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  1. I had filed RTI Application before PIO asking for inspection of a particular file, which the PIO refused saying that the file is under submission to Government. On Appeal, FAA directed the PIO to withdraw the file temporarily and make it available for inspection within 15 days. There was no correspondence from the PIO for 15 days and when I filed Complaint with Office of Chief Information Commissioner,I learned that the PIO has filed an Appeal against the order of the FAA. What I would like to know is that Can a PIO file an Appeal against order of the FAA as that would amount to insubordination against a superior officer ? Also if PIO cannot file Appeal against order of FAA, it means PIO has disobeyed Order of the FAA. What should be my next step. Thanks in advance
  2. Happy New year to all. Sir, I would like to know that is it necessary to compliance the 'Notice For Hearing' issued by Director (Fiananc) 1st Appeallat Authority under RTI Act 2005. Where as I filled First Appeal as aggrieved by no reply of PIO within 45 days after filling my RTI application. In my application to FAA requested that the PIO may be directed to furnish information requested as available in files as possible free of cost. Surprisingly a letter has been received by me by directing me to appear before (Finance)on 04.01.2018 at 3 PM. Therefore in such circumstances should I attend the hearing as already in my application requested No personal Presence at hearing. Is there any law on such situations. Please help me out. Thanks
  3. rtipatrol

    CCTV footage and IT Act

    Sir, Inresponse to RTI application seeking CCTV footage at Tehsildar's office,PIO has stated that CCTV footage contains images and data of third party people present at Taluk Office.Above all he has stated that Information Technology Act has prohibited the sharing of CCTV footage
  4. rajrathodbvn

    Ex pio as third party

    हेल्लो दोस्तों ! मैं गुजरात से हूँ और स्टेट गवर्मेंट का एम्प्लोयी हूँ ! मेरी पोस्ट के दौरान एक आर.टी.आई. एक्टिविस्ट ने मेरी फर्ज रूकावट की ! हमने उसके खिलाफ पुलिस में कम्प्लेंट किया तो उसने मुझे और मेरे सह कर्मचारियो को बदनाम करने के लिये एक न्यूज़ चैनल में हमें बदनाम किया ! उसने जो भी इन्टरव्यू में कहा वो सब गलत है ! उसने हमारी मानहानि की तो हमने कोर्ट में उसके खिलाफ IPC 499, 500 के तहत केस किया ! दोनों केस में कोर्ट ने प्रथम दर्शनीय केस सही लगने के बाद उसके खिलाफ समन्स इस्स्यु किया है ! अभी दोनों केस कोर्ट में है ! इसी प्रोसेस के दौरान हमारी दूसरी जगह ट्रांसफर हो गई है जो की एक सामान्य प्रोसेस है ! अब वो आर.टी.आई.एक्टिविस्ट हमारी पूर्व कचेरी में आर.टी.आई. एप्लीकेशन करके कुछ हमारे रिलेटेड इन्फोर्मेशन पाना चाहता है ! हमने PIO को त्राहित पक्षकार के तहत एप्लीकेशन करके कोर्ट केस के बारे में बताया और इन्फोर्मेशन देने से इनकार किया ! PIO को हमारी बात सही लगी और उसने 8(1)h का रीजन देकर इन्फोर्मेशन देने से मना कर दिया ! उसने अपील की तो फर्स्ट एप्लेट ने भी PIO को समर्थन करते हुए माहिती देने से इनकार किया ! मेरा सवाल ये है कि वो आर.टी.आई. एक्टिविस्ट सही इन्सान नहीं है ! उसने जो हमारी मानहानि की है उसे सही साबित करने के लिये वो इन्फोर्मेशन के साथ जुड़े इन्सानों को हानि पहुंचा सकता है क्यूँकी उसने पहले भी ऐसा किया है ! तो क्या वो इन्फोर्मेशन कमीशन में जाये या कोर्ट में तो क्या होगा ! आप सब दोस्तों की इस बारे में क्या राय है ! आभार !!
  5. I had sought for copy of letter dated 16.12.2016 issued by IDBI Bank to Government of India relating to wage negotiations in respect of 16000 officers and employees of IDBI Bank. The CPIO has rejected the information stating that the information sought by me pertains to a subject which is under discussion/negotiations and yet to be approved/implemented and hence are in the nature of commercial confidence and there is no larger public interest that warrants disclosure of such information till its implementation in the Bank and hence the same is exempted under Section 8(1)(d) of the RTI Act. To my knowledge, Bank is wrongfully taking refuge under 8(1)(d). The information sought for by me pertains to more than 16000 officers and employees of the bank. There is no specific provision in the Act to deny me the information. Since information cannot be denied to parliament, the same cannot be denied to me as well. Kindly guide me as to how to take up the matter with relevant citations@ regards
  6. RTI Act - Section 6(3) Where an application is made to a public authority requesting for an information,— (i) which is held by another public authority; or (ii) the subject matter of which is more closely connected with the functions of another public authority, the public authority, to which such application is made. shall transfer the application or such part of it as may be appropriate to that other public authority and inform the applicant immediately about such transfer: Provided that the transfer of an application pursuant to this sub-section shall be made as soon as practicable but in no case later than five days from the date of receipt of the application. Cabinet Secretariat is a public authority under RTI Act. It has number of departments/sections located in various buildings in Delhi. Recently a CPIO in Cabinet Secretariat transferred my RTI application to another CPIO in Cabinet Secretariat under Section 6(3) of RTI Act. I filed first appeal against this decision as Section 6(3) is for transfer of RTI application from one public authority to another public authority. To my surprise FAA rejected my appeal saying that as other CPIO is sitting in another building CPIO has rightly transferred the RTI application under Section 6(3). I request your views on this.
  7. As reported at ptinews.com on 31 July, 2009 New Delhi, Jul 31 (PTI) The Central Information Commission has ruled that political parties are not covered under the Right to Information Act. Dismissing a petition of an RTI applicant, the CIC said political parties could not be covered under the Act just because they are provided government subsidies like premises at prime locations and free airtime for media broadcast during elections among others. "Even under Section 2 (h) (of the RTI Act) simply concessions provided to any private agency by Government cannot be construed as that agency being owned, controlled or substantially financed directly or indirectly by funds provided by Government," Chief Information Commissioner Wajahat Habibullah said while rejecting a petition filed by RTI applicant Balwant Singh Khera. Khera who hails from Hoshiarpur in Punjab has sought some information from 12 political parties including Congress, BJP, CPI, CPM among others but did not got any answer from them. Source: fullstory
  8. The Proviso in S. 8 provides:- "Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person." What should be the correct interpretation and scope? Does it applies to S. 8 as a whole or its application is restricted to Clause 8(1)(j) only?
  9. I received an RTI application, but the same is not accompanied with fee. Is this a ground to reject the application? The application is received through email. The subject of the email is RTI. Can this application be treated as application under RTI ACT?
  10. Kolkata, April 2 (PTI): The full bench of the Central Information Commission will decide whether documents consulted by enquiry panels probing the mysterious disappearance of Netaji Subhas Chandra Bose should be disclosed, Information Commissioner A N Tiwari has said. Tiwari conveyed this recently to Mission Netaji, a Delhi-based organisation campaigning to access information on the disappearance of the icon of the freedom movement, while hearing its appeal in this regard. Giving a "final chance" to the Union home ministry to come clear on the issue, Tiwari asked it to provide an adequate explanation from the ministerial level on why documents sought by Mission Netaji could not be made public. All documents on the basis of which the two inquiry panels led by Shah Nawaz Khan (1956) and G D Khosla (1970-74) made their decisions have been kept secret by the government. Tiwari's directive came close on the heels of Information Commissioner O P Kejriwal directing the external affairs ministry to provide Mission Netaji's Anuj Dhar copies of its correspondence with the Sovet Union and later Russia on Netaji's disappearance. "If adequate explanations are not provided, the Commission will be compelled to direct the disclosure of all documents in question," Kejriwal said. Last year, Home Minister Shivraj Patil announced in Parliament that investigations conducted by Khan and Khosla were more credible than that of Justice M K Mukherjee who headed another panel that probed Netaji's disappearance. Following Patil's announcement, Mission Netaji's Sayantan Dasgupta filed a petition with the home ministry to seek copies of all documents examined by the Khan and Khosla panels. "Our case has been that these enquiries made selective use of evidence to arrive at the conclusion to suit the government's view that Netaji died in Taipei," Dasgupta claimed. In response, the home ministry refused to provide documents, taking recourse to secion 8 1(a) of the RTI Act, which exempts the release of information information which can "prejudicially affect sovereignty and integrity of India", "relations with a foreign state" or "lead to incitement of offence". Dasgupta then filed a complaint with the CIC. In its first hearing in October last year, home ministry officials said they were not aware of the documents examined by the earlier panels as they, unlike the Mukherjee Commission, had not appended any list of exhibits. Tiwari then directed Dasgupta to revise the original application to demand specific documents. Accordingly, Mission Netaji filed a revised petition with a list of 202 documents used as exhibits by the Khosla Commission in its arguments section. At the latest hearing last week, home ministry officials were to appear with the papers but instead came with a secret note from Home Secretary V K Duggal, who has since retired. Irked at the letter that reiterated the same arguments using Section 8 1(a), Tiwari said: "The issue is far too important to be decided in an ad hoc manner at the level of the home secretary. I am not prepared to allow an omnibus recourse to Section 8 1(a)." The CIC assured the appellant that Indians had every right to have full information on their hero. The Hindu News Update Service
  11. Dear Members of this August Forum & all Info Warriors, I had sought the following information from Haryana State Pollution Control Board (HSPCB), Gurgaon under RTI about NOC granted, cancelled, show cause notice issued and action taken against top twenty polluting units of District Gurgaon,of Air Act aw well as Water Act. I also sought information under RTI Act 2005 about inspection carried out on these units by HSPCB, inspection report, action taken report and units sealed by HSPCB during last five years for violations of Air & Water Act(Copy of RTI Application enclosed) The SPIO cum Regional Officer of HSPCB, Gurgaon asked for Rs 10000/- being the cost of extra documents (5000 numbers) (Copy of R O HSPCB Gurgaon enclosed)to partly supply the information. I challenged this unreasonable demand of SPIO cum R O HSPCB before Hon'ble SIC, Haryana under Section 19(3) of RTI Act 2005 as per Section 4(1)(b) of RTI Act 2005 this information should be on HSPCB web-site. The Hon'ble Mr.Shiv Raman Gaur (IAS), State Information Commissioner, Haryana heard the matter for an hour and in its unprecedented order directed the HSPCB Gurgaon as well as HSPCB, Haryana under Section 25(5) of RTI Act 2005 to put the information in public domain for units, no of Polluting units, information regarding Pollution checks, defaulting units, standards/ bench marks for Pollution Control. The list is illustrative only. The Commission directed the SPIOs to complete this exercise within next 6 months positively from the receipt of this order and send a compliance report to the Commission. Meanwhile, the Commission also directed U/s 25(5) of the RTI Act 2005, the Pollution Control Board and department of Environment to replicate the Gurgaon Model and put as much information as possible for the benefit Of citizens at large in other parts of Haryana. on its web-site within six months. The information to be uploaded on its web-site includes last five years information also.This is a revolutionary order. This is called the following of RTI Act 2005 in letter & spirits. (Copy of Hon'ble SIC order enclosed) The advantage of this order would be that now the citizens do not have to file RTI applications AND any citizen by click of a button would know the name of polluting industries/units and action taken against these delinquent firms. This will help in bringing transparency. Thanks for your time. Harinder Dhingra Scan_Doc0003.pdf
  12. In a well argued order, IC SA has ruled that salary details and official address are disclosable under RTI: Information about salary and official address of public servant is public in nature and shall be disclosed to any person including spouse. Salary details including deductions contained in Salary slip or certificate and residential address of the public servants is personal information, and also third party information. Only after proof of larger public interest such information also can be given…. The spouses do have right to get any information about each other though they are involved in marital disputes/civil, criminal cases filed mutually against them. They can also seek information if in public domain to help them to prove or disprove the charges. But the information about their person unconnected with the discharge of public duties cannot be sought unless they establish a larger public interest. Filing of 50 RTI applications reflects the personal animosity but not public interest. This decision is also important because iot analyses Sec 8(1)(j) threadbare ! Salary and official address are disclosable.pdf
  13. In a recent decision, CIC has agreed with the PIO of a bank in denying the information related to pension account of the Husband. This information was needed by the wife for a maintenance case. Surprisingly, the order of the IC is a one line order: Decision Notice 6. The Commission accepts the CPIO’s submission. The appeal is disposed of. The full order is attached to this post. Pension account details of husband denied to wife.pdf
  14. This article has been posted at our #LawSegment . To read the full article follow this link: Marital Disputes and RTI Section 8(1) (g) and to subscribe to our daily mailer follow this link Join our free Right to Information Newsletter. RTI applicant wife filed complaints against the RTI applicant in not one but two police stations. The Puducherry police refused to give the copy of a complaint by the appellants… The law segment is available here RTI INDIA - Invoking Your Rights Read the complete article here...
  15. I have observed that RTI applications in Nagar Nigam Jaipur and Rajasthan Housing Board, my applications have transferred multiple times by one PIO to another PIO and in some cases, it is handled like a ping pong ball i.e. First to send and second to first again.Is it permissible under sec 6(3) of RTI Act 2005.
  16. 1. In a landmark decision, Delhi High Court has quashed the practice of summary disposal of complaints by remanding the matter to First Appellate Authoity/ CPIO, without even hearing the complainant or deciding the complaint on merits 2. It is learnt that nearly 8600 matters have been summarily disposed by the CIC in recent years out of which more than 4000 have been disposed off by Information Commissioner Sushma Singh. As regards, the grievance expressed by the petitioner that the Commission, despite its attention being drawn to the above referred decision of the Apex Court continues, while considering a complaint under Section 18 of the Act, to direct the concerned CPIO to provide information instead of deciding the complaint on merits, it is expected that the Commission henceforth will decide the complaints on merits instead of directing the CPIO to provide the information which the complainant had sought. Of course, it would be open to the Commission to give such a direction while entertaining a second appeal under Sub-section (3) of Section 19 of the Act. Full judgment is attached to this post, which can be downloaded from our Download section at RTI INDIA along with other court relevant court judgements here! Delhi High Court order quashing summary disposal of complaints by CIC.pdf
  17. Hi Friends, I'm following up my RTI appeal with BSNL, Pune. I filed an appeal against information provided by CPIO and mentioned clearly in the form to First Appellate authority that I want my appeal to be heard in my presence. However they simply prepared a reply and when I asked about hearing, they turned me down on my request to be present during hearing and said I can ask for my presence during hearing of appeal in front of only CIC and not first appellate authority. Either they are not aware of rules or I misinterpreted the law/form. Kindly help me with my queries so as I can make them aware of the provisions in the rule for 1st appellate authority. This is my first post on the forum and I hope I've explained my query in easy and comprehensible manner. I'd be thankful for a reply from the experts. Kindly let me know if any more elaboration/explanation is required on the issue so as to answer my query. Thank you.
  18. Came across these two strange orders of the APSIC - from two different ICs. In both cases, the ICs have relied on the definition of "compensation" and ordered the public authority to provide jobs to the appellants ! Can members opine whether is is legally valid or not ? In earlier cases (I think one in Haryana and the other in Gujarat), two different HC's struck down orders of ICs where one had ordered the giving of a House site and the other had ordered compassionate appointment. Job as Compensation 2.pdf Job as Compensation 1.pdf
  19. An information commission can not order for disclosure of Information in proceedings under section 18 Remedy for denial of request for information - real or presumed - lies under section 19 Section 18 and 19 are 2 seperate provisions, and can not be used alternatively for each other. SC Judgement on section 18.pdf
  20. The Orders of the PSIC are as below : Briefly the facts are that Shri Sukhchain Lal has filed the present complaint under Section 18 of the RTI Act before the Commission on 9.7.2013. One-Shri P.C.Bali has appeared on behalf of the complainant in proceedings before the Commission. Shri Sukhchain Lal has given in writing an authority letter authorizing Shri P.C.Bali to represent him in complaint case No.2521/2013. Representation of the complainant by Shri P.C.Bali, however, was objected to by Shri S.K. Sharma, Advocate appearing on behalf of the respondent-Municipal Corporation, Amritsar. His plea is that only an authorized advocate duly registered under law, as such can represent a party in Court proceedings including before the State Information Commission. . Right to Information Act, 2005 is a right based enactment and welfare legislation. It imposes duties on the public authorities to even suo-motto disclose the information. A duty is caused on Public Information Officer under Section 6(1) of the RTI Act to render all reasonable assistance to the person making a request orally to reduce the same in writing. The objective is to facilitate access to information. There is no provision in law which prohibits an information-seeker from being represented by an authorized person. Hon’ble Supreme Court in REVIEW PETITION [C] No.2309 OF 2012 in WRIT PETITION [C] NO.210 OF 2012, Union of India Versus Namit Sharma with REVIEW PETITION [C] No.2675 OF 2012 in WRIT PETITION [C] NO.210 OF 2012 State of Rajasthan & Anr.Versus Namit Sharma has held that Information Commission are administrative tribunals. Therefore, I see no ground to debar a non-advocate to appear in the Commission as authorized representative of an information-seeker. The proceedings in the case shall proceed further. STATE INFORMATION COMMISSION.doc
  21. I applied for certain info from PIO, o/o Deputy commissioner, X city. As the information pertained to some of his subordinate offices, the PIO took shelter of sec6 (3) & redirected the application to concerned secretary & sent me its copy. He wrote “application filed by mr GG reveals queries concerned with ur office, hence this application is sent to u u/s 6(3) of the RTI Act and the applicant be provided information directly. Postal order of Rs 10/- is being deposited in my office”.Now the time period of 1 month has lapsed. If I file appeal, whether it shud lie with FAA, o/o deputy commissioner OrFAA of the deptt at which my application is sent using sec 6(3) & presently lying.What do u suggest if I sent some ‘reminder’ to the concerned secretary?
  22. i was thinking if there is any confidentiality clause that we can put in the end of our rti application so that PIO should not leak out name and info for seeking any sensitive information
  23. COMPETENT AUTHORITY WITH RESPECT TO SECTION-8(1)(d) & (e) OF RIGHT TO INFORMATION ACT, 2005 From the construction of Section-8(1)(d) & (e), it is clear that there shall be no obligation to give any citizen, the information exempted under these two clauses, unless the Competent Authority is satisfied that larger public interest warrants such disclosure of information. Section-2(e) of the Act defines “competent authority” as – the Speaker in the case of the House of the People or the Legislative Assembly of a State or a Union territory having such Assembly and the Chairman in the case of the Council of States or Legislative Council of a State; the Chief Justice of India in the case of the Supreme Court; the Chief Justice of the High Court in the case of a High Court; the President or the Governor, as the case may be, in the case of other authorities established or constituted by or under the Constitution; the administrator appointed under article 239 of the Constitution; It means, CPIOs/PIOs, FAAs, Public Authority or even Central Information Commission or State Information Commission are not empowered to take decision whether larger public interest warrants disclosure of the types of information mentioned under Sec-8(1)(d) and (e) of the Act. Viewed from the definition of Competent Authority, such decision must necessarily be taken by those authorities mentioned in Sec-2(e). Therefore, for Central Government offices, the decision shall be taken by the President of India – means the concerned ministry. Section-8(1)(j) enumerates that there shall be no obligation to give any citizen, the information which relates to personal information, the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual, unless Public Information Officer or FAA is satisfied that larger public interest justifies the disclosure of such information. The legislative intent is very clear in delegating power to Competent Authority under Clauses (d) and (e), and to PIO or FAA in respect of Clause-(j). The framers of the Act distinguished the delegation of power under Clauses (d) and (e) with that of (j). This being the legal position emerging from the construction of these clauses, – is there any justified ground to file RTI Applications seeking information exempted under Sec-8(1)(d) & (e) citing larger public interest, from CPIOs or PIOs in offices other than Competent Authority? Whether CPIOs or PIOs in Offices of ‘Competent Authority’ are justified in transferring such applications seeking information exempted under Sec-8(1)(d) & (e) to Subordinate Offices / Attached Offices under Sec-6(3) of the Act?
  24. Hi, I filed a single RTI application regarding the discosure of Net Taxable Income of FIL and wife, however, it got rejected. FIL - Ward A Wife - Ward B I addressed the RTI Application to the PIO of Ward A, he transferred the wife part of the application to PIO of Ward B. Now, both PIOs have separately rejected the application. I have to file FA now so, should I file single FA or separate FA for the splitted RTI Application?
  25. In a very well worded and argued order, the CIC has asked the "Bureau of Immigration" to provide information to an applicant about the departure of a certain person from India. The Bureau of Immigration (BoI), is part of the Intelligence Bureau, an organisation exempted under Sec 24 of the RTI Act - except for Corruption and Human Right violations. Regular members will note that several posters on this forum have tried to get similar information earlier from the BoI but their attempts have been consistently rejected by the CIC on various occasions. However this time, IC Sushma Singh has gone an extra mile and ruled that not providing such information to the applicant will constitute ‘Nonfeasance’ - a term also defined in the Blacks Law Dictionary as "corruption in office and official corruption". Hence this request is indeed a request for information related to "corruption" and therefore the information should be provided. This order will be very useful to those who seek information from organisations exempted under Sec 24 of the RTI Act - specially information related to corruption issues. The IC has also given a clear distinction between "allegation" and "conjecture" - a argument very useful for arguing cases before the CIC/SIC. Kudos to her for such a clear and well argued decision. The full order is attached to this post. Bureau of Immigration.pdf
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