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by kushal | 
We are happy to announce RTI INDIA is now available to all its subscriber via Free SMS. Now you can know the latest news, success stories, important events and much more about Right to Information by subscribing to our SMS channel.
Please visit our channel link to subscribe to our Free SMS service.
http://labs.google.co.in/smschannels...be/RTIINDIASMS
Alternatively you can subscribe to RTI INDIA SMS by sending an SMS:
ON RTIINDIASMS to 9870807070
Thank You for being part of our community.
RTI INDIA TEAM
At any point of time you want to unsubscribe from RTIINDIASMS channel, send an SMS <off rtiindiasms=""> to 9870807070
</off>
This service is an additional but free subscription based service and you are not automatically subscribed to the channel by us while you register at our site. | | |
by kushal | On our second Anniversary I said 'Let us Connect, Network and Reach out', the dream was not Myopic. On 27th September 2009 just over 3 years of our existence we are 100,000 member strong community. With more than 4 lakhs pages of community posts at our website, surely we are proud of our members who either posted a question, or an answer, or wrote a blog which made Right to Information worthwhile.
Do you have a success story to share with us: Now Post your video at RTI INDIA!
On this occasion we are introducing a new forum at RTI INDIA, RTI Community - RTI Videos at rtiindia.org which is meant for all our members to upload and share videos via YouTube. I invite all of our community members to take part in the forum.
We are also announcing the launch of RTI INDIA Video Channel at YouTube. Visit YouTube - RTIINDIA's Channel
We intend to share and bring together all Right to Information related videos at one place through this channel. To become more familiar with the functioning kindly visit the thread here.
Continuing our zeal to bring all cross section of people to be part of our community we have opened many more mediums to do so via social networking sites.
- Facebook: Join us via Facebook, become fan of our site here: RTI INDIA | Facebook
- Twitter: Follow us on twitter here: RTI INDIA (rtiindia) on Twitter. We post interesting threads selected at RTI INDIA website here. Also we intend to use it as our minor site announcement portal.
- Orkut: Join us if you are available at orkut, visit the link here orkut -
Very importantly, our core team has decided to accept the following members as our 'Community Builders' and we are happy to welcome them as our team members on this very important milestone event:
Dillip Kumar Mohapatra, Sunaab Sarkar, Jayeshbheda & Ajay Kumar Bhal
I am sure the hard work they have done to help the community grow till date, will surely enrich all of us in times to come.
Lastly, this official post cannot end without the acknowledgment of our team members untiring efforts, those voluntary monetary supporters who made their contribution towards running this site, and all those contributory members who by way of their knowledge and desire had been enriching all of us from the journey we performed from 1 member to 100000 members.
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by ganpat1956 | Today, September 28, is the International Right to Information Day. On this day in 2006, RTI India .Org was started by Dr Kushal Pathak, a physician by education, but who nevertheless took up Civil Services to a lucrative career in medicine. His penchant for curing the ills of the society and the encouragement provided by the younger generation of his like-minded friends in the bureaucracy, led him to float this web site. In the three years time, this site has now grown into a membership of 90,000 socially conscious persons throughout the length and breadth of this country, besides several NRI members. They hail from every walk of life—retired people, commoners, teachers, advocates, professionals, entrepreneurs, serving officers, house wives et al.
The founders of this portal being part of the civil services, there is an imperative need to ensure that this site is not used by anybody to demean the govt nor to conduct a crusade or campaign against it. To that extent, we believe in active moderation . This portal is only meant in a very strict sense to help citizens and others in the rightful interpretation of Act and helping in the queries they have, by the shared resource of the members at large. We are happy that by and large our members have understood the boundaries we have set for ourselves and have extended their due cooperation on this count.
RTI India has earned a niche for itself in the web world thanks to the dedicated efforts of all the activists. The site carries over 3,35,000 web pages of discussions, spread out in various sections and sub-sections. The search engines simply love this site and at any point of time one can observe the presence of not less than a score or two of various search engine bots and spiders crawling around for information. With the result, anything that gets posted here can be located through a web search in the next five to ten minutes. This has led to increased new member registrations, which are in the order of 300 to 400 everyday, making the task of our Community Builders, a challenging one. Site statistics reveal that about 80% of the visitors to our portal every day are new entrants.
From a handful of Info Warriors who started it all in 2006, we were 1100 at the time of our first anniversary, 12000 on our second anniversary and now with a 90000+ vibrant membership, we are marching ahead to the six digit figure, which we shall be reaching before the end of this year.
To repeat the words of our Chief Dreamer & Architech, " We are proud of our Members who had made our community efforts a success, either by way of a question or by posting a solution or simply being here with us. We are also thankful to those who contributed by way of assimilating news about Right to Information and shared with all of us in the RTI News section. Many appreciation would go left unnoticed if we did not mention those who contributed in the blogging, guide and directory segment. Again a Big Thanks to all those who made monetary contributions for meeting the bandwidth cost and thus reaffirmed their faith in our community work."
Discuss this Announcement Here:
"http://www.rtiindia.org/forum/31322-...niversary.html" | | |
by ra_10 | | Since past few years the State Urban Development authority had been pumping sewage water into our land, which was having an ill effect on the quality of our land. We filed an RTI application seeking information on the intended route of the sewage water, why it was diverted to our land, the compensation we would be granted for the harm done and the penalty to the officers responsible. The reply to the application stated that there was no such thing being done - no sewage water was being pumped and no further action was to be taken on this. Although the reply wasn’t directly helpful, RTI helped because the authorities completely diverted the route of sewage water away from our land and it has stayed like that since. Hence, we achieved the desired results.:) | | |
by karira |
26-yr-old visually challenged man will receive first Rahul Mangaonkar RTI Award
Ratna Ala, a visually challenged 26-year-old youth, who used RTI to expose the improprieties of the local administration and got development to his village, will become the first recipient of the Rahul Mangaonkar Award for Best Use of RTI for Common Cause.
The award was conceptualised to cherish and perpetuate the legacy of TOI journalist Rahul Mangaonkar, who had pioneered the use of Right to Information in journalism. Ala will be felicitated at Gujarat Chamber of Commerce and Industry Auditorium on Sunday at 10.30 am.
A native of Rangpur in Wankaner taluka of Rajkot district, Ala is visually impaired. He used the RTI to replace a stony path connecting his village to the main highway by a two-kilometre pucca road. His family belongs to below the poverty line.
Ala, a class X passout, used RTI to get information on several schemes that the panchayat had claimed it had implemented but had not done so.
Rahul Mangaonkar, an activist-journalist, passed away on May 5, 2009. He used RTI as a tool to expose irregularities in the local administration and provided a non-confrontational attitude to the RTI movement.
The award is not just a tribute to Mangaonkar but an encouragement to common citizens who use the tool to make a difference to the society at large.
As reported in ahmedabadmirror.com on 19 July 2009:
26-yr-old visually challenged man will receive first Rahul Mangaonkar RTI Award , News - City - Ahmedabad Mirror,Ahmedabad Mirror | | |
by kushal | On 15th May 2009, RTI INDIA reached the registration count of 50000 members. Please join us on our celebrations here!
Our immediate goal is to make rtiindia.org an even more welcoming place and make it easier for users to find the information they're looking for regarding Right to Information.
Over the past few months, we've been actively ramping up team and reorganizing it so the team can be bigger, faster, and better than ever before. In the same effort we are pleased to announce following active members as our team members:
- Sandeep Baheti (sandeepbaheti): Has been given additional responsibility as 'Moderator' of RTI INDIA.
- Atul Patankar (Atul Patankar): Has been inducted in our team as 'News Digger' at RTI INDIA
- E.V.DEVENDRANATH (evdnath), G.MARUTHI (GM VISHNU) & Prabhakar HL (prabha.hl) has been inducted as 'Community Builders' at RTI INDIA
We think the new additions to our team are great assets to rtiindia.org - something we think you'll agree with as you get to know some of our new team members over the coming months. Please visit our Team Members Page here.
While in the past discussions were a bit freewheeling, we're going to renew our effort to keep discussions focused, in accord with our published posting guidelines. Polite discussion and constructive criticism will be welcome, but we are going to be better about moderating discussions to keep them on topic.
With Best Regards,
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by aparnakarmarkar |
My name is Aparna Karmarkar. I live in Pune and practice as an architect. I had filed my Income Tax Reaturn for the Finincial year 2007-08 on July31st ,2008. I had claimed a refund of Rupees Four Thousand and Thirty Six rupees.
I waited patiently for the refund till June,2009. No action from Income Tax Office. When I told this story to Mr.Atul Patankar, he was very kind to introduce me to the idea of RTI !!
He made the application ready, we filled in the necessary details and filed the application on June 10th, 2009. I was surprised when the sleepy department started calling me. The concerned officer told me that he has posted the cheque and could I please widraw the application? Again Mr.Patankar advised me not to do so , till I had a cheque in my hands.
Thanks to RTI and Mr.Atul Patankar, I received my cheque on July 2nd, 2009. What's more, I did not pay a single paisa as a bribe!!!
With best regards,
Aparna Karmarkar
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by dhanabalan |
RTI Act is really helpful to me. Police officials were misused the FIRs. Each FIR contains 6 sheets. Police used only 3 sheets to register the case. Other 3 sheets were used to threaten the innocents to get the bribe and then destroyed the 3 sheets. I unearthed through RTI.
FIR printed numbers and Crime numbers are not tallying. In some cases FIRs were reserved for later use. In some cases, crime numbers were reserved. Further, 5 crime numbers were booked in one FIR. Some FIR copies were not sent to court. Some FIR copies are not available in station, in DSP office and in court. I unearthed all this through RTI. Now I filed a petition in High court to direct the Vigilance & Anticorruption to register FIR against the police officials.
One person murdered his illegal second wife and the body was destroyed in fire without informing to police and Village Administrative Officer. That person paid bribe to police for not registering FIR against him. I sent application under RTI. DGP replied "on enquiry she died due to eating of poison". The ADGP destroyed the file connected with the reply of DGP. I filed a petition at High Court to register FIR. FIR was registered under IPC 176, which is non cognizable offence. Even the FIR was not sent to the JM court. ADGP and other police officials would be booked for not registering FIR under section IPC 201.
Police received bribe from the criminals and FIR was not registered for the theft complaints from 2005. I complained to IGP. IGP directed to register FIR. Afraid of departmental action by the IGP for the refusal to register FIR, police officials received signature from the petitioners in blank empty white paper and they later filled as they like. Some petitioners complained to the IGP and SP. No action. I sent complaint to DGP. No reply. Appealed at Information Commission. Enquiry was conducted by Information commission. PIO gave a non speaking, incomplete and evading answer. I again appealed to the Commission.
RTI Act is a powerful tool. But the Information Commissioners are very lienient. The PIOs are exploiting the leniency.
Thank you.
Dhanabalan
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by sujy40 | dear all,
I would like to share my experience of getting IT refunds which had been pending for 10 Assessment Years ie from1996-97 till date by using the RTI Act. I am indebted to this website for the information provided without which the refunds would not have marerialised. During the process i have gained insights which i would like to share with all members.
Numerous representations and meeting IT Dept officers yielded no results. After seeing this website I filed an application under the RTI Act. Information regarding status of my refunds was denied by the ITO(Income Tax Officer) under Sec 8(1)(j) stating that info sought was of a personal nature and was not inthe larger public interest. The letter also stated that the application would be treated as a Grievance petition and action taken expeditiously.
I filed an appeal against this to the First Appellate Authority on the following grounds . I based my reasons for appeal on a judgement given by the delhi High Court which i found on this website and is reproduced below.
] Judgement of HON’BLE HIGH COURT OF DELHI
in WP(C) No. 3114/2007 decided on 03.12.2007 :
“………As is reflected in its preambular paragraphs, the enactment seeks to promote transparency, arrest corruption and to hold the Government and its instrumentalities accountable to the governed. This spirit of the Act must be borne in mind while construing the provisions contained therein. Access to information, under Section 3 of the Act, is the rule and exemptions under Section 8, the exception. Section 8 being a restriction on this fundamental right, must therefore is to be strictly construed. It should not be interpreted in manner as to shadow the very right itself.”
I also gave the following grounds for my appeal.
1.denial of information by the PIO(public Information Officer) amounted to denial of justice of a genuine grievance.
2.Transparency was lacking since no reason whatsoever was given for the inordinate delay.
3. the IT Dept and and its instrumentalities had not been accountable to the governed.
4. The letter of the law was being followed while the spirit of the law was being ignored.
5. This went against the High Court judgement qouted above.
6. The assessing officer had failed in carrying out one of his main functions which is to ensure that all taxpayers grievances are attended in time and redressed in a fixed time bound manner.
Within 20 days of the appeal cheques for the entire amount of approx Rs 3 lakhs were received by me in Regd Post/Speed post letters.
To strengthen my arguement, I had included following details downloaded from the IT Dept's website :
.
EXTRACTS FROM CITIZENS CHARTER (IT Dept Website):
WE BELIEVE :-
ØIn transparency and fairness.
ØIn encouraging and assisting taxpayers
WE AIM :-
ØTo redress/dispose off a complaint/grievance within two months from the end of the month of its receipt.
Functions of Assessing Officers . (Extract from IT website)
No 3 &4 are relevant.
(1)
1.Allotting PANs wherever required
2.Making IRLA operational and ensuring that all demands are entered into this system
3.Seeing that all tax payers grievances are attended in time and redressed in a fixed time bound manner
(1) 4. Ensuring timely collection of demands and issue of refunds.
5.Selection of cases for scrutiny in time and ensuring their timely disposal
6. Controlling all computer hardware and software of the range and ensuring its maintenance replacement and updating. Providing technical support
and guidance for operation of the computer system.
(1) 7.Taking all necessary steps for widening of the tax base.
(1) 8. Internal Audit functions.
9.Ensuring that appeal effects are given and central scrutiny
(1)reports are submitted in time.
10.Statutory functions.
St
(1)I would advise following steps to ensure refunds materialise quickly :
STEP I . Forward a grievance petition to the ITO where the IT Return has been filed. Wait for 60 days. This 60 day gap is required since IT dept has stipulated 60 days as time by which grievance petitions are to be disposed off.If no response-go to STEP II.
STEP II. File an application under RTI Act to concerned PIO (Public Information Officer). Usually it is the ITO of the concerned ward Where the IT Return has been filed. Make sure to state at the end of the application " If you are not the concerned officer, please forward it to the concernrd officer in accordance with Sec 6(1) of the Act. If no reply for 30 days, file an application to the first Appellate Authority. If info sought is denied under Sec 8(i)(j) then also appeal to First Appelate Authority stating grounds which i have listed earlier. Download forms available in this website for filing applications as these forms are comprehensive and the PIO cannot wriggle out on techncalities.
The refund will materialise.
Happy hunting.
Col S V Sundar
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by vijaygarge59 |
I think Information is the power.
and in true sense it is the confidence
we can serve humanity and nation through it.
thanks to rtiindia.org..
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All About RTI RTI Buzz Forums Start A Thread | RTI News & Discussion |  Evolve more citizen-friendly system, CIC tells... | |
As reported by PTI in hindustantimes.com on 15 March 2010:
Evolve more citizen-friendly system, CIC tells Delhi Govt- Hindustan Times
Evolve more citizen-friendly system, CIC tells Delhi Govt
The Central Information Commission has asked the Delhi government to evolve a more citizen-friendly system so that RTI applicants are not hassled while availing information after depositing additional fee.
"The commission under the powers given to it recommends to the public authority (Delhi Government) that it should evolve an appropriate system for the PIO to be informed about the additional fees without shifting this burden on the RTI applicants," Information Commissioner Shailesh Gandhi said.
The case pertains to one S Shobhana who went for file inspection at the Home Department of the Delhi government under Right to Information Act where she identified 61 pages for photocopying and deposited Rs 122 for the same.
She alleged that receipt of the fee was given to the PIO and returned in mutilated form after much hassles.
"It is unfortunate that the department expects the citizen to physically deposit the cash receipt or a photocopy with the PIO. Once a citizen paid the money it is the department's responsibility to find the way of communicating this to the PIO.
"This can be done by either a duplicate receipt being sent to the PIO...or by simple email," Gandhi said.
"In the instant case, the PIO crossed the receipt and put down the ID number since the appellant wanted the original receipt with herself. It appears that the department has no proper method of ensuring that the PIO knows that the additional fee has been paid by an RTI applicant," he said while making the recommendation.
| | Gulbarga judge rejects RTI application | |
As reported by Srnivas Sirnoorkar in deccanherald.com on 15 March 2010:
Gulbarga judge rejects RTI application
Gulbarga judge rejects RTI application
In an interesting development, perhaps the first of its kind, the district judiciary has rejected an application filed under the Right To Information Act seeking certain information about the functioning of the judicial department and has invited summons from the Karnataka Information Commission (KIC).
<table valign="top" width="100%" border="0" cellpadding="0" cellspacing="0"><tbody><tr><td colspan="2" class="overviewfont">The rejection of the application and denial of information are surprising considering that even the highest judiciary is now willing to provide information of a personal nature in response to RTI application.
More interesting, the Public Information Officer, in this case, the Chief Administrative Officer of the District and Sessions Court has rejected the RTI application “under the directions of the Honourable Principal District and Sessions Judge, Gulbarga.”
The RTI application was filed by Mohammed Hashmat Ali, a resident of Gulbarga, on November 6, 2009, seeking information relating to record-keeping system and functioning of the office.
Index catalogues
The information sought included index catalogues of files, a public authority is bound to maintain under Section 4 (1) (a) of the RTI Act, and suo motu declaration of office functioning required to be obliged under Section 4 (1) (b) of the RTI Act; copy of the notification/order appointing PIO and Assistant PIOs, and copy of the record retention schedule.
Though the information sought was specific and clear, the PIO in his letter dated
November 13, 2009 stated that the application for issue of copies of documents has been rejected by an order of the Principal District and Sessions Judge for want of full particulars.
Following the rejection of application and denial of information the applicant filed a complaint with the KIC. Hashmat Ali stated that he has been aggrieved by the denial of information and prayed the KIC to issue notice to the PIO and conduct hearing for initiating further action. The applicant contended that the arbitrary rejection of the application and denial of information was against the provisions of the RTI Act.
Valid reasons
In its summons to the PIO, the KIC maintained that there were valid reasons to hold an inquiry against the respondent and has directed the PIO to be present in person with all the necessary documents before him on April 5. The notice has made it clear that the respondent was liable for a fine of Rs 250 per day to a maximum of Rs 25,000 and has therefore directed him to supply the information to the applicant during the intercession period of of the complaint and the hearing.
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| | HDMC, department provide differing replies on same... | |
As reported by Girish Pattanashetti in thehindu.com on 16 March 2010:
The Hindu : Karnataka / Hubli-Dharwad News : HDMC, department provide differing replies on same issue
HDMC, department provide differing replies on same issue
Despite KIC rap, corporation yet to provide information <hr color="lightblue" noshade="noshade"> RTI applicant had sought information on inclusion of penalty clause in the draft citizen charter
HDMC was told to be prompt in dealing with each request for information received under RTI
HUBLI: The Hubli-Dharwad Municipal Corporation (HDMC) and the Urban Development Department (UDD) have given contradictory replies to the same issue.
While the HDMC, in a statement submitted before the Karnataka Information Commission (KIC), said that it had sent a letter to the UDD seeking its opinion on the issue of including the “penalty clause” in the draft of the citizen charter, the Public Information Officer of the UDD replied to a Right to Information (RTI) Act applicant that the department had not received any such letter from the municipal corporation on the issue.
Cautioned
Despite a word of caution by the KIC, HDMC is yet to provide supply a copy of the information sought by the petitioner.
The petitioner, M.C. Sindhur, a medical practitioner, filed an RTI application on September 3, 2009 seeking a copy of the draft document incorporating the penalty clause in the citizen charter prepared by the HDMC, the present status and steps taken by the corporation to implement the penalty clause till September 2009 and also copies of any letters sent to the civic body by the Urban Development Department in this regard.
It may be recalled that the HDMC had agreed to the condition of formulating the citizen charter and including the penalty clause while applying for ISO 9001 certification, which it received afterwards.
After Dr. Sindhur failed to receive a reply from the corporation, he moved the KIC and the HDMC sent a letter to the commission on January 22, 2010 stating that the required information had been provided to the petitioner and a copy of it had been sent to the commission.
However, Dr. Sindhur who did not receive the required information again filed a plea before the KIC on February 1, 2010. During the hearing on February 5, State Chief Information Commissioner K.K. Misra cautioned the HDMC to be prompt and careful in dealing with each and every request for information received under the RTI Act.
The commission also directed the HDMC to send a suitable reply to the petitioner within 15 days of the receipt of the order.
The commission did not buy the argument of the HDMC that it had replied to all the subsequent applications filed under the RTI Act by the petitioner. It also cautioned the HDMC against taking the applications filed under RTI Act lightly. But Dr. Sindhur has not received a copy of the draft document incorporating the penalty clause in the citizen charter even after more than a month of the passing of the order.
Meanwhile, Dr. Sindhur filed applications under the RTI (dated November 25 and 29, 2009) seeking information on the “correspondence” between the HDMC and the UDD on the issue and the action taken by the department.
To his surprise, Dr. Sindhur received a reply (dated March 2, 2010) from the Public Information Officer of the department and Under Secretary M.R. Maheshkumar, stating that the department had not received the reported letter from HDMC (No. HDMC 200301005 dated February 2, 2009); and since it had not received any letter, no new file had been opened on the issue.
Irked by the evasive attitude of the authorities of government agencies, Dr. Sindhur plans to again approach the KIC.
| | Too hot to handle | |
As reported by Smriti Kak Ramachandran in thehindu.com on 16 March 2010:
The Hindu : New Delhi News : Inside Delhi
Too hot to handle
Considered a potent tool for empowerment of the common man, the Right to Information Act has scripted a success story for many who had been fighting against the proverbial red tape.
The story is, however, quite different for the officials who find themselves answering questions that sometimes border on the bizarre.
Officials delegated with the task of filing replies to applications filed under RTI claim they find themselves “besieged by the increasing number of applications that are unmerited”. An official at the Delhi Metro Rail Corporation for instance has been busy collating information on all employees starting with their date of birth and going further to their other personal details.
“One application wants us to furnish details of all communication that includes the name of a certain individual. This applicant wants us to give details about all internal and external mail that has the specific name mentioned in it. Finding a reply to this query means going through a labyrinth of material,” the official complained.
An official in a government department said the number of RTI applications “motivate by disagreements between individuals and unhealthy competition are on the rise”.
“A majority of applications that we get are motivated by some personal grievances. We even had an application seeking details about an employee's salary and other benefits, apparently for matrimonial reasons,” said the official.
| | Non-functional streetlights: Dugri plunges into... | |
As reported in timesofindia.indiatimes.com on 15 March 2010:
Non-functional streetlights: Dugri plunges into darkness - Ludhiana - City - The Times of India
Non-functional streetlights: Dugri plunges into darkness
LUDHIANA: Residents of Urban Estate in Dugri-II are reportedly facing a tough time due to poor maintenance of streetlights in the area. They rued that the majority of lightpoints were non-functional, leading to an increase in crime rate there.
Information sought under RTI revealed that of 970 lightpoints in the area, 518 were sodium lamps of 70 watt each, 413 were sodium of 150 watt each and 257 were mercury lamps of 125-watt capacity each. The information also revealed that municipal corporation had paid Rs 19.90, Rs 32.80 and 45.00 per point, respectively.
Punjab Urban Development Authority (PUDA) had transferred this area to Ludhiana municipal corporation in 2001, and in 2004, repair work on streetlights was given on contract basis to a private company. It was decided that if these points were not rectified, a penalty of Rs 50 would be slapped on the company. However, residents claimed that though they wanted to know how much fine had been collected through this, MC did not give the required information.
Describing the problem being faced by residents, the general secretary of MIG Welfare Society, Phase II, Urban Estate, Dugri, Kuldip Singh Kreer said the streetlights were non-functional in front of MIG, HIG and 500 square yard block in Phase II. ‘‘Senior citizens who come for walk often suffer falls and thieves are having a field day,’’ he added.
Commissioner of the civic body, A K Sinha, said he would look into the matter.
| | Over 400 posts of docs vacant in MCs | |
As reported in expressbuzz.com on 16 March 2010:
link inside =
Over 400 posts of docs vacant in MCs
THRISSUR: As many as 421 posts of doctors remain vacant in various departments of the five government medical colleges in the state, Human Rights Protection Centre state general secretary Joy Kaitharath told reporters here the other day.
“As per details obtained from the departments under the Right to Information Act, the Alappuzha Medical College has the highest number of vacant posts (125), followed by Kozhikode MC (93), Thrissur (77) and Thiruvananthapuram (65). Kottayam MC has the lowest number of vacant posts (61),” he said.; The total number of vacant posts of anaesthetists in all the MCs is 47.
| | Law officer’s views can be disclosed under RTI... | |
As reported by Jasneet Bindra in indianexpress.com on 16 March 2010:
Law officer’s views can be disclosed under RTI Act
Law officer’s views can be disclosed under RTI Act
The full bench of the Punjab State Information Commission on Monday ruled that the legal opinion given by a government law officer to the police cannot be exempted from disclosure under the RTI Act by calling it “assistance” given in confidence for law enforcement. “What would be the consequences if it is accepted that a police or a legal officer while rendering his assigned duty is merely assisting, in confidence, for law enforcement or security purposes? It would virtually result in placing the entire police force, including the law officers attached with it, out of the purview of the RTI Act because every decision or step taken by police officers could be construed as ‘assistance’ for law enforcement,” the bench said.
The bench gave the ruling while hearing the case of Gurbir Singh, son of former Punjab Chief Minister Justice Gurnam Singh. He had sought copies of all legal opinions given by Amarjot Sidhu, Joint Director, Prosecution and Litigation, Ludhiana, to SSPs of Ludhiana (Urban), Ludhiana (Rural) and Khanna and Ludhiana Range DIG.
The public information officers rejected his plea, saying that the information was exempted from disclosure under Section 8 (1) (g).
Gurbir moved the office of the IGP, Punjab police headquarters, pleading that his request does not fall in the ambit of Section 8 (1) (g). Again denied information, the applicant filed an appeal with the commission. Considering the importance of the issue involved, the matter was referred to the full bench.
The bench heard the parties last January, but as the respondents were represented by a low-level functionary, notices were issued to the Punjab DGP, Principal Secretary to the Department of Home Affairs and Justice and Ludhiana Range DIG.
The plea of the appellant was that in the provisions of Section 8 (1) (g), the clause “assistance given for law enforcement” does not cover help given by government officers, but by private persons, who may be “informers” or “witnesses”. It was also argued that Amarjot Sidhu was not competent to give opinion to the office of SSPs or DIG. It was averred that by giving legal opinion, he was violating the government instructions, and therefore disclosure of his opinions should be made.
The respondent argued that many cases in which legal opinion had been given by Sidhu were pending at various stages, and disclosure may impede the process of investigation. Besides, the information sought was voluminous, they said.
After hearing both the parties, the bench said a public servant was under a legal obligation to perform notified duties of the office he holds and paid from public exchequer.
“A public servant works in a system and within a defined line of command, and is also answerable to the public. It can, therefore, be said that a public servant, while discharging his legally-binding responsibilities, is merely rendering assistance? The answer, in our opinion is no,” the bench said, adding that there was a difference between the meaning of ‘assistance’ and ‘duty’.
“The rejection of the request of the appellant for information is bad in law. The authorities withholding the information must show satisfactory reasons which should be germane. The plea of the respondent that the information sought is voluminous is also not maintainable, as the Act does not prescribe any limits on the quantum of information which may be sought by a citizen,” the bench said.
As for the ongoing cases in which Sidhu has rendered advice, the commission asked the PIO to examine these. Giving some relief to the respondent, the commission said the PIO need not tabulate or collate information. The appellant may inspect the record and thereafter limit his request to only those “opinions”, which he really needs, the commission said.
As for the issue that the Joint Director, as per the government instructions, should give opinion to only the DC office and not to the police, the bench said it was for the secretaries concerned and the heads of departments to check. The case has been adjourned to April 15 for reporting compliance.
| | Parking offences in Mumbai jump nine times in five... | |
As reported by Ashutosh Shukla in dnaindia.com on 16 March 2010:
Parking offences in Mumbai jump nine times in five years - dnaindia.com
Parking offences in Mumbai jump nine times in five years
Mumbai: Mumbai has already been labelled one of the dirtiest cities in the country. And if statistics have it right, the city will soon rank among the most undisciplined when it comes to traffic rules.
The official figures say that the city has seen a nine-fold increase in parking offences in the past five years. A right to information (RTI) application by activist Chetan Kothari revealed that the number of parking offences jumped from 36,206 in 2005 to 3,22,932 in 2009.
The fine collected, too, has increased nine times. In 2005, the traffic authorities charged offenders Rs35,67,500 for illegal parking. The amount shot up to Rs3,22,96,200 in 2009. Ditto with towing charges — Rs53,37,300 in 2005 and Rs4,87,55,250 last year.
The first drastic jump was witnessed in 2006 — the year in which the traffic department got cracking with its drunken driving and speed driving campaigns. However, the jump was seen in the March 2006 figures, before the campaigns were officially launched.
“The huge jump is an indication of the manifold increase in the number of vehicles on city roads, along with the lack of awareness and indiscipline among the motorists,” Sanjay Barve, joint traffic commissioner, said.
He ruled out the lack of parking space in the city as the reason for the steep rise in the number of offences. “The BMC has built quite a few parking lots,” Barve said. “People can park their cars there, but they will not. There are boards by the roadside indicating no parking areas, but people inevitably park in those places. And they argue with traffic cops when they are fined.”
“It is a disturbing trend. Something needs to be done to educate the offenders. Traffic situation is bad in the city, and people should try to follow the rules,” Kothari said.
Nitin Dossa, executive chairman, Western Indian Automobile Association, did not agree that Mumbaikars are lacking in traffic discipline. “The number of cars in the city has increased many times. That is the root cause,” he said. He also hinted that occasionally the traffic cops become over zealous, and book motorists for minor offences.
| | INDIA - Tribals access services through... | |
As reported in ucanews.com on 15 March 2010:
Tribals access services through information law | UCA News
INDIA - Tribals access services through information law
RAIPUR, India (UCAN) — Church workers are using a government freedom of information law to help illiterate people get payments and help that are due to them.
The Right To Information (RTI) Act, passed in 2005, forces government officials to give information on pay and other entitlements within a fixed time frame.
Few tribal people know how to access it, however, so a drive to educate them on their rights is being led by the social service wing of Raipur archdiocese, called Seva Sadan, or house of service.
Father Joshy Abraham, a lawyer and social activist who trains the villagers, says “secrecy breeds corruption. Transparency is vital to the government.”
The state government has several schemes to help the socio-economic development of “primitive and backward” tribes but “due to bureaucracy, the programs do not reach them.”
The Church help is delivering some dramatic results.
Imla Marawi, a tribal of Rampur village of Chhattisgarh state, and eight co-workers waited for eight months for the state to pay them 350,000 rupees (some US$7,700) for work leveling 18 acres (7.28 hectares) of land.
Marawi was trained by a Church social worker of her rights under the law.
She applied for details of the payment.
“Immediately our payment was released,” says the leader of a village women forum.
The Church group is publicizing the law among the poorest Baiga and Gond tribes.
“The Baiga lack basic amenities,” says Father Joseph Raj, who directs the social service center. “The information will help them to know the government schemes. And they can benefit,” he added.
The center works through village leaders in tribal communities, who train villagers. There are 18 Baiga leaders now under training. They in turn will train people in some 60 villages.
As people started using the law, the elderly, who were not receiving old-age pension, started getting it, Father Raj said.
“It is a slow process. It may take a lot of time to achieve our goal,” Father Raj told UCA News.
The tribal “people are weak. They are not organized,” he said adding the law has come to them like “a messiah” to empower them.
Father Raj also said the Church “can effectively make use of” the law to help illiterate tribal people who are not aware of procedures to use it.
Father Abraham guides them in analyzing each problem and tells them what information they should seek to get the desired effect.
| | Teachers promoted despite ‘doubtful’... | |
As reported by Lalit Mohan in tribuneindia.com on 14 March 2010:
The Tribune, Chandigarh, India - Himachal Pradesh Edition
Teachers promoted despite ‘doubtful’ degrees
Dharamsala, March 14
Teachers in the Education Department are being promoted despite doubtful degrees. Information procured under the RTI has revealed that the state government has no clear policy of verifying the degrees while given promotions.
The teachers generally are doing their post graduation from out-of-state universities through distance education mode to get promotions in the department.
Many of them have done degrees from MP Bhoj (open) university, Bhopal, and Vinayika Mission University, Tamil Nadu.
A few of the affected teachers who have postgraduate degrees from Himachal Pradesh University (HPU) had sought information from the Education Secretary under the RTI to get a clarification in the matter. They had asked if MSc, Botany and MSc Zoology courses, being offered through distance-education mode by various out-of-state universities, were valid in the state.
The secretary directed the RTI query to the HPU. The university, in its reply, has stated that MSc courses being offered by out-of-state universities through distance education have not been equated by them.
The university has also held that the equivalence of degrees for the purpose of employment or promotion has to be decided by the government. The government has, however, not given any reply to the query that if they got the degrees equated before giving promotions or jobs.
Another query under the RTI from the Distance Education Council of the UGC revealed that it had given recognition to MP Bhoj University in August, 2007. However, the government has offered promotions to a large number of teachers who have completed postgraduate degrees from MP Bhoj University before 2007.
The sources here also told The Tribune that as per the Supreme Court judgment that has been put on the website, state universities cannot open their off-campus centres outside the territorial jurisdiction of the respective states that have authorised them to open the universities.
The UGC, in the directions issued to all states, has also stated that opening of off-campus centres was illegal and should be stopped.
| | | | Ask for RTI Query | | To pressurise the department to make a website and... | |
Hai, RTI Leaders, Will you please suggest me that if a department still has not made its website and the informations are not available online. How can we proceed in this situation to pressurise the department to make a website and put informations on line? Can we directly file an appeal to the Information Commissioner? If so under which section of RTI Act. And why not Commission is doing suo muto to ask the Governments that which of their department has still not done the required under RTI Act:confused:
| | Need Help URGENTLY !!! | |
Hello,
I had submitted a RTI application to the DDR, Pune seeking some records from the Symbiosis School Nashik. The application date is January 21, 2010. The application was forwarded by the DDR to the Symbiosis School on January 27, 2010.
I then spoke with the PIO Symbiosis Society and learned that the RTI application had never reached them. A scanned copy was sent by me on March 12, 2010.
The last date for escalation is March 21, 2010 and now seek information about the Appelate authority.
Would appreciate if the same can be provided to me at the earliest.
With best regards
Akash
| | Gupta ( Omar Vaisya) comes to OBC or Not | | | | Co operative Housing Society | | | | To know PF account transfer status to another... | |
Hai..
I have two PF account, one from other branch of same company and another from another branch of same company where i am working now.. One year back i submitted application to transfer my PF account to another PF account, but till now no information regarding that my account is transferred or not..
So please help me to know my transfer status..
Thanks
| | CRTI in Central Govt. offices in J&K | |
The Central RTI act is applicable is whole of India except the state of J&K. The J&K RTI is applicable to only Government offices of J&K. Does this mean that the Central Government offices in J&K are outside the purview of RTI?
| | Can I write in Hindi? | |
Sir,
I am not so good in English as in Hindi.So please tell me-can I post in Hindi?
| | RTI in west Bengal | |
how effectively has the rti been implemented in bengal? are there any positive response.
| | pension of my mother | |
sir, my mother had retired from health dept uttar pradesh as a consultant post. Her pension, gratuity, and encashment all are pending despite several notices from our side. the cocerned office is of directorate general health services, lucknow.
kindly advise further in this matter
| | Wrong/In complete Desplay of Information on RBI... | |
While searching for addresses of all bank, I re visited the RTI page of RBI.
I found there is no mention of "Postal Order" for the payment of fee under RTI !!!
They claim Cash / Demand Draft / Bank Pay Order are the only method of payment.
When I had asked why you are not accepting the Postal Order and demanding Draft,they had sent a xerox of act where Postal order was acceptable instrument.
I do not have the scaner hence I am uploading my answers received from RBI tomorrow.
Very Interesting is it not?
| | Start A Thread |
| RTI Success Stories | | MCD TREES saved+plantation using RTI | |
i managed to save around 600 trees from concrete and plantation work of around 300 trees were done by using RTI.
i just asked for budget allocated for plantation adn found out no work has been done in past 10 years,after getting exposed MCD started working,in another case i asked for status of high court which says 6X6 feet concrete free space should be made available to trees for proper growth though nowhere followed but RTI forced them to make trees free from concrete.:D
| | Central Govt Deptt released due salary | |
My friend was working in IHBAS New Delhi. He was not given the last two month salary, as his tenure was not extended but allowed to join the office and putting signature on attendance sheet. But my friend was not given the salary of two months. He tried many times to get his salary, but IHBAS did not response and did not give his salary.
After two years, he tried to get salary. I helped him.
I filed RTI application on behalf on him. I sought copies of attendance sheet, details of tenure and copy of account statement. IHBAS authority did not reply. Ultimately I moved to CIC. In the decision, CIC posed penalty on PIO on not providing information in time. On the order of CIC, PIO of IHBAS provided all sought copies.
After taking all evidence, I filed the claim for due payment under payment of wages act.
At last IHBAS released the due salary of my friend.
It happened due to RTI
| | RTI Works (my experience) | |
Hi,
this is Ajai Vikrama Singh...
My father, Ret. Chairman - Regional Rural Bank and Ret. AGM - U.P. Co-operative Bank LKo., died on Nov. 26th 2008. He owned a SBBL gun with a license. After his death I applied for a gun license(death case) on 27th of Jan. 2009 for keeping his gun as a responsibility he left out as the other assets and family members, cause i'm the only son in the family.
I spent more than 11 months for tracing out the proceedings of my requisition suddenly RTI flashes in my mind Like a MANTRA. I write an application under the RTI act 2005 to know the proceedings regading to my Arms License application, on 19th of Dec. 2009. On 24/02/2010 I've got informed that all the reports and papers works related to my application has been completed now i can represent my self before the District Magistrate of the city to ask for a License.
This is only possible with help of The RTI ................
| | MY EPF Claim - Hyderabad EPFO | |
I have claimed my EPF amount by sending the forms to my employer on 19/Dec/2009 duly filled through courier.
Today my employer confirms that he has already sent the forms to the PF Office for process. Now how will I know on what date the PF office in Hyderabad will send the cheque or DC to my Bank in chennai. I could n't get information in EPFO site for claims in Hyderabad office.
Kindly help me as to what I should do now? I have checked my bank account also. I did not receive my PF amount till now.
| | CIC directed CAW Cell, Delhi to supply details of... | |
Hi
My wife filed complaint against me in CAW Cell and upon completeion of enquiry by CAW Cell , Nanak Pura and upon its reccomandation and FIR was registered u/s 498a/406.
I filed RTI asking them to proivde the details whether as per some circular whether IO asked for source of Stridhan in the form of Bills as well as source of income to purchase the same before reccomending FIR.
PIO and AA CAW Cell denied the info.
I filed Appeal in CIC. There representative of CAW Cell orally stated that in this case chargesheet submitted in court and hence my appeal dismissed that I can get the info from Court.
Wherease while approaching court next day found the no chargshee is available in court. So I filed RTI to CAW and Concerned PIO of case asking them the details with certified copy of doucment relied while giving oral statement in CIC.
I also filed one RTI to CIC that under what rule cic accepted oral statement in the absence of any supporting document and action on the concerned officer for abusing the provision if no rule exists. I also raised the point that why my decisions has not been released on CIC website and inform the action taken on negligent staff for not displaying the info on CIC web site. I used Life and Liberty clause.
Within 7 days I received the copy of CIC decision in my favor asking CAW Cell to release full info.
But they said no info is available that why it is not updated on CIC Website.
Vijay Naru:)
| | RECOVERED Rs.5000/-FROM BANK THOUGH RTI | |
A leading public sector bank had recovered Rs.10000/- from account of my friend’s son towards various service charges while closing the account in Nov 2009. The bank did not respond to normal channels of redressal of complaint. At my guidance, RTI application was filed on 07-12-2009 followed by first appeal for no reply on 07-02-2010. On 05-03-2010 bank contacted him and requested him to collect refund of Rs.5000/- and withdraw RTI application and first appeal.
RTI does work.
| | Success Story for IT fefund due from AY 1996-97... | |
Friends,
I am following RTI Act and this website since long but did not had courage to write under the same. However, few days back after having frustation with the Income Tax Dept, I wrote an application on 01.03.2010 for the refunds.
Surprisingly, just after 2 days i.e on 03.03.2010, I recd a letter from ITO saying they do not have the records and requests to send the duplicate return copy and a bond and they will refund immediately.
I am thankful to this forum.
| | 2007 Scholarship D.D received from CBSE | |
Central Board of Secondary Education is sanctioning scholarships to those students who got good ranks in AIEEE and pursue higher studies. A girl from Guntur got selected for sanction of scholarship in AIEEE, 2005 and 1st year scholarship amount of Rs.12,000-00 was received through demand draft since she joined in Engineering. In the 2nd year, scholarship was renewed but she did not get the demand draft. But 3rd and 4th year scholarship amounts received promptly. She wrote many letters to CBSE. No reply received. As the matter came to my notice, I searched the website of CBSE list of cheques/drafts which were returned by postal department. Not finding the name of the girl in the returned list, I preferred a RTI application in the name of her father to the CBSE in the month of November, 2009. Within 30 days, a reply received stating that the demand draft was not encashed by any one and advised to submit an Indemnity Bond to the Bank duly enclosing the format of the Indemnity Bond. Immediatrely the Indemnity Bond was submitted to CBSE. In Feb, 2010, the father of the girl received a duplicate D.D for Rs. 12,000-00 which is encashed.
The father of the girl who has no hope of getting the amount pertaining to the year 2007 received the amount with the help of RTI Act only.
| | Goc (gazetted officers certificate) | |
Dear Ambrish.p /Kushal,
Thanks i got in ur email but i was not satisfied with your reply u just directed me to the site without reading my post clearly i just asked u IS A MUNICIPAL COUNCILLOR A GAZETTED OFFICER.
I M ATTACHING A DOCUMENT FOR YOUR REF. AND PLS TELL ME IS THIS A VALID DOCUMENT GO THROUGH IT CAREFULLY. WILL PAN CARDS BE ISSUED ON THIS DOCUMENT WHEN ATTACHED AS ADDRESS PROOF AND IDENTITY PROOF.
is the attached document valid and in the site u directed did the website of nsdl mentioned that municipal councillor is a gazetted officer do let me know and email me correct link
ALSO PLS LET ME KNOW Y WAS THE THREAD CLOSED without proper reply if ur work is directing then my visitin ur website was useless wat do u both moderaters say reply
| | New Ration Card in chennai......Success | |
Dear Friends,
I would like to share my experience while obtaining a new ration card in chennai.
I had applied for new ration card in thiruvottiyur civil supplies office in chennai in the month of september. I had to submit mine and my wife's deletion certificate and my son's birth certificate along with the application. I had obtained my deletion certificate from mumbai, it was in marathi language and the name was also not written completely. It was not accepted by them. They asked me to get it in english. But, going back to mumbai and getting the certificate again was impossible for me then.
After enquiring with other officers in the ration office, i came to know that i can bring a true translation of the deletion certificate on an affidavit duly stamped and signed by any NOTARY PUBLIC who is a lawyer, you'll get many at high court. I had to pay Rs. 200 for the affidavit.
I could attach it along with my deletion certificate. i had to produce an address proff for which i used the postal address proof card provided by indian post office. After submission they gave me a slip (kind of acknowledgement card).
I was told that i will get the ration card in 60 days. It was nearing 60 days but no official came from ration office for verification which is supposed to happen after 10-15 days of form submission. Exactly on 61st day i sent them RTI application. I got information on ration offices in chennai, heads of ration offices from following links:
link inside link inside link inside link inside
Exactly on 30th day from RTI application date, officer arrived at my residence for verification. He verified our details and signed on the slip marking completion of verification process. Now the next step was only to get the ration card. The officer told me that after verification they send the details for ration card printing which takes generally takes more than a month (It depends on the printing dept.). On 1st of february i got an email from ration card office (CIVIL SUPPLIES AND CONSUMER PROTECTION DEPARTMENT) that my ration card is ready and i have to collect it after 15 days. Fortunately, i got my card in my hands on 16th feb as mentioned by them without further delay.
I forgot to mention that, the officer came for verification to our residence explicitly mentioned that it is because i applied for RTI, they came so early for verification else it would have taken months and months. Anyway i got my card.
For all those who would like to apply for ration card in chennai, i would like you to ensure the following things:
1). If you do not have anything to be used as an address proof. immediately apply for postal address proof card. You will get it in may be 15-20 days
2). While obtaining deletion certificate, ask the officer to provide it in english necessarily. Ensure that your names are written correctly and completely (FIRSTNAME MIDDLENAME(father) LASTNAME(surname))
3). Immediately after 60 days apply for RTI. Dont forget to attach the acknowledment slip. Unlike other government organizations which take Rs.10, civil supplies needs Rs.50 DD in favour of "Public Information officer, Civil Supplies and Consumer Protection Department"
You'll get the address of your nearest ration office in the above links.
While applying for RTI you can use the same format available in this website, modify it little bit for ration card. I am attaching my application.
During this whole process i strongly felt that there should be a way to apply for RTI along with the application (let them take some extra money) but time to time update should be sent to us instead of making us wait for the stipulated time for applying for the RTI.
This is the second time i used RTI successfully, the first was for my passport from lucknow paasport office which i got after 9 months of application (after 1 month of RTI application) as if they were delivering a baby.
I would like to mention that i did not spend even a penny as a bribe........Thanks to RTI
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