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  1. ashakantasharma

    Timebound Justice

    Timebound Justice AUGUST 30, 2017 BY SHAILESH GANDHI Presently there is considerable focus being paid to the Judicial accountability and Judicial appointments bills. These are necessary but do they address the biggest problem of the judicial system? The biggest problem of our judicial system is that it does not deliver in any reasonable time. Consequently over 80% of Indians will not approach the courts, unless they are trapped by the system. If a poor man is implicated in a civil or criminal case he is unwillingly trapped, since there is no time limit for the judicial system. The respect for rule of law has almost disappeared since the powerful can ensure that they will never have to pay for their crimes, even if they are caught. The Chief Justice has rightly refused to fast track only cases against MPs, since it effectively means pushing the others back in the queue. The Supreme Court needs to make a commitment on how it would deliver timebound justice and what would be required for this. I decided to take a look at the issue by doing some number crunching with the objective of trying to estimate the number of judges required. Data has been taken from the Supreme Court website for twelve quarters from July 2009 to June 2012. I noted the new cases Instituted in each quarter, disposal and the pending cases in the Supreme Court, High Court and the District & Subordinate Courts. Using simple arithmetic it is possible to get the number of months’ pendency. I have calculated for each quarter, and in no case did the backlog appear to be over 36 months. The average pendency for the Supreme Court, High Court and the District & Subordinate Courts for the period July 2009 to June 2012 comes to 9 months 30 months and 19 months respectively. The legal profession is aghast when one talks about measuring such numbers, on the ground that the differences in cases is vast. However, over a large number of courts and cases, the large variations due to different cases would even out and can be used to compare or find possible solutions. Besides the evaluation is based on 12 quarters over three years, and appears to show some consistency as revealed in the graphs. This appears to indicate that if the principle of ‘First In First Out’ (FIFO) could be strictly followed, this may be the time for a case to go through the Courts. This would not be feasible completely, but there can be no justification for many cases taking more than double the average time in the Courts. The Courts should lay down a discipline that almost no case could be allowed to languish for more than double the average time taken for disposals. Presently the listing of cases is being done by the judges, and no human being can really do this exercise rationally, given the mass of data. It would be sensible to devise a fair criterion and incorporate this in computer software, which would list the cases and also give the dates for adjournments based on a predetermined rational basis. This would result in removing much of the arbitrariness, and also reduce the power of some lawyers to hasten or delay cases as per their will. If this was done, the maximum time at the three Courts would be 18 months, 60 months and 38 months. The average vacancies in the three levels are 15% for the Supreme Court, 30% for the High Courts and over 20% for the lower courts. When citizens are suffering acutely because of the huge delays in the judicial system, there can be no justification for such high levels of sanctioned positions being vacant. The dates of retirement of judges are known in advance and hence the vacancies are largely because of neglect. After filling the vacancies, if the Courts stick to their avowed judgments to allow adjournments rarely, it should certainly be possible to increase the disposals by at least 20%. If Courts basically follow the principle of dealing with cases primarily on a FIFO basis, the judiciary could deliver in a reasonable time. My suggestions based on the above are given below: Main suggestions: 1. Courts must accept the discipline that over 95% of the cases will be settled in less than double the average pendency. Then, reasonable equity could be provided to citizens, and Article 14 actualized in the Courts. 2. The listing of cases should be done by a computer program, with judges having the discretion to override it in only 5% cases. Secondary suggestions: 1. Vacancies in the sanctioned strength of judges should be less than 5%. 2. Adjournments should be rare and maximum number fixed by a computer. Even when an adjournment is given the next date should be given by the computer program. 3. A calculation could be done to see the number of judges required to bring the average pendency in all Courts to less than one year. Most probably an increase of about 20% judges in the High Courts and lower judiciary could bring down the average pendency to less than a year. 4. Disposal per judge and Court along with data of pending cases giving details of the periods since Institution should be displayed by the Courts on their websites. This would be meaningful judicial accountability. Shailesh Gandhi Former Central Information Commissioner. http://satyamevajayate.info/2017/08/30/timebound-justice/
  2. sharadphadke

    ATM failed Transactions.

    In order to withdraw some urgent money, I made one withdrawal from ATM on 18-10-2009. The first transaction failed and so I made a second try. This time, I got Rs.1000/- as demanded. The security person commented, “Your account shall be credited next day for this failed transaction.” But as a safety measure, I lodged an internet complaint for this failed transaction, took a “Print Screen” shots for complaint as well as receipt. Both this “Print Screen” shots helped me in all this failed transaction. On 1-12-09 while my pass book was updated I found there is no credit for Rs. 1000/- for failed transaction and since I was in bank, I made enquiries and I was told to lodge a second complaint. Accordingly second complaint was lodged on that day. On 1-1-2010 while updating my pass book I noticed, there is still no credit. On enquiries, I was told it takes about a month or some time more. But still visit 3rd floor and check in ATM section. The matter was left there only. This is the first part of the story, second part started on 6-1-2010 evening when I was visiting RBI web page to find Singapore $ rate. I found a link for common persons, where in there were many notifications and my eye caught a notification dated 17-7-2009 for ATM reconciliation. I downloaded the pdf. The link to this page is: Reserve Bank of India On reading this pdf I was rather shocked! It had stated, if the complaint is not solved within 12 working days, I was to be given Rs. 100/- per day as compensation. On next day, i.e. on 7-1-10, I took the print out of this notification and visited my bank at around 2 PM and showed it to the branch manager. The effect was very surprising and he promised to look in the matter and my residence received a call from bank staff that my account has been credited with Rs. 1000/- at around 5 PM. The message was also kept to call bank next day. I had high-lighted the condition of Rs. 100/- per day with high light marker. The Manager, Chief Manager and staff member started pleading some of the member from the branch shall be punished and he (Chief Manager) shall look in the matter and find the way. There was no action on his part for other 10 or more days. Since this being a very major issue, in the mean time I contacted an advocate and asked if a public interest litigation can be filed in High Court and get the order for all banks to act on this rule and give the compensation. He confirmed that this can be done but there has to be some evidence from different banks as they are also not following this rule. Hence he dictated an application under RTI and asked me to visit 2 days later to collect print out. That day he refused to take the case on the ground of time and refused to give the draft also. I thought of trying it my self and made application to: 1) Bank of Maharashtra, as the H.O. was in Pune where I stay. 2) Bank of Baroda, their Regional Office. 3) Dena Bank, in there Regional Office. 4) ICICI as they have ‘n number of ATM centers. 5) IDBI bank Mumbai. 6) Bank of India, Mumbai as my bank. These banks were selected as test case and have no specific reason. A separate application to RBI was also made since it was referred in there letter that they are receiving many complaints. Questions asked to 6 banks were: 1) How many complaints were received for wrongfully debited on account of “failed ATM transactions”? 2) In how many days the wrongfully debited amount was credited to the account of customer? You may give the answer as min and max days taken. 3) Do you have any stipulated period policy to solve this type of complaint? 4) If so, what is the maximum period you have specified? 5) Do you reimburse any amount as compensation, for the delay caused in above period to the aggrieved customer? 6) If yes, what is the amount you reimburse to the aggrieved customer? And how it is calculated? 7) Do you have any system, to review this failed ATM transactions, and keep them to the Board of Directors, indicating inter alia, the quantum of compensation given to customer, reasons thereof, and action taken to avoid this delay? 8) If yes, supply me the copy of this report. In the letter to RBI the questions were asked giving the reference to the directives they have sent to banks, given on web page and are as: 1) How many complaints you received in connection of ATM failure in 2008? Give the details bank wise. 2) How many complaints you received for above reason in 2009? 3) How many complaints you have received after 17-7-2009? 4) What mechanism you have set to enforce the Payment and Settlement System Act 2007, (Act 51 of 2007)? (Section-18) 5) Is there any facility given on web site which gives the acknowledgement to the complaint via net? 6) If not why? I think answers from RBI are very funny and vague. The answer given by the Reserve Bank is as follows: 1) Information is not available with this department readily, since ATM related complaints are categorized along with credit / debit card complaints in our Complaint Tracking System. As per our records, we have received 17648 complaints relating to ATM cards, Debit cards and Credit cards during the year 2008-09. 2) – do - 3) – do – 5) The web site has no such provision 6) The information is not available with this dept. 4) Answer to my (4) was from different dept. and the answer is “For regulation of payment system, the bank lays down policies and issues directions under Section 18 of Payment and settlement systems act 2007 as and when necessary.” It also states I can appeal against this reply to so and so…. From the banks, the response is as below: 1) ICICI : We are not covered under TRI and referred CIC order dated 9-8-2007 2) IDBI : No of complaint-73700 and follows rules of RBI. Min-2 days max. 12 days, follows RBI guideline and pay 100/- p.d. Answer to Q-8 can not be given under sec. 8(1)(d) of RTI act. 3) Bank of Maharashtra : No. of complaint=40010 and follows RBI directions and “there was no such occasion of delay by card cell” Answer to Q-8 – Not applicable. 4) Bank of Baroda replied “as all information called for is maintained by corporate office and we are forwarding your application to them” 5) Dena Bank : One Branch Manager from nearer branch visited my house but house was locked and hence he kept a message requesting to call on his mobile. So far there is no reply from them so far. 6) Bank of India : There is no reply so far. I had sent one more RTI letter asking bank why my account was not credited with Rs.6500/- on 7-1-2010 along with Rs.1000/- and the account was credited 0n 25-2-2010 for Rs.6500/- The second letter was to separate Public Interest Litigation keep me away from one of beneficiary in the case. Now, I want your guidance in this case for archiving the goal on all India basis. I wish each and every one who is deprived from this compensation part should get the money. And to get it for them how do I precede with current status. Now on each and every move is important because millions and millions are involed in this case.
  3. JAMMU, Jan 31: The J&K Right to Information Act (RTI) will complete its six years of its enactment in the state after one month. As this progressive and pro-people legislation is enforced in state from last almost six years, the previous state government led by Omar Abdullah continued to take this law for granted and thus avoided the responsibilities which had been conferred upon them under the provisions of this Act. Read more at: While Omar failed, Guv wasted no time in invoking Section 4 of RTI Act in J&K - Early Times Newspaper Jammu Kashmir
  4. Bizarre it may sound, but yes, the Jammu and Kashmir Services Selection Board, JKSSB has finally admitted that it has no rule, policy procedure with regard to time limit for completion of recruitment procedure for different posts. While replying to an application under Right to Information Act of RTI activist Raman Sharma the State Recruitment Panel has stated that “no policy, rule is available in the Board”. Read at: JKSSB follows no time limit for completing recruitment procedure: RTI Reply | Kashmir Life
  5. on my rti zila basic shiksha adhikari jhansi clearify the rules of casual leave in up. any teacher can apply for 10 casual leave in one time.in a calender year employee can take 14 c.l. in special circumstances related officer can approve more cl inspite of 14. actually CL is not under any rules @ not recognised but if employee on CL , no one is going to stop or cut the salary. on this proper information thousands of teachers of U.P. got correct rules about CL.....
  6. Chief Secretary office directs all government offices in Haryana to streamline procedure to time limits as prescribed under RTI At on undersigned petitions/RTI applications. I had demanded information vide RTI application dated 5th June 2014 about implementation of Hon'ble CIC of SIC, Haryana direction in case number 1205 of 3rd March 2014 directing the Chief Secretary office of Government of Haryana, directing him to teke effective steps for streamlining the system of receipt and dispatch of RTI communication within office of public authorities in Haryana Government. Finding no implementation of Hon'ble CIC of SIC Haryana, filed Complaint under Section 18 (2) of RTI Act 2005, on which the Hon'ble Commission directed on 29th Oct 2015 to do the same and show cause notice for levying the penalty under section 20 (1) of RTI Act 2005. (Copy Enclosed). The Chief Secretary as mentioned in their file notings (enclosed) of Harinder Dhingra Vs Chief Secretary office issued a circular dated 18th Dec 2014 to all offices of Haryana to TAKE EFFECTIVE STEPS STREAMLINE THE SYSTEM OF RECEIPT AND DESPATCH OF RTI COMMUNICATION WITHIN PRESCRIBED LIMIT UNDER RTI ACT 2005. (COPY ENCLOSED) This in another step in implementing RTI Act 2005 and transparency in Haryana. This was possible due to continues effort of undersigned spread over a year in this matter. Thank You, 20150113165941877.pdf SIC_Order0001.pdf
  7. The not only SPIO and CPIO have started killing RTI ......but we are getting confusing judgments on the same issue , even commissions are not passing good quality judgments . This is certainly not good for the health of RTI in future. If we have NIC it can have a check over the judgments passed by the state commissions and cic. Each and every citizen can not approach High Court and they are not at all getting relief from commissions .​
  8. Hello sir I need help. I have applied for first appeal. Within how many days hearing should be done? If the hearing results on my favor, with in how many days PIO should give the information from the hearing date? Thanks.
  9. Two brothers, retd colonels, got 31 plots under HUDA quota Two retired Army colonels being probed as part of an investigation into allegedly fraudulent multiple allotment of plots to individuals by the Haryana Urban Development Authority (HUDA) had between them got as many as 31 plots. Karan Singh Yadav and Dharam Singh Yadav, who are brothers, were allotted these plots in various urban estates of Haryana between 1998 and 2004 (including the time they were serving), documents submitted in the Punjab & Haryana High Court show. The scam is being probed by HUDA on the orders of the court. Over 325 FIRs have been registered against beneficiaries, including 188 defence personnel, who allegedly got more than one plot in their name, or in the name of their spouse or children. The Yadavs have got an interim stay on their arrest. Read More: Two brothers, retd colonels, got 31 plots under HUDA quota | The Indian Express
  10. I had a Chevrolet Aveo UV-A car registered in Koramangala, Bangalore in Aug 2008, which was transferred to Aluva, Kerala and re-registered there in July 2012. Since then I have been pursuing the road tax refund from RTO, Koramangala. It took more than a year to organise all the required documents by RTO, Koramangla to process the refund. Finally in Jan 2014 I got an acknowledgement admitting my claim and was asked to report after two weeks. Since then I have been periodically visiting the office only to be given another date and excuse. Finally when I thought it was almost through, the officer processing it informed me that the process note indicates the requirement of the original tax paid receipt. When I had stated that it is endorsed in the RC book, they said that will not do. On meeting one of the Joint RTOs I was advised to remit a fee and collect a certificate from the concerned section that such an amount was paid on that day. This procedure took another 10 days which the clerk concerned reluctantly did, grumbling about its necessity. When I had gone to enquire about it he told me that he had a helluva time finding the old register where it was recorded. Though the certificate was ready I had to get it signed by an officer called the HQ Assistant, who at that time was not in his seat. When he had come I was given this huge register and a another book to be carried to his room, who then questioned me again on the requirement of such a certificate in a manner that sounded like I had committed a serious mistake of not preserving the original tax paid receipt. Finally the certificate was signed and I carried it happily to the section officer handling the refund only to be told that I will have to come another day. I went there again after 10 days. This time the excuse was that it will take another 10 days for process. Since my patience was wearing out I used the contacts of a friend to talk to an officer in the Office. He was kind enough to come over from another department and personally go through my file. On going through it he told be that it has been audited and the amount will be released within a week. I promptly went there after a week, but the officer concerned just glanced at me and disappeared. Again I had contacted my friend, who on enquiry with the contact at the RTO informed me that the request is pending with the Treasury and that I will be informed over phone when it will be ready. It is now nearing 6 months after the claim was admitted. Kindly let me know what procedure I should follow to air my grievance and get it redressed at the earliest.
  11. do HOME TUTORING need licence or permission from any authority or Govt. of India?
  12. I have filed an appeal before the CIC new Delhi. How long does it normally take to get a reply or decision?
  13. Hello All To the Municipal Corporation (Parks and Gardens) I had written the application under the RTI Act dated 27/03/2008, and recieved the reply dated 25/04/2008. I had filed for my 1st Appeal dated 23/05/2008 which is within 30 days from reciept of the Reply. Yesterday on 27/06/2008 I recieved a letter from the department that they had recieved my Appel Letter on 28/05/2008 and my appeal letter shall not be considered. as it has not reached them on time. my question is as i have replied within 30 days of reciept of their reply am i responsible for postal delays. my case has been going on for nearly since 1 year now with this department and every time they play some type of trick to avoid giving me information i have still 1 case pending with the state commision. Regards
  14. Dear Sir, I wanted to inspect some file notings in our State Hqrs.But concerned deptt. verbally informed that Minister-in-Charge did not like to give oppourtunity to see file notings etc, and it was forwarded for comments of Legal Advisor. The application of 10.05 .07 and tha A.A has fixed a date for hearing. I don.t know what would be his intention. Only after sending 2nd appeal , they are arranging 1st appeal hearing. That way they are delaying the process. And one problem is that I had to avail 5 Casual leaves for hearing. Is it not possible to have information without hearing and in time as per RTI Act? Abhijeet
  15. Dear friends, We may made complain to CIC/SIC not providng information by PIO but The CIC/SIC will not take any serious action on the complaint because the penalty may only be imposed on hearing the PIO. I have already faced such consequences and I recommend we may think to made complaint to CIC/SIC only after making first appeal to AA. This will provide some more fruitfull results.
  16. The international day of Right to Information (RTI) is being marked in Nepal for the first time with various programmes in the capital. Freedom Forum Nepal organised a silent rally from Baneshor to Maitighar to mark the day, which is also called the Freedom of Information day. The day – September 28 - is being celebrated as Right to Information Day throughout the world since 2002. The day has been marked after the legislature parliament passed the Right to Information Act this July which guarantees that any citizens have access to information stored in any public bodies. Around 68 countries around the world have legal provisions protecting the right to information of their citizens. nepalnews.com ia Sept 28 07
  17. ganpat1956

    Time now to enforce RTI: CIC

    JODHPUR: The effectiveness of the country's 18-month-old path-breaking transparency legislation, the Right to Information Act, came under review for two days ata workshop on RTI over the weekend in the Sun City of Jodhpur. There were complaints of lack of interest on the part of State Governments in creating the necessary infrastructure for disseminating the information under the Act but the speakers -- who included Chief Information Commissioner Wajahat Habibullah and pioneer of the movement Aruna Roy and CICs of Andhra Pradesh and Rajasthan -- hailed the new law as one of the "outstanding legislations" in the world and "unprecedented" in the country going by the public response. Even while cautioning the public against assuming that the new law would act as a "jadui chhadi" (magic wand) to solve all the problems, Mr. Habibullah conceded that enough time had been given for the system to get attuned to the provisions of the new law. "The period training has ended. Now for denial of, or for delay in, providing information there should be a serious reason; otherwise penal action will have to be initiated," he said. The time was up not for the country's adamant bureaucracy alone. "It had been a training period for all of us. Now we have to move forward and give people what is theirs by right," Mr. Habibulah said. "This is an Act the people have accepted and adopted as theirs." "No better law could have been possible to curb corruption in the country," noted Congress general secretary Ashok Gehlot, convener of Bharat Sewa Sansthan. The workshop, meant to train youth in RTI and NREGA, was the first public programme at the newly inaugurated Rajv Gandhi Sewa Sadan premises of the Bharat Sewa Sansthan. "It is for the Governments to spread awareness on the application of the legislation. A certain amount could be earmarked for educating the public on the law," Mr. Gehlot suggested. He expressed happiness over the passage of the State level Right to Information Act in 2002 when he was the Chief Minister of Rajasthan. "Unless the penalty factor is not put into use the information will not come out," said Aruna Roy, whose Rajasthan-based Mazdoor Kisan Shakti Sangathan pioneered the public movement for the law. "Punish three; three thousand will fall in line," she said. Even after the legislation many officers continued to deny information to the seekers, she noted. "We need to put pressure on the State CICs to truthfully implement the Act," she added, pointing out that the offices of the State Commissions, including that of Rajasthan were forced to function under limited resources. Ms. Roy suggested a bold stance from the CICs. "The Commissioners should not be cowed down by the Government in power," she said. Giving an update on the law and its implementation, Nikhil Dey of the MKSS said there had been "tremendous input from the people" on the Act in the first year of its being. (The Hindu, Dec.19,2006-online edition)
  18. It took the UT Education Department nearly two months to give a non-reply to an application moved under the Right to Information (RTI) Act. The question was how many children have been admitted under the weaker sections category. And the reply? “The information shall be supplied in due course of time”. The questioner was Dharamvir, Chief Coordinator, Bhim Yuva Parishad, of Sector 39-C, who had moved the application under the RTI Act on September 12. The reply came today. “After one month was over, I went to the DPI office. I was told the reply had been already sent. But the truth is that no reply was dispatched to me. After repeated attempts when I met an officer in the department, he handed me the reply. I was shocked after reading it,” said Dharmavir. In the application, Dharmavir had asked five questions: 1. How many private schools in the city have been allotted land on concessional prices. 2. As per the UT Administration, what is the quota reserved for admission to children belonging to weaker sections. 3. What are the parameters required for admitting such children in the schools, like annual income of the parents. 4. How many poor children have been given admission in how many schools. 5. List of the schools in which children belonging to poor sections have been granted admissions. Apart from the reply to the second and third question, the rest are vague. In response to the first query, the department has said the information is not available with it and should be procured from the Estate Office. “This is just evading one’s responsibility. It is clearly mentioned in Section 6 of the RTI Act that any department which doesn’t have a certain information should transfer the application to the concerned department. It is clearly visible from the reply of the DPI that no efforts were made to make a correspondence with the Estate office,” said Dharamvir. The answers to the fourth and fifth questions have been summarised in one sentence - the information will be supplied in due course of time. “What do they mean by due course of time? Are they going to take a year to maintain a record? I had just asked them about the data pertaining to this year. It’s their responsibility to maintain the data,” said Dharamvir. When contacted, DPI (S), Ashwini Kumar said: “Actually, the application was not sent under proper authority as there was some confusion. I will look into the matter.” RTI reply: ‘Information to be given in due time’
  19. State commission cracks down on information officers who delay providing information to citizens The state information commissioner recently levied a fine of Rs9,750, to be recovered from the salary of SP Sangane, divisional joint registrar, co-operative housing societies, for delaying information sought under the RTI. Tarun Ghia, a Mumbai resident, had demanded copies of the orders of appointment of chartered accountants and certified auditors to audit co-operative housing societies, on January 23, 2006. Ghia was provided the required information on April 20 — 84 days after the application. Under the Act, only 30 days to provide information is permissible and another 15 days to intimate the applicant about photocopying charges. But even after counting those days, there was still a delay of 39 days. Ghia then filed a complaint and, in the hearing before the state information commissioner, Sangane cited administrative reasons such as the ongoing assembly session, large number of appeals, urgent notices and the chief officer going on sick leave as causes of delay. State Information Commissioner Suresh Joshi, however, said the reasons did not justify a 39-day delay. In another case, Gaurang Vora sought information regarding MMRDA projects that required trees to be chopped or replanted, through the RTI Act. The information was delayed by 29 days. SR Nandargikar, superintendent engineer and engineering and information officer, MMRDA was fined Rs7,250 (Rs 250 per day of delay). “I’m quite satisfied with the action that the commissioner has taken but the need of the hour is 10 chief information commissioners in the state,” Vora said. Suresh Joshi, chief information commissioner, Maharashtra, said: “We look at the gravity of the case and then impose a fine or order departmental proceedings. If it’s a tehsildar in Gadchiroli, who has very little administrative exposure, then we are lenient and may issue a warning but if it’s a corporator in Pune or Mumbai, who is well aware of administrative responsibilities, we take stricter action.”
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