikhil Dey of Majdoor Kisan Shakti Sangathan, to take on the state government at a seminar on RTI here on Monday. They said they are ready to offer their services to run GIC at a token fee of Re 1. Activists are peeved at the way the state’s general administration department and the administrative reforms and training department (ARTD) under it, responsible for allotment of staff to GIC, have failed to act. TOI had earlier reported how in September last year, the chief minister’s office (CMO) sanctioned the appointment of 35 additional staff for GIC, which started in 2005. Against a total sanctioned strength of 46, the GIC is functioning with just 11, which includes peons and drivers. And, the man who could have given GIC the teeth, PK Gera, an IAS officer of 1985 batch, has not shown any willingness to ensure that his department allocates the people. Gera should know, having served at the Central Information Commission in Delhi. However, all that Gera has to say is that “it is GAD that is not allotting the staff.” Gera says these staff could be allotted once the two new commissioners are appointed, activists point out that these commissioners too are part of the same GIC. “The 35 additional staff sanctioned are for the new commissioners. Let them take charge and staff will follow,” Gera insists. “The staff crunch has only emboldened those officers who do not wish to comply with the RTI regime as they feel that the system has no teeth,” said Kejriwal. CAUGHT NAPPING: TOI photographer found administrative reforms and training division secretary P K Gera sleeping while citizens narrated their RTI experiences at a seminar in Ahmedabad on Monday
  21. As reported by Mahak Jain on ndtv.com on 22 March 2008: NDTV.com: Pune fast tracks pending RTI petitions Pune fast tracks pending RTI petitions There are 3700 cases pertaining to Right to Information Act pending with Maharashtra's Pune Division alone. Delays that threaten to derail the democratic process, but Pune is attempting to fast track this right. Minajuddin Qazi taught in an Urdu school in Solapur for ten years when his job was terminated for no apparent reason. Qazi filed an RTI application in June 2006, but didn't help bringing justice soon. But now to justice has been fast-track where there's a public forum in Pune where members of the public get to meet the information officers at a two-month-long Special Appeals Disposable Program. Vijay Kuwalekar, Information Commissioner said, ''We organised this programme because 3000 appeals were pending. The backlog sets a bad precedent.'' So in true letter and spirit of the RTI Act, 300 appeals were disposed of in just two days. Something will cut down on justice disposal time for each appeal from a year to just four months. The program a little idealistic but if successful will not set an example for other information commissioners and save the true meaning of RTI Act itself.
  22. bhushan

    Sic

    Title - SIC, Maharashtra Hello, I'm an activist from mumbai. I need some info to argue in SIC, Mah.
  23. Tekuru

    Appeal to SIC/CIC

    A citizen filed an application with central public authority and failed to get satisfactory reply from CPIO in a state can appeal to SIC in a state or to CIC directly.Please clarify
  24. Info commissioner ticks off RTI activists as reported by Ashutosh Shukla, October 25, 2008 DNA He did not allow them to scrutinise commission’s files The State Information Commission (SIC) is the authority that is expected to ensure that the Right to Information (RTI) Act, 2005, is followed in letter and spirit. However, on Friday, in the first-ever inspection of its own files by a bunch of RTI activists, SIC came up a cropper. As per the RTI Act, any citizen can demand for a personal scrutiny of files under Sec 4 of the Act, and no public authority — not even the SIC — can deny inspection. State information commissioner S Joshi told the activists that his office was busy and hence could not allow the inspection to take place. When activists requested for inspection of a fraction of what they actually wanted to inspect, Joshi said that they would be entertained only after Diwali. The activists, including Krishnaraj Rao, Gaurang Vohra, IK Chhugani, Mohammed Afzal and Sundeep Jalan, were prompted to conduct an inspection of the SIC files, after hearing the travails of Nagendra Pandey, a slumdweller from Shivajinagar, Malad (E). Pandey sought information of the last time his slum society conducted elections, its present members and a list of people living in his slum, which was to undergo redevelopment under the Slum Rehabilitation Authority (SRA) scheme. Pandey filed an RTI in November 2006 with the deputy registrar and later with the appellate authority, but did not get any reply to either. “After a year, I got a date with the information commissioner in July 2008. He gave an extension of 30 days to public information officer (PIO) and now almost three months later, I still have no information. The PIO too was not fined,” he said. Pressed with an urge to check if the authority was indeed doing its job and appeals showed any positive results, the activists decided to check on the disposal of the RTI appeals and orders passed on them from January to September 2008 on Friday. In the meeting, Joshi, on Pandey’s issue, said, “If the person was not satisfied, he can move court.” “Any PIO who does not provide information should cite reasons or be fined. They are given undue and unlawful leniency. Timeliness and penalty are the teeth of the Act,” he said. Rao countered, “The commission cannot pass the buck of safeguarding RTI to the court. By this attitude, the SIC is also devaluing the sanctity of the Act.” DNA - Mumbai - Info commissioner ticks off RTI activists - Daily News & Analysis
  25. As reported by Viju B of TNN in timesofindia.indiatimes.com on 22 August 2008: Filing an RTI query? Be prepared to wait -Mumbai-Cities-The Times of India Filing an RTI query? Be prepared to wait MUMBAI: The UPA government last week proposed an initiative to convert a phone call into an RTI application in order to spread the movement across the country. Ironically, the state where the RTI movement has been a runaway success may soon be rendered ineffective as the number of pending appeals has reached an all-time high. The six information commissions across Maharashtra have a whopping 16,866 appeals pending till June this year. While the information commissions had received a total 26,870 appeals, the commissions had disposed of 9,914 appeals till June this year. An applicant is often forced to file a second appeal with the State Information Commission (SIC) after both the RTI query and the first appeal fail to provide the exact information the applicant had sought. Last year, over 3 lakh RTI queries were filed across the state, but the number of appeals mounted as months progressed. Mumbai alone has 4,818 appeals pending till June this year. RTI activists said all six information commissioners should dispose of appeals at a faster pace if the Act has to survive in the long run. "Appeals that have been filed one-and-a-half-years ago are still pending with the commission. At this rate, by the end of 2009, the pendency will be over three years old,'' said RTI activist Shailesh Gandhi. In 2007, the commissioners had disposed of 3,600 appeals and complaints and, on an average, disposed of about 900 appeals per commissioner per year. "The pendency can be reduced effectively by reducing the inflow of second appeals and complaints, and secondly by increasing the rate disposals,'' Gandhi said. A comparison with the disposal of cases with the Bombay high court judges and the information commissioners show that while each high court judge disposed of on an average 2,530 cases annually, the information commissioner on an average disposed of 899 appeals last year. Activists said the commissions could reduce the number of appeals considerably if they were more severe on penalties. "The public information office (PIO) and appellate authority today do not care to provide information as they know that they will not be pulled up,'' said Bhaskar Prabhu of Mahaadikar . Meanwhile, officials at the SIC said they are heavily understaffed and till date, their pleas to appoint a law officer and registrar have not been considered. "Many appeals could have been cleared at the level of the appellate authority, but they refuse to provide information on frivolous grounds,'' the SIC official said. On Friday, a group of RTI activists are planning to submit a memorandum to the SIC and request the commission to reduce the pendency of cases to 90 days.
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